Evolution And Revolution In Theories Of Legal Reasoning

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The Philosophy of Legal Reasoning

Author : Anonim
Publisher : Taylor & Francis
Page : 128 pages
File Size : 53,8 Mb
Release : 1998
Category : Judicial process
ISBN : 0815326580

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The Philosophy of Legal Reasoning by Anonim Pdf

The Philosophy of Legal Reasoning

Author : Scott Brewer
Publisher : Routledge
Page : 2048 pages
File Size : 46,9 Mb
Release : 1998
Category : Law
ISBN : 0815326548

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The Philosophy of Legal Reasoning by Scott Brewer Pdf

Available individually by volume 1. Logic, Probability, and Presumption in Legal Reasoning (0-8153-2655-6) 416 pages 2. Precedents, Statutes, and Analysis of Legal Concepts (0-8153-2656-4) 400 pages 3. Moral Theory and Legal Reasoning (0-8153-2657-2) 408 pages 4. Evolution and Revolution in Theories of Legal Reasoning (0-8153-2658-0) 400 pages 5. Scientific Models of Legal Reasoning (0-8153-2757-9) 424 pages

Moral Theory and Legal Reasoning

Author : Scott Brewer
Publisher : Taylor & Francis
Page : 404 pages
File Size : 44,8 Mb
Release : 1998
Category : Judicial process
ISBN : 0815326572

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Moral Theory and Legal Reasoning by Scott Brewer Pdf

Critical Theory of Legal Revolutions

Author : Hauke Brunkhorst
Publisher : Bloomsbury Publishing USA
Page : 481 pages
File Size : 52,7 Mb
Release : 2014-06-19
Category : Political Science
ISBN : 9781441102492

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Critical Theory of Legal Revolutions by Hauke Brunkhorst Pdf

This unique work analyzes the crisis in modern society, building on the ideas of the Frankfurt School thinkers. Emphasizing social evolution and learning processes, it argues that crisis is mediated by social class conflicts and collective learning, the results of which are embodied in constitutional and public law. First, the work outlines a new categorical framework of critical theory in which it is conceived as a theory of crisis. It shows that the Marxist focus on economy and on class struggle is too narrow to deal with the range of social conflicts within modern society, and posits that a crisis of legitimization is at the core of all crises. It then discusses the dialectic of revolutionary and evolutionary developmental processes of modern society and its legal system. This volume in the Critical Theory and Contemporary Society by a leading scholar in the field provides a new approach to critical theory that will appeal to anyone studying political sociology, political theory, and law.

Legal Reasoning and Legal Theory

Author : Neil MacCormick
Publisher : Clarendon Press
Page : 322 pages
File Size : 55,7 Mb
Release : 1994-08-11
Category : Law
ISBN : 9780191018596

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Legal Reasoning and Legal Theory by Neil MacCormick Pdf

What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.

Scientific Models of Legal Reasoning

Author : Scott Brewer
Publisher : Routledge
Page : 424 pages
File Size : 44,9 Mb
Release : 2013-10-28
Category : Philosophy
ISBN : 9781136524837

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Scientific Models of Legal Reasoning by Scott Brewer Pdf

First published in 1998. This five-volume series contains some of this century's most influential or thought provoking articles on the subject of legal argument that have appeared in Anglo-American philosophy journals and law reviews. This volume offers a collection of essays by philosophers and legal scholars on economics, artificial intelligence and the physical sciences.

Logic, Probability, and Presumptions in Legal Reasoning

Author : Scott Brewer
Publisher : Routledge
Page : 416 pages
File Size : 53,6 Mb
Release : 2013-06-17
Category : Philosophy
ISBN : 9781135642747

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Logic, Probability, and Presumptions in Legal Reasoning by Scott Brewer Pdf

At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.

