Legal Theory

Author : Ward Farnsworth
Publisher : University of Chicago Press
Page : 714 pages
File Size : 41,9 Mb
Release : 2024-05-31
Category : Law
ISBN : 9780226238364

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The Legal Analyst by Ward Farnsworth Pdf

There are two kinds of knowledge law school teaches: legal rules on the one hand, and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law. From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples. The Legal Analyst is an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.

Author : Nancy Levit,Robert R.M. Verchick,Martha Minow
Publisher : NYU Press
Page : 299 pages
File Size : 47,7 Mb
Release : 2016-01-15
Category : Social Science
ISBN : 9781479882809

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Feminist Legal Theory (Second Edition) by Nancy Levit,Robert R.M. Verchick,Martha Minow Pdf

"In the completely updated second edition of this outstanding primer, Nancy Levit and Robert R.M. Verchick introduce the diverse strands of feminist legal theory and discuss an array of substantive legal topics, pulling in recent court decisions, new laws, and important shifts in culture and technology. The book centers on feminist legal theories, including equal treatment theory, cultural feminism, dominance theory, critical race feminism, lesbian feminism, postmodern feminism, and ecofeminism. Readers will find new material on women in politics, gender and globalization, and the promise and danger of expanding social media. Updated statistics and empirical analysis appear throughout. At its core, Feminist Legal Theory shows the importance of the roles of law and feminist legal theory in shaping contemporary gender issues"--Unedited summary from book cover.

Author : Richard A. Posner
Publisher : Harvard University Press
Page : 338 pages
File Size : 42,8 Mb
Release : 2009-06-01
Category : Law
ISBN : 0674042239

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The Problematics of Moral and Legal Theory by Richard A. Posner Pdf

Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.

Author : Thom Brooks
Publisher : BRILL
Page : 348 pages
File Size : 55,7 Mb
Release : 2013-11-07
Category : Philosophy
ISBN : 9789004262935

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Law and Legal Theory by Thom Brooks Pdf

What is the relation between law and democracy and how might it be improved? What values should inform the body of laws that govern us all? How should we determine crimes from non-crimes? What justifies state punishment, if anything? Law and Legal Theory brings together some of the most important essays in the area of the philosophy of law written by leading, international scholars and offering significant contributions to how we understand law and legal theory to help shape future debates. Contributors include Christopher Bennett, Samantha Besson, Thom Brooks, Brian Butler, Sean Coyle, Rowan Cruft, Leonard Kahn, Richard Lippke, Andrew March, Matt Matravers, Adina Preda, Maria Cristina Redondo, Hanoch Sheinman and Leo Zaibert.

Author : Naomi Creutzfeldt,Marc Mason,Kirsten McConnachie
Publisher : Routledge
Page : 566 pages
File Size : 45,7 Mb
Release : 2019-08-13
Category : Law
ISBN : 9780429489747

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Routledge Handbook of Socio-Legal Theory and Methods by Naomi Creutzfeldt,Marc Mason,Kirsten McConnachie Pdf

Drawing on a range of approaches from the social sciences and humanities, this handbook explores theoretical and empirical perspectives that address the articulation of law in society, and the social character of the rule of law. The vast field of socio-legal studies provides multiple lenses through which law can be considered. Rather than seeking to define the field of socio-legal studies, this book takes up the experiences of researchers within the field. First-hand accounts of socio-legal research projects allow the reader to engage with diverse theoretical and methodological approaches within this fluid interdisciplinary area. The book provides a rich resource for those interested in deepening their understanding of the variety of theories and methods available when law is studied in its broadest social context, as well as setting those within the history of the socio-legal movement. The chapters consider multiple disciplinary lenses – including feminism, anthropology and sociology – as well as a variety of methodologies, including: narrative, visual and spatial, psychological, economic and epidemiological approaches. Moreover, these are applied in a range of substantive contexts such as online hate speech, environmental law, biotechnology, research in post-conflict situations, race and LGBT+ lawyers. The handbook brings together younger contributors and some of the best-known names in the socio-legal field. It offers a fresh perspective on the past, present and future of sociolegal studies that will appeal to students and scholars with relevant interests in a range of subjects, including law, sociology and politics. Chapter 7 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Author : Emilios Christodoulidis,Ruth Dukes,Marco Goldoni
Publisher : Edward Elgar Publishing
Page : 560 pages
File Size : 41,7 Mb
Release : 2019
Category : Law
ISBN : 9781786438898

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Research Handbook on Critical Legal Theory by Emilios Christodoulidis,Ruth Dukes,Marco Goldoni Pdf

Critical theory, characteristically linked with the politics of theoretical engagement, covers the manifold of the connections between theory and praxis. This thought-provoking Research Handbook captures the broad range of those connections as far as legal thought is concerned and retains an emphasis both on the politics of theory, and on the notion of theoretical engagement. The first part examines the question of definition and tracks the origins and development of critical legal theory along its European and North American trajectories. The second part looks at the thematic connections between the development of legal theory and other currents of critical thought such as; Feminism, Marxism, Critical Race Theory, varieties of post-modernism, as well as the various ‘turns’ (ethical, aesthetic, political) of critical legal theory. The third and final part explores particular fields of law, addressing the question how the field has been shaped by critical legal theory, or what critical approaches reveal about the field, with the clear focus on opportunities for social transformation.

