Jurisprudence Or Legal Science?

A Debate about the Nature of Legal Theory

Author: Sean Coyle,George Pavlakos

Publisher: Hart Publishing

ISBN: 1841135046

Category: Law

Page: 174

View: 332

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Modern jurisprudence embodies two distinct traditions of thought about the nature of law. The first adopts a scientific approach which assumes that all legal phenomena possess universal characteristics that may be used in the analysis of any type of legal system. The main task of the legal philosopher is to disclose and understand such characteristics, which are thought to be capable of establishment independently of any moral or political values which the law might promote, and of any other context-dependent features of legal systems. Another form of jurisprudential reflection views the law as a complex form of moral arrangement which can only be analyzed from within a system of reflective moral and political practices. Rather than conducting a search for neutral standpoints or criteria, this second form of theorizing suggests that we uncover the nature and purpose of the law by reflecting on the dynamic properties of legal practice. Can legal philosophy aspire to scientific values of reasoning and truth? Is the idea of neutral standpoints an illusion? Should legal theorizing be limited to the analysis of particular practices? Are the scientific and juristic approaches in the end as rigidly distinct from one another as some have claimed? In a series of important new essays the authors of Jurisprudence or Legal Science? attempt to answer these and other questions about the nature of jurisprudential thinking, whilst emphasizing the connection of such 'methodological' concerns to the substantive legal issues which have traditionally defined the core of jurisprudential speculation.

A Law Dictionary Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern ...

Author: Henry Campbell Black

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1886363102

Category: Law

Page: 1314

View: 1672

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Black, Henry Campbell. A Law Dictionary. Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern. And Including the Principal Terms of International, Constitutional, Ecclesiastical and Commercial Law, and Medical Jurisprudence, with a Collection of Legal Maxims, Numerous Select Titles from the Roman, Modern Civil, Scotch, French, Spanish, and Mexican Law, and Other Foreign Systems, and a Table of Abbreviations. St. Paul, Minn.: West Publishing, 1910. 1314 pp. Reprinted 1995 by the Lawbook Exchange, Ltd. LCCN 97-10320. ISBN 1-886363-10-2. Cloth. $195. * The second edition of Black's classic dictionary incorporates many new definitions and additional citations to decided cases, besides being a thorough revision of previous entries. Also included are many Latin and French terms overlooked in the first edition. Medical jurisprudence in particular is enriched, with new definitions for insanity and pathological and criminal insanity. The second edition (1910) is an essential complement to the first edition (1891) as it provides the scholar and student of law important insights into the rapid development of law at the turn of the century. The second edition is also notable for its revamped system of arrangement, with all compound and descriptive terms subsumed under their related main entries. Libraries, students, historians, and practitioners will all benefit from this historically significant research tool.

Deleuze and Law

Author: Laurent de Sutter

Publisher: Edinburgh University Press

ISBN: 0748655395

Category: Philosophy

Page: 224

View: 9375

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This collection of 13 essays offers insights into Gilles Deleuze's philosophy of law which experiments with new forms of politics, economics and society.

Human Dignity and the Foundations of International Law

Author: Patrick Capps

Publisher: Bloomsbury Publishing

ISBN: 1847318061

Category: Law

Page: 306

View: 6977

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International lawyers have often been interested in the link between their discipline and the foundational issues of jurisprudential method, but little that is systematic has been written on this subject. In this book, an attempt is made to fill this gap by focusing on issues of concept-formation in legal science in general with a view to their application to the specific concerns of international law. In responding to these issues, the author argues that public international law seeks to establish and institutionalise a system of authoritative judgment whereby the conditions by which a community of states can co-exist and co-operate are ensured. A state, in turn, must be understood as ultimately deriving legitimacy from the pursuit of the human dignity of the community it governs, as well as the dignity of those human beings and states affected by its actions in international relations. This argument is in line with a long and now resurgent Kantian tradition in legal and political philosophy. The book shows how this approach is reflected in accepted paradigm cases of international law, such as the United Nations Charter. It then explains how this approach can provide insights into the theoretical foundations of these accepted paradigms, including our understanding of the sources of international law, international legal personality and the design of global institutions.

