A Personalist Jurisprudence The Next Step

Author : Samuel J. M. Donnelly
Publisher : Unknown
Page : 340 pages
File Size : 50,5 Mb
Release : 2003
Category : Law
ISBN : STANFORD:36105063275221

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A Personalist Jurisprudence, the Next Step by Samuel J. M. Donnelly Pdf

In 1880, Oliver Wendell Holmes, Jr. defined law as the predictions of what courts would do. Others, particularly his intellectual opponent Christopher Columbus Langdell, perceived law as a system of language and rules. This book offers an interpretation of American law and a method for judicial decision making. Donnelly offers a vision of American law "as an activity engaged in by a variety of players including judges, advocates for the plaintiff and defendants, law reformers, scholars and perhaps all of us." A central argument is that law is concerned with persons and their relations. Arguably, during the 20th century there was, in jurisprudential thought, a step-by-step, piecemeal recovery of a role for the person in the law. The next logical step in the 21st century is an explicitly person-centered jurisprudence as interpretation of American law. An important aspect of this book is its critique of both legal and general intellectual method. Lawyers concerned with critiques of judicial decision-making, judges, law professors, and law students will find this book invaluable, as will political scientists, philosophers and social scientists. The foreword to A Personalist Jurisprudence, The Next Step is written by Vice President Joseph Biden. "I think Donnelly's work may well be an invaluable guide in considering what counts most in a Supreme Court justice...a method for interpretation which will be in accord with his commitment to afford all persons deep respect and concern and try to understand persons, their needs and their horizons." -- Joseph R. Biden, Jr., Vice President "This book is recommended for those interested in jurisprudence, legal philosophy, or constitutional theory." -- Bimonthly Review of Law Books, May/June 2003 "All seven chapters are readable and superbly presented with excellent subsections and summary conclusions. Highly recommended." -- CHOICE Magazine, December 2003

Author : Karl Nickerson Llewellyn
Publisher : Unknown
Page : 531 pages
File Size : 51,8 Mb
Release : 1971
Category : Electronic
ISBN : OCLC:848205276

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Jurisprudence ; Realism in Theory and Practice by Karl Nickerson Llewellyn Pdf

Author : Anonim
Publisher : Unknown
Page : 404 pages
File Size : 54,9 Mb
Release : 2004
Category : Electronic journals
ISBN : OSU:32437122353481

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Syracuse Journal of International Law and Commerce by Anonim Pdf

Author : Roland Portmann
Publisher : Cambridge University Press
Page : 128 pages
File Size : 41,7 Mb
Release : 2010-08-26
Category : Law
ISBN : 9781139493222

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Legal Personality in International Law by Roland Portmann Pdf

Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.

Author : Oliver Wendell Holmes
Publisher : Good Press
Page : 337 pages
File Size : 49,5 Mb
Release : 2019-11-19
Category : Law
ISBN : EAN:4057664139382

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The Common Law by Oliver Wendell Holmes Pdf

'The Common Law' is a book that was written by Oliver Wendell Holmes Jr., 21 years before Holmes became an Associate Justice of the Supreme Court of the United States. The book is about common law in the United States, including torts, property, contracts, and crime. It is written as a series of lectures. One of the most famous aphorisms to be drawn from this book occurs on the first page: "The life of the law has not been logic: it has been experience."

Author : Richard D. Schwartz
Publisher : SAGE Publications, Incorporated
Page : 334 pages
File Size : 51,9 Mb
Release : 2006-10-09
Category : Education
ISBN : UVA:X004994464

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Law, Society, and Democracy: Comparative Perspectives by Richard D. Schwartz Pdf

