Author: Roscoe Pound

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584771194

Category: Law

Page: 543

View: 3824

Reprint of the sole edition of Pound's magnum opus. This monumental work which was the culmination of a life devoted to the study of the law and its philosophical underpinnings. One of the most important contributions to the world's legal literature of the century in which he advances his views on sociological jurisprudence. According to Pound, the law should be flexible to meet the changing needs of society. More important, it must recognize the needs of humanity and take contemporary social conditions into account. Within are parts that cover The Nature of Law, Sources, Forms, Modes of Growth, Application and Enforcement of Law, The System of Law, chapters include Law and Morals-Jurisprudence and Ethics, Law and the State-Jurisprudence and Politics, The Judicial Process in Action, Obligations-Duties of Performance and of Restitution, Comparative Civil Procedure.


Author: L. B. Curzon,Routledge-Cavendish

Publisher: Psychology Press

ISBN: 1859415180

Category: Law

Page: 153

View: 3730

Cavendish LawCards are complete, pocket-sized guides to key examinable areas of the law for both undergraduate and PGDL courses. Their concise text, user-friendly layout and compact format make Cavendish LawCards the ideal revision aid for identifying, understanding, and committing to memory the salient points of each area of law.

Formalising Jurisprudence / Formalisierung der Jurisprudenz

Festschrift for Hajime Yoshino / Festschrift für Hajime Yoshino

Author: Friedrich Lachmayer,Erich Schweighofer,Michal Araszkiewicz,Marijan Pavcnik

Publisher: Editions Weblaw

ISBN: 3906940748

Category: Law

Page: 408

View: 1063

Hajime Yoshino ist seit den Siebzigerjahren ein maßgeblicher Protagonist der Rechtslogik und der Rechtsinformatik in Japan. Der Gelehrtencommunity um Herbert Fiedler, Arthur Kaufmann, Ulrich Klug, Lothar Philipps, Jürgen Rödig, Ilmar Tammelo und Ota Weinberger entstammend, hat er sich unermüdlich für die Anwendung der Logik in der Rechtswissenschaft eingesetzt und damit auch den Weg für die Rechtsinformatik mitbereitet. Sein Anliegen, das er in der "Logischen Jurisprudenz" zusammengefasst hat, ist Auftrag und Zeichen, die formalen Wurzeln der Rechtswissenschaft im Übergangsfeld zur Rechtsinformatik weiterhin zu verstärken und auszubauen. Professor Hajime Yoshino ist eine angenehme und humorvolle Persönlichkeit. Es ist ein Privilegium, ihn treffen zu können. Er regt die Diskussionen an und wirkt integrativ. Im Zuge der Gestaltung dieses Sammelbandes wurde erneut deutlich, dass es in der wissenschaftlichen Praxis nicht nur um den Kernbereich der Anwendung der formalen Logik geht, sondern dass das Wort "Formalisierung" ein weiteres Feld beschreibt, das – der Avantgarde zugeordnet – durch explizite Strukturierungen eine intellektuelle Durchdringung des Rechtes und seines Umfeldes aufbereitet. Die Vielzahl der in diesem Sammelband behandelten Themen gruppiert sich in unterschiedlicher Intensität um Yoshinos Anliegen einer Rechtswissenschaft, in welcher der Logik und dem formalen Denken ein grundlegender Stellenwert zukommt.