Revolution and Evolution in Private Law

Author : Andrew Robertson,Sarah Worthington,Graham Virgo
Publisher : Unknown
Page : 340 pages
File Size : 50,8 Mb
Release : 2018
Category : Civil law
ISBN : 1509913270

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Revolution and Evolution in Private Law by Andrew Robertson,Sarah Worthington,Graham Virgo Pdf

Fundamentals of Legal Argumentation

Author : Eveline T. Feteris
Publisher : Springer
Page : 361 pages
File Size : 41,7 Mb
Release : 2017-07-10
Category : Philosophy
ISBN : 9789402411294

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Fundamentals of Legal Argumentation by Eveline T. Feteris Pdf

This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, Artificial Intelligence and law, and the pragma-dialectical theory of legal argumentation. Furthermore it provides an extensive and systematic overview of approaches and studies of legal argumentation in the context of legal justification in various legal systems and countries that have been important for the development of research of legal argumentation. The book contains a discussion of influential theories that conceive the law and legal justification as argumentative activity. From different disciplinary and theoretical angles it addresses such topics as the institutional characteristics of the law and the relation between general standards for moral discussions and legal standards such as the Rule of Law. It discusses patterns of legal justification in the context of different types of problems in the application of the law and it describes rules for rational legal discussions. The combination of the sound basis of the first edition and the discussions of new developments make this new edition an up-to-date and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as major approaches and trends in the contemporary research. It surveys the relevant theoretical factors both from various continental law traditions and common law countries.

Revolutions in Law and Legal Thought

Author : Zenon Bankowski
Publisher : Mercat Press Books
Page : 232 pages
File Size : 46,5 Mb
Release : 1991
Category : History
ISBN : STANFORD:36105044526122

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Revolutions in Law and Legal Thought by Zenon Bankowski Pdf

Law as Culture

Author : Kathy Laster
Publisher : Federation Press
Page : 436 pages
File Size : 52,8 Mb
Release : 2001
Category : Law
ISBN : 186287350X

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Law as Culture by Kathy Laster Pdf

Law as Culture is a beguilingly accessible, lively and engaging introduction to the law and to legal skills, complete with innovative skills exercises and even some cartoons. It gives the reader a framework for subsequent legal study and for professional life by demystifying the language and culture of the law and by building legal skills. The Extracts, Preface to the 2nd edn and Skills Inventory (below, link above), clearly outline the many strengths of this edition. The book shows how law students are socialised into professional legal culture, and encourages independent thought. It highlights the ways in which law reflects social values and priorities, the place of law as one among many systems of social organisation and problem-solving, and the rise of lawyers as a subculture. This edition has been extensively revised to take account of developments in law such as the results of the 1999 Referendum on the Republic, the debates about a Bill of Rights for Australia, and changes to legal professional practice. The jurisdictional reach has been extended to look at cases and legislation from all Australian States. Black/White relations has been introduced as a recurring theme - materials on Aboriginal Reconciliation, the Wik judgment and the legal and political debate over the Stolen Generations give continuity and perspective. Law as Culture includes clear and accessible accounts of key jurisprudential issues and an extended introduction which sets out the pedagogical assumptions. There are cases and legislation from all Australian States, thorough referencing, and an annotated list of Further Reading in each chapter.

The Empirical Gap in Jurisprudence

Author : Daved Muttart
Publisher : University of Toronto Press
Page : 281 pages
File Size : 51,9 Mb
Release : 2007-01-01
Category : Law
ISBN : 9780802091598

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The Empirical Gap in Jurisprudence by Daved Muttart Pdf

Daved Muttart has made a systematic study encompassing every judgment of the Supreme Court of Canada between 1950 and 2003. Muttart uses the results of this systematic examination to test the validity of extant jurisprudential theories.

Precedents, Statutes, and Analysis of Legal Concepts

Author : Scott Brewer
Publisher : Routledge
Page : 401 pages
File Size : 47,6 Mb
Release : 2013-06-17
Category : Philosophy
ISBN : 9781135643027

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Precedents, Statutes, and Analysis of Legal Concepts by Scott Brewer Pdf

At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.

The Trust Revolution

Author : M.Todd Henderson,Salen Churi
Publisher : Cambridge University Press
Page : 235 pages
File Size : 48,6 Mb
Release : 2019-08-15
Category : Business & Economics
ISBN : 9781108494236

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The Trust Revolution by M.Todd Henderson,Salen Churi Pdf

Traces the history of innovation and trust, demonstrating how the Internet offers new ways to rehabilitate and strengthen trust.