Michael Ryan’s Writings on Medical Ethics

Author: Howard A. Brody,Zahra Meghani,Kimberly Greenwald

Publisher: Springer Science & Business Media

ISBN: 9789048130498

Category: Medical

Page: 258

View: 6298

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Michael Ryan (d. 1840) remains one of the most mysterious figures in the history of medical ethics, despite the fact that he was the only British physician during the middle years of the 19th century to write about ethics in a systematic way. Michael Ryan’s Writings on Medical Ethics offers both an annotated reprint of his key ethical writings, and an extensive introductory essay that fills in many previously unknown details of Ryan’s life, analyzes the significance of his ethical works, and places him within the historical trajectory of the field of medical ethics.

Law, Rights and Discourse

The Legal Philosophy of Robert Alexy

Author: George Pavlakos

Publisher: Bloomsbury Publishing

ISBN: 184731368X

Category: Law

Page: 390

View: 8843

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A philosophical system is not what one would expect to find in the work of a contemporary legal thinker. Robert Alexy's work counts as a striking exception. Over the past 28 years Alexy has been developing, with remarkable clarity and consistency, a systematic philosophy covering most of the key areas of legal philosophy. Kantian in its inspiration, his work admirably combines the rigour of analytical philosophy with a repertoire of humanitarian ideals reflecting the tradition of the Geisteswissenschaften, rendering it one of the most far-reaching and influential legal philosophies in our time. This volume has been designed with two foci in mind: the first is to reflect the breadth of Alexy's philosophical system, as well as the varieties of jurisprudential and philosophical scholarship in the last three decades on which his work has had an impact. The second objective is to provide for a critical exchange between Alexy and a number of specialists in the field, with an eye to identifying new areas of inquiry and offering a new impetus to the discourse theory of law. To that extent, it was thought that a critical exchange such as the one undertaken here would most appropriately reflect the discursive and critical character of Robert Alexy's work. The volume is divided into four parts, each dealing with a key area of Alexy's contribution. A final section brings together concise answers by Robert Alexy. In composing these, Alexy has tried to focus on points and criticisms that address new aspects of discourse theory or otherwise point the way to future developments and applications. With its range of topics of coverage, the number of specialists it engages and the originality of the answers it provides, this collection will become a standard work of reference for anyone working in legal theory in general and the discourse theory of law in particular.

A Law Dictionary

Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern : and Including the Principal Terms of International, Constitutional, Ecclesiastical and Commercial Law, and Medical Jurisprudence, with a Collection of Legal Maxims, Numerous Select Titles from the Roman, Modern Civil, Scotch, French, Spanish, and Mexican Law, and Other Foreign Systems, and a Table of Abbreviations

Author: Henry Campbell Black

Publisher: N.A

ISBN: N.A

Category: Law

Page: 1314

View: 4572

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Crime and Deviance

Essays and Innovations of Edwin M. Lemert

Author: Edwin McCarthy Lemert

Publisher: Rowman & Littlefield

ISBN: 9780847698172

Category: Political Science

Page: 310

View: 3585

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This volume brings together the significant essays and previously unpublished writings of Edwin M. Lemert. Lemert was one of the first authors to establish the foundations of the modern sociology of crime and social deviance and wrote with empirical insight on various related topics.

Lectures on Jurisprudence Or the Philosophy of Positive Law

Author: John Austin,Robert Campbell

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584774290

Category: Law

Page: 1132

View: 723

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Austin, John. Lectures on Jurisprudence or the Philosophy of Positive Law. Fifth Edition, Revised and Edited by Robert Campbell. London: John Murray, 1885. Two volumes. Reprint available September 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-429-0. Cloth. $250. * Reprint of the fifth edition of Austin's magnum opus. Austin [1790-1859] was the founder of English analytical jurisprudence and the first to subject the law to inductive analysis. First published in 1861, this work is a landmark in the development of modern legal thought. Its most important contributions were the strict delimitation of law and its distinction from morality, elaboration of the idea of law as a kind of command and the close examination of such common legal terms as right, duty, liberty, injury and punishment. The editions edited by Campbell had a profound influence on Anglo-American jurisprudential thinking. This is especially true of this edition, which is widely regarded as the best.