a textbook for Nigerian students

Author: J. M. Elegido

Publisher: Spectrum Books Ltd

ISBN: 9789782461827

Category: Law

Page: 397

View: 4777



Realism in Theory and Practice

Author: Karl Llewellyn

Publisher: Routledge

ISBN: 1351510398

Category: Law

Page: 549

View: 646

Jurisprudence: Realism in Theory and Practice compiles many of Llewellyn's most important writings. For his time, the thirties through the fifties, Llewellyn offered fresh approaches to the study of law and society. Although these writings might not seem innovative today, because they have become widely applied in the contemporary world, they remain a testament to his. The ideas he advanced many decades ago have now become commonplace among contemporary jurisprudence scholars as well as social scientists studying law and legal issues.Legal realism, the ground of Llewellyn's theory, attempts to contextualize the practice of law. Its proponents argue that a host of extra-legal factors--social, cultural, historical, and psychological, to name a few--are at least as important in determining legal outcomes as are the rules and principles by which the legal system operates. Oliver Wendell Holmes, Jr., book, The Common Law, is regarded as the founder of legal realism. Holmes stated that in order to truly understand the workings of law, one must go beyond technical (or logical) elements entailing rules and procedures. The life of the law is not only that which is embodied in statutes and court decisions guided by procedural law. Law is just as much about experience: about flesh-and-blood human beings doings things together and making decisions.Llewellyn's version of legal realism was heavily influenced by Pound and Holmes. The distinction between ""law in books"" and ""law in action"" is an acknowledgement of the gap that exists between law as embodied in criminal, civil, and administrative code books, and law. A fully formed legal realism insists on studying the behavior of legal practitioners, including their practices, habits, and techniques of action as well as decision-making about others. This classic studyis a foremosthistorical work on legal theory, and is essential for understanding the roots of this influential perspective.


From The Greeks To Post-Modernity

Author: Wayne Morrison

Publisher: Routledge

ISBN: 1135352828

Category: Law

Page: 600

View: 8918

This challenging book on jurisprudence begins by posing questions in the post-modern context,and then seeks to bridge the gap between our traditions and contemporary situation. It offers a narrative encompassing the birth of western philosophy in the Greeks and moves through medieval Christendom, Hobbes, the defence of the common law with David Hume, the beginnings of utilitarianism in Adam Smith, Bentham and John Stuart Mill, the hope for enlightenment with Kant, Rousseau, Hegel and Marx, onto the more pessimistic warnings of Weber and Nietzsche. It defends the work of Austin against the reductionism of HLA Hart, analyses the period of high modernity in the writings of Kelsen, Hart and Fuller, and compares the different approaches to justice of Rawls and Nozick. The liberal defence of legality in Ronald Dworkin is contrasted with the more disillusioned accounts of the critical legal studies movement and the personalised accounts of prominent feminist writers.

Jurisprudence Lecture Notes

Author: Peter Curzon

Publisher: Cavendish Publishing

ISBN: 1843142945

Category: Law

Page: 360

View: 9438

First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.


A Descriptive and Normative Analysis of Law

Author: Anthony A. D'Amato

Publisher: Martinus Nijhoff Publishers

ISBN: 9789024729197

Category: Law

Page: 334

View: 6890

Jurisprudence For a Free Society is a remarkable contribution to legal theory. In its comprehensiveness & 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 & McDougal on law & policy is already legendary. Most of the work produced by these scholars together & in collaboration with their students represent applications of their basic theory to a wide assortment of international & national legal & 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 & the pertinent intellectual tasks incumbent on the scholar & decisionmaker for determining & achieving common interests. Trends in theories about law, including Natural Law, the Historical School, Positivism, the Sociological Study of Law, American Legal Realism & 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 & the particular value-institutional processes that comprise it are described & analyzed. Because people establish, maintain & change institutions, the dynamics of personality & 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 future developments & 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 & 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.

Natural Law and Laws of Nature in Early Modern Europe

Jurisprudence, Theology, Moral and Natural Philosophy

Author: Michael Stolleis

Publisher: Routledge

ISBN: 1317089766

Category: History

Page: 350

View: 6913

This impressive volume is the first attempt to look at the intertwined histories of natural law and the laws of nature in early modern Europe. These notions became central to jurisprudence and natural philosophy in the seventeenth century; the debates that informed developments in those fields drew heavily on theology and moral philosophy, and vice versa. Historians of science, law, philosophy, and theology from Europe and North America here come together to address these central themes and to consider the question; was the emergence of natural law both in European jurisprudence and natural philosophy merely a coincidence, or did these disciplinary traditions develop within a common conceptual matrix, in which theological, philosophical, and political arguments converged to make the analogy between legal and natural orders compelling. This book will stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.

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: 4472

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.


