Varieties Of Legal Order
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Varieties Of Legal Order
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Author : Thomas F. Burke
language : en
Publisher: Routledge
Release Date : 2017-08-14
Varieties Of Legal Order written by Thomas F. Burke and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-14 with Political Science categories.
Across the globe, law in all its variety is becoming more central to politics, public policy, and everyday life. For over four decades, Robert A. Kagan has been a leading scholar of the causes and consequences of the march of law that is characteristic of late 20th and early 21st century governance. In this volume, top sociolegal scholars use Kagan’s concepts and methods to examine the politics of litigation and regulation, both in the United States and around the world. Through studies of civil rights law, tobacco politics, “Eurolegalism,” Russian auto accidents, Australian coal mines, and California prisons, these scholars probe the politics of different forms of law, and the complex path by which “law on the books” shapes social life. Like Kagan’s scholarship, Varieties of Legal Order moves beyond stale debates about litigiousness and overregulation, and invites us to think more imaginatively about how the rise of law and legalism will shape politics and social life in the 21st century.
Properties Of Law
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Author : Kaarlo Tuori
language : en
Publisher: Cambridge University Press
Release Date : 2021-09-16
Properties Of Law written by Kaarlo Tuori and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-16 with Law categories.
Properties of Law is a legal-theoretical analysis about modern state law; about sociality, normativity and plurality as its properties, and what will come after modern state law. The main objective of this study is to offer a legal theoretical recapitulation of modern state law that avoids the fallacies of Legal Positivism. This calls for a relationist approach where law's sociality is related to normativity, and normativity to sociality. Avoiding Legal Positivism's fallacies also includes refraining from extrapolating from modern state law to law in general; replacing Legal Positivism's conceptual universalism with sensitivity to the varieties of law, and acknowledging that law existed before modern state law, that it will exist after modern state law, and that other law exists alongside modern state law. The book concludes with a discussion of the impact of digitalization on law.
Legal System Between Order And Disorder
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Author : Michel van de Kerchove
language : en
Publisher: Clarendon Press
Release Date : 1994
Legal System Between Order And Disorder written by Michel van de Kerchove and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Language Arts & Disciplines categories.
This book considers two interrelated core questions. The first is: how have legal philosophers systematized law, and what types of assumptions have they made in undertaking this task? Second, in what sense is law a system, and how is it maintained as such? In answering the first question thebook surveys and analyses the theories of a number of European legal philosophers and in answering the second puts forward its own distinct theory.
Theory Of Legal Principles
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Author : Humberto Avila
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-09-26
Theory Of Legal Principles written by Humberto Avila and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-09-26 with Law categories.
This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.
Law Order And Power
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Author : William J. Chambliss
language : en
Publisher: Reading, Mass : Addison-Wesley Publishing Company
Release Date : 1971
Law Order And Power written by William J. Chambliss and has been published by Reading, Mass : Addison-Wesley Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with Criminal justice, Administration of categories.
The Legal Order
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Author : Åke Frändberg
language : en
Publisher: Springer
Release Date : 2018-08-16
The Legal Order written by Åke Frändberg and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-16 with Law categories.
In this monograph a fundamental distinction is made between law and juridical thinking. Law is the content of legal rules and the systems of legal rules. Juridical thinking is the handling of the law by the lawyers. To this distinction corresponds a basic distinction between the language of law and the language of juridical thinking, and correlatively, between L-concepts (law concepts) and J-concepts (juridical or jurisprudential concepts). The monograph is devoted to the J-concepts, especially of technical (not ideological or evaluative) J-concepts. Four kinds of J-concepts are investigated: morphological J-concepts, those that help us to structure the law in a logical and functional way; topological J-concepts, those that help us to indicate the phenomena to which the law is applicable, and to separate the areas of application for different legal systems; praxeological J-concepts, those that help us to explore the relations between law and action, and methodological J-concepts, those that help us to describe the methods of the professional-juridical handling of the law. The work can be characterised as presenting a lawyer ́s philosophy of law.
Sociology Of Law
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Author : Georges Gurvitch
language : en
Publisher: Transaction Publishers
Release Date :
Sociology Of Law written by Georges Gurvitch and has been published by Transaction Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on with Social Science categories.
The core of this book is a continuation of the efforts, apparent in the work of Max Weber, to resolve or integrate the dualism which is affecting law. The introduction discusses the author's place in the history of the sociology of law and the context in which his works should be placed.
Equity And Law
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Author : María José Falcón y Tella
language : en
Publisher: BRILL
Release Date : 2008-10-02
Equity And Law written by María José Falcón y Tella and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-10-02 with Law categories.
This book includes a dynamic study of the different types of equity throughout history and in the different legal systems; the concept, content, limits, functions and types of equity; the relationship between equity and related ideas, and equity in all the branches of the legal order.
Law Culture And Society
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Author : Roger Cotterrell
language : en
Publisher: Routledge
Release Date : 2017-10-03
Law Culture And Society written by Roger Cotterrell and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-03 with Law categories.
This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal studies on the one hand and legal philosophy on the other. It is suggested that the concept of law must be re-considered. Law has to be seen today not just as the law of the nation state, or international law that links nation states, but also as transnational law in many forms. A legal pluralist approach is not just a matter of redefining law in legal theory; it also recognizes that law's authority comes from a plurality of diverse, sometimes conflicting, social sources. The book suggests that the social environment in which law operates must also be rethought, with many implications for comparative legal studies. The nature and boundaries of culture become important problems, while the concept of multiculturalism points to the cultural diversity of populations and to problems of fragmentation, or perhaps to new kinds of unity of the social. Theories of globalization raise a host of issues about the integrity of societies and about the need to understand social networks and forces that extend beyond the political societies of nation states. Through a range of specific studies, closely interrelated and building on each other, the book seeks to integrate the sociology of law with other kinds of legal analysis and engages directly with current juristic debates in legal theory and comparative law.
The Nature Of The Law And Related Legal Writings
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Author : Eric Voegelin
language : en
Publisher: University of Missouri Press
Release Date : 1991
The Nature Of The Law And Related Legal Writings written by Eric Voegelin and has been published by University of Missouri Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Law categories.
During the course of his lifelong, wide-ranging reflections on history and philosophy, Eric Voegelin naturally was drawn to speculate on the nature of law. This volume consists of many of Voegelin's significant writings in this area, most notably the previously unpublished The Nature of the Law. Voegelin completed The Nature of the Law in 1957 while he was a member of the political science faculty of Louisiana State University and teaching a course in jurisprudence at the university's law school. In it he undertakes a philosophical analysis of the law to determine its nature, or essence, and comes to the conclusion that the law does not exist as a discrete entity but instead constitutes the structure of a society. The law, as Voegelin's analysis reveals, is not simply the command of a Leviathan handed down to others. Nor is it simply the result of a social compact among autonomous individuals or the expressed will of a majority securing its own self-defined, immediate worldly interest. It is rather a part of the order that a society discovers and specifies for itself in the effort to secure the common good. Thus laws and legal order have an integral relation with the society that declares them, for in declaring laws the society in some sense structures itself. Also included in this volume is Voegelin's detailed outline for the jurisprudence course he taught at LSU from 1954 to 1957. The outline was distributed to Voegelin's students but otherwise has not been published. In this outline Voegelin is concerned more with the criteria for legal order than he is with the nature of law. Voegelin also prepared for his jurisprudence course supplementary notes that are essentially a compact statement of his views on the law, and the editors have included those notes here. Finally, the book contains reviews, written by Voegelin in 1941 and 1942, of four books on legal science and legal philosophy.