Human Rights

The Hard Questions

Author: Cindy Holder,David Reidy

Publisher: Cambridge University Press

ISBN: 1107003067

Category: Law

Page: 472

View: 9668

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This volume addresses the philosophical and theoretical ramifications of human rights, and challenges made to them.

Sociology of Law and Legal Sciences

Proceedings of a Conference on the Sociology of Law, Balatonszéplak, Hungary, September 21-25, 1976

Author: Kálmán Kulcsár

Publisher: N.A

ISBN: N.A

Category: Jurisprudence

Page: 380

View: 5941

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A Companion to Families in the Greek and Roman Worlds

Author: Beryl Rawson

Publisher: John Wiley & Sons

ISBN: 9781444390759

Category: Literary Criticism

Page: 664

View: 3018

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A Companion to Families in the Greek and Roman Worlds draws from both established and current scholarship to offer a broad overview of the field, engage in contemporary debates, and pose stimulating questions about future development in the study of families. Provides up-to-date research on family structure from archaeology, art, social, cultural, and economic history Includes contributions from established and rising international scholars Features illustrations of families, children, slaves, and ritual life, along with maps and diagrams of sites and dwellings Honorable Mention for 2011 Single Volume Reference/Humanities & Social Sciences PROSE award granted by the Association of American Publishers

Studies in Law, Politics and Society

Author: Austin Sarat

Publisher: Emerald Group Publishing

ISBN: 1780520816

Category: Law

Page: 216

View: 4139

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This volume Studies in Law, Politics and Society contains a symposium on indigenous peoples in Latin America. It examines the ways rights are negotiated between those groups and the states in which they live.

Criminal Law, Second Edition

Author: Charles P. Nemeth

Publisher: CRC Press

ISBN: 1439897875

Category: Law

Page: 610

View: 8216

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In order to fully grasp criminal law concepts, students must go beyond mere rote memorization of the penal code and attempt to understand where the laws originate from and how they have developed. Criminal Law, Second Edition blends legal and moral reasoning in the examination of crimes and explores the history relating to jurisprudence and roots of criminal law. It fosters discussions of controversial issues and delivers abridged case law decisions that target the essence of appellate rulings. Grounded in the model penal code, making the text national in scope, this volume examines: Why the criminal codes originated, and the moral, religious, spiritual, and human influences that led to our present system How crimes are described in the modern criminal justice model The two essential elements necessary for criminal culpability: actus reus (the act committed or omitted) and mens rea (the mind and intent of the actor) Offenses against the body resulting in death, including murder, manslaughter, felony murder, and negligent homicide Nonterminal criminal conduct against the body, including robbery, kidnapping, false imprisonment, assault, and hate crimes Sexual assault, rape, necrophilia, incest, and child molestation Property offenses, such as larceny/theft, bribery, forgery, and embezzlement Crimes against the home, including burglary, trespass, arson, and vandalism The book also examines controversial public morality issues such as prostitution, drug legalization, obscenity, and pornography. The final two chapters discuss inchoate offenses, where the criminal act has not been completed, and various criminal defenses such as legal insanity, entrapment, coercion, self-defense, and mistake of fact or law. Important keywords introduce each chapter, and discussion questions and suggested readings appear at the end of each chapter, prompting lively debate and further inquiry into a fascinating subject area that continues to evolve.