Author: Chris Roederer

Publisher: Kluwer

ISBN: 9780702159138

Category: Jurisprudence

Page: 667

View: 9743

Jurisprudence is a comprehensive treatment of the subject by many of the leading legal theorists in South Africa. Each of the major schools of jurisprudence, as well as a number of the major issues in jurisprudence, are discussed in a sophisticated yet accessible style. Each of the schools is assessed for its relevance to South Africa and South African law. Further, Jurisprudence provides the reader with an introduction that contains a metatheoretical approach and set of tools for systematically evaluating the man and various theoretical claims found within the book and in the subject more generally.


Author: Suri Ratnapala

Publisher: Cambridge University Press

ISBN: 1107612578

Category: Law

Page: 420

View: 8399

Offers a comprehensive overview of legal theory and philosophy and demystifies the discipline's major ideas and debates.

The Problems of Jurisprudence

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 9780674708761

Category: Law

Page: 485

View: 7140

In this book, one of our country's most distinguished scholar-judges shares with us his vision of the law. For the past two thousand years, the philosophy of law has been dominated by two rival doctrines. One contends that law is more than politics and yields, in the hands of skillful judges, correct answers to even the most difficult legal questions; the other contends that law is politics through and through and that judges wield essentially arbitrary powers. Rejecting these doctrines as too metaphysical in the first instance and too nihilistic in the second, Richard Posner argues for a pragmatic jurisprudence, one that eschews formalism in favor of the factual and the empirical. Laws, he argues, are not abstract, sacred entities, but socially determined goads for shaping behavior to conform with society's values. Examining how judges go about making difficult decisions, Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. Indeed, he reminds us, the greatest figures in American law have transcended the traditional conceptions of the lawyer's craft. Robert Jackson did not attend law school and Benjamin Cardozo left before getting a degree. Holmes was neither the most successful of lawyers nor the most lawyerly of judges. Citing these examples, Posner makes a plea for a law that frees itself from excessive insularity and takes all knowledge, practical and theoretical, as grist for its mill. The pragmatism that Posner espouses implies looking at problems concretely, experimentally, without illusions, with an emphasis on keeping diverse paths of inquiry open, and, above all, with the insistence that social thought and action be evaluated as instruments to desired human goals rather than as ends in themselves. In making his arguments, he discusses notable figures in jurisprudence from Antigonc to Ronald Dworkin as well as recent movements ranging from law and economics to civic republicanism, and feminism to libertarianism. All are subjected to Posner's stringent analysis in a fresh and candid examination of some of the deepest problems presented by the enterprise of law.

The Origins of Islamic Jurisprudence

Meccan Fiqh Before the Classical Schools

Author: Harald Motzki

Publisher: BRILL

ISBN: 9789004121317

Category: History

Page: 326

View: 6326

Based on a new source, this study reconstructs for the first time the early development of Islamic jurisprudence at Mecca and challenges the current view of scholarship concerning the origins of Islamic jurisprudence.


Author: Peter Halstead

Publisher: Routledge

ISBN: 1444138286

Category: Law

Page: 136

View: 2445

Key Facts is the essential revision series for anyone studying law, including LLB, ILEX and post-graduate conversion courses. The Key Facts series provides the simplest and most effective way for you to absorb and retain the essential facts needed for exam success. Key features include: * Diagrams at the start of chapters to summarise the key points * Structured heading levels to allow for clear recall of the main facts * Charts and tables to break down more complex information New to these editions is an improved text design making the books easier read and the facts easier to retain. Key Facts books are supported by the website www.UnlockingTheLaw.co.uk where you will find extensive revision materials including MCQs and Key Q&As.

Therapeutic Jurisprudence

Author: Marilyn McMahon,David Wexler

Publisher: Federation Press

ISBN: 9781862874466

Category: Criminal psychology and psychiatry

Page: 136

View: 6251

Therapeutic Jurisprudence is a special issue (Volume 20 No 2) of the journal Law in Context. The contents are listed below. You can read the abstract for each chapter by clicking on its title.You can purchase a single copy of this issue through this page, or subscribe to the journal from the journal page.