In George Bush's Second Inaugural Address, he stated, "so it is the policy of the United States to seek and support the growth of democratic movements and institutions in every nation and culture ..." Along with such a formidable challenge, comes the essential need for scholars and policy makers alike to gain a deeper understanding of the interrelationship between law, society, and culture. Collected from the successful 2005 Syracuse conference of the same name, the papers in this unique issue of The ANNALS zero in on critical studies that focus on other societies – which are evolving toward (or away from) constitutional democracy and a rule of law. Not to be confused with Social Darwinism, the term legal evolution in this context refers to the development or changes of law; and the papers included here demonstrate value-free objectivity – not labeling the results as either "good" or "bad." Rather than offering a prescriptive or claiming a precise forecast, this collection of thoughtful research examines the sociocultural foundations on which law is built, constructing the groundwork for the advancement of policy and further exploration in this intriguing area of study. The intense research conducted by these authors shines through as they elucidate the patterns of legal development and governmental change in societies abroad. Their reports and analysis will help readers understand the diversity of sociolegal systems and divergent paths that have been followed as laws have developed in a wide variety of societies, including South Africa, Germany, Latin America Sudan, Saudi-Arabia, and China. Terrorism remains an underlying issue in both a domestic and global perspective. Can law contribute to the control of terrorism? Are we moving toward global rules of law? What are the consequences of transitioning toward democracy? The thoughtful papers in this issue address these and other timely topics. How can legal evolution be a useful tool for analyzing social change? How well does law in any society express and implement the needs of the population? What effect do social mores have on the effectiveness of law? The complexity of these questions cannot be easily answered. However, after carefully reviewing the rich collection of ideas gathered in this single issue, scholars and policy makers will gain a deeper understanding of the evolution of law and constitutional democracy.

Author : Anonim
Publisher : Unknown
Page : 1160 pages
File Size : 55,7 Mb
Release : 2007
Category : Philosophy
ISBN : UOM:39015066139067

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The Philosopher's Index by Anonim Pdf

Vols. for 1969- include a section of abstracts.

Author : New York University. Criminal Law Education and Research Center
Publisher : Manchester University Press
Page : 508 pages
File Size : 53,6 Mb
Release : 1991
Category : Jurisprudence
ISBN : 8210379456XXX

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Jurisprudence by New York University. Criminal Law Education and Research Center Pdf

Author : Anonim
Publisher : Unknown
Page : 582 pages
File Size : 44,9 Mb
Release : 2003
Category : Law
ISBN : UFL:30031002228210

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Michigan Law Review by Anonim Pdf

Author : Anonim
Publisher : Unknown
Page : 738 pages
File Size : 51,9 Mb
Release : 1858
Category : Law
ISBN : UCAL:B4235050

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The Journal of Jurisprudence by Anonim Pdf

Author : Anonim
Publisher : Unknown
Page : 908 pages
File Size : 48,8 Mb
Release : 2004
Category : Academic libraries
ISBN : STANFORD:36105122345395

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Choice by Anonim Pdf

Author : Anonim
Publisher : Unknown
Page : 418 pages
File Size : 51,5 Mb
Release : 2005
Category : Bibliography
ISBN : IND:30000111386714

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Current Publications in Legal and Related Fields by Anonim Pdf

Author : Anonim
Publisher : Unknown
Page : 1522 pages
File Size : 50,8 Mb
Release : 2007
Category : Electronic journals
ISBN : STANFORD:36105063745561

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The AALS Directory of Law Teachers by Anonim Pdf

Author : Anonim
Publisher : Unknown
Page : 1320 pages
File Size : 44,9 Mb
Release : 2006
Category : Law
ISBN : STANFORD:36105063988104

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Current Law Index by Anonim Pdf

Author : Giuliana Ziccardi Capaldo
Publisher : Oxford University Press
Page : 1012 pages
File Size : 44,5 Mb
Release : 2017-08-28
Category : Law
ISBN : 9780190848200

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The Global Community Yearbook Of International Law and Jurisprudence 2016 by Giuliana Ziccardi Capaldo Pdf

The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international tribunals specifically. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Global Community Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. The 2016 edition of The Global Community Yearbook both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook has established itself as an authoritative resource for research and guidance on the jurisprudence of U.N.-based tribunals and regional courts. The 2016 edition continues to provide expert coverage of the EU Court of Justice and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the Tribunals for the Former Yugoslavia and Rwanda, to economically based tribunals such as ICSID and the WTO Dispute Resolution panel, to human rights courts such as ECtHR and IACtHR. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists, such as the Editorial focusing on a new remedy for the violation of the jus cogens principle concerning the imprescriptibility of torture. This edition also includes expert introductory essays by prominent scholars in the realm of international law, on topics as diverse and current as the role of the WTO's Appellate Body in interpreting the TRIPS Agreement and an examination of the EU Court of Justice data protection framework in light of the EU Charter of Fundamental Rights. Researchers will find detailed guidance on a rich diversity of legal topics, from an examination of the processes under which transnational criminal law norms have been adopted and the process under which these norms have been globally implemented, to the impact post-conviction DNA testing has had on the criminal justice system in the United States. This edition also provides students, scholars, and practitioners a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates. This publication can also be purchased on a standing order basis.