Jurisprudence for a Free Society

Studies in Law, Science, and Policy

Author: Harold Dwight Lasswell,Myres Smith Macdougal

Publisher: Martinus Nijhoff Publishers

ISBN: 9780792309895

Category: Law

Page: 1

View: 5351

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"Jurisprudence For a Free Society" is a remarkable contribution to legal theory. In its comprehensiveness and systematic elaboration, it stands among the major theories. It is also the most important jurisprudential statement to emerge in the post-war period. The pioneering work of Lasswell and McDougal on law and policy is already legendary. Most of the work produced by these scholars together and in collaboration with their students represent applications of their basic theory to a wide assortment of international and national legal and policy problems. Now, for the first time, the authoritative statement of their legal philosophy appears as a single volume. In Part I the authors develop their fundamental criteria for a theory about law, including the requirements of clarifying observational standpoint, focus of inquiry and the pertinent intellectual tasks incumbent on the scholar and decisionmaker for determining and achieving common interests. Trends in theories about law, including Natural Law, the Historical School, Positivism, the Sociological Study of Law, American Legal Realism and other contemporary theories, are explored for what they might contribute to the achievement to the authors' conception of an adequate jurisprudence. In Part II, the social process as a whole and the particular value-institutional processes that comprise it are described and analyzed. Because people establish, maintain and change institutions, the dynamics of personality and personality's relation to law is delineated. Part III explores the intellectual tasks of policy thinking, from clarification of values, through description of trend, the scientific examination of conditions, projection of futuredevelopments and the invention of alternatives. Part IV examines the structure of decision in a free society, a society in which the achievement of human dignity is confirmed in both word and deed. Six appendices bring together monographs by the authors over a period of forty years which deal, in more detail, with particular matters treated in the body of the book.

Liberty in Hume’s History of England

Author: N. Capaldi,D. Livingston

Publisher: Springer Science & Business Media

ISBN: 9400905351

Category: Philosophy

Page: 240

View: 3411

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LIBERTY IN HUME'S HISTORY OF ENGLAND In his own lifetime, Hume was feted by his admirers as a great historian, and even his enemies conceded that he was a controversial historian with whom one had to reckon. On the other hand, Hume failed to achieve positive recognition for his philosophical views. It was Hume's History of England that played an influential role in public policy debate during the eighteenth century in both Great Britain and in the United States. Hume's Hist01Y of England passed through seven editions and was beginning to be perceived as a classic before Hume's death. Voltaire, as an historian, considered it "perhaps the best ever written in any lan guage. " Gibbon greatly admired Hume's work and said, of a letter written by Hume in 1776 praising the Decline and Fall of the Roman Empire, that a compliment from Hume "overpaid the labor of ten years. " After Hume's death on August 20, 1776, the History became a factor in the revolutionary events that began to unfold. Louis XVI was a close student of Hume's History, and his valet records that, upon having learned that the Convention had voted the death penalty, the King asked for the volume in Hume's History covering the trial and execution of Charles I to read in the days that remained. But if Louis XVI found the consolations of philosophical history in the Stuart volumes, Thomas Jefferson saw in them a cause for alarm.

The Philosophy of Law and Legal Science

Author: S.I. Zakhartsev,V.P. Salnikov

Publisher: Cambridge Scholars Publishing

ISBN: 152751787X

Category: Law

Page: 280

View: 5381

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The book explores a variety of problems connected to philosophy and philosophy of law. It discusses the problem of monism-pluralism in philosophy and philosophy of law, criticizes philosophy of post-positivism and postmodernism, and investigates dialectics as a universal global methodological basis of scientific cognition and philosophy of law. The volume also pays particular attention to contemporary legal education, offering potential solutions to problems in this field. The book is the result of a range of sociological studies conducted both in Russia and abroad concerning the legal process and legal consciousness.

Realistic Socio-legal Theory

Pragmatism and a Social Theory of Law

Author: Brian Z. Tamanaha

Publisher: Oxford University Press

ISBN: 0198298250

Category: Law

Page: 280

View: 2269

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Drawing on philosophical pragmatism, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area. Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure ofjudicial decision making. These issues are tackled in a clear and concise fashion while articulating a social theory of law that draws equally from legal theory and socio-legal theory. `This book provides a useful, and at times provocative, review of recent developments in legal theory. Because it covers considerable territory, it should be a good addition to one's professional library . . . there is much to commend in this book. It is well written, ably argued, and generally knowledgeable. It treats controversial topics forthrightly . . .an excellent review of the legal theory literature. . . . It should provide a worthwhile venture into familiar debates rendered from a perspective that owes allegiance to no side.' Law and Politics Book Review `by any criterion and excellent book . . .Tamanaha has produced a work which should feature as a core text in jurisprudence courses' Oxford Journal of Legal Studies `This is the most significant piece of work for anybody in Jurisprudence, Socio-Legal Studies, or Legal Theory' Neil MacCormick `a rich insight into almost every question legal theory has vexed itself over the past twenty-five years' Stanley Fish