Author : Verena Klappstein,Maciej Dybowski
Publisher : Springer Nature
Page : 274 pages
File Size : 49,9 Mb
Release : 2022-01-03
Category : Law
ISBN : 9783030838416

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Theory of Legal Evidence - Evidence in Legal Theory by Verena Klappstein,Maciej Dybowski Pdf

This book addresses theoretical problems concerning legal evidence. The concept of evidence is expected to fulfill a number of distinct roles in science and philosophy, but also in legal theory and law, some of which are complementary, while others are conflicting. In their profession, lawyers have to deal with evidence and proof. Yet the legal concept of evidence is constantly changing, and the debate concerning the distinction between a legal concept of evidence, the ordinary concept of evidence and the concept of evidence in science is far from being settled. What is more, the problem of evidence is central to both epistemology and the philosophy of science, and by extension to our academic thinking on law. In short, legal theorists’ interest in evidence may include such diverse objects as a bloody knife, sensory data, linguistic entities or psychologically recognized beliefs. The book surveys selected theoretical roles that the concept of evidence plays and explores their relations and interconnections. The content is divided into three parts, investigating: (1) evidence in epistemology and the philosophy of science, which focuses on evidence methodologies and the problem of proof in legal scholarship; (2) evidence in legal theory and legal philosophy, where particular attention is paid to the interplay between evidence, legal reasoning and the binding force of such reasoning; and (3) evidence in law, where theoretical problems pertaining to witnesses, expert opinions, explanations of the accused, statistical evidence and neuroscientific evidence are examined.

Author : Katherine Bartlett
Publisher : Routledge
Page : 724 pages
File Size : 49,7 Mb
Release : 2018-02-19
Category : Social Science
ISBN : 9780429980114

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Feminist Legal Theory by Katherine Bartlett Pdf

This book offers powerful analyses of the relationship between law and gender and new understandings of the limits of, and opportunities for, legal reform drawn from the experiences of women and from critical perspectives developed within other disciplines.

Author : Neil MacCormick
Publisher : Clarendon Press
Page : 322 pages
File Size : 42,9 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.

Author : Oche Onazi
Publisher : Springer Science & Business Media
Page : 297 pages
File Size : 46,5 Mb
Release : 2013-11-26
Category : Law
ISBN : 9789400775374

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African Legal Theory and Contemporary Problems by Oche Onazi Pdf

The book is a collection of essays, which aim to situate African legal theory in the context of the myriad of contemporary global challenges; from the prevalence of war to the misery of poverty and disease to the crises of the environment. Apart from being problems that have an indelible African mark on them, a common theme that runs throughout the essays in this book is that African legal theory has been excluded, under-explored or under-theorised in the search for solutions to such contemporary problems. The essays make a modest attempt to reverse this trend. The contributors investigate and introduce readers to the key issues, questions, concepts, impulses and problems that underpin the idea of African legal theory. They outline the potential offered by African legal theory and open up its key concepts and impulses for critical scrutiny. This is done in order to develop a better understanding of the extent to which African legal theory can contribute to discourses seeking to address some of the challenges that confront African and non-African societies alike.

Author : Ian Ward
Publisher : Routledge
Page : 218 pages
File Size : 43,6 Mb
Release : 2012-10-02
Category : Law
ISBN : 9781136997815

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Introduction to Critical Legal Theory by Ian Ward Pdf

Introduction to Critical Legal Theory provides an accessible introduction to the study of law and legal theory. It covers all the seminal movements in classical, modern and postmodern legal thought, engaging the reader with the ideas of jurists as diverse as Aristotle, Hobbes and Kant, Marx, Foucault and Dworkin. At the same time, it impresses the interdisciplinary nature of critical legal thought, introducing the reader to the philosophy, the economics and the politics of law. This new edition focuses even more intently upon the narrative aspect of critical legal thinking and the re-emergence of a distinctive legal humanism, as well as the various related challenges posed by our 'new' world order. Introduction to Critical Theory is a comprehensive text for both students and teachers of legal theory, jurisprudence and related subjects.

Author : Emmanuel Gaillard
Publisher : BRILL
Page : 204 pages
File Size : 41,7 Mb
Release : 2010-05-03
Category : Law
ISBN : 9789004187153

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Legal Theory of International Arbitration by Emmanuel Gaillard Pdf

The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.

Author : Richard A. Posner
Publisher : Harvard University Press
Page : 474 pages
File Size : 47,9 Mb
Release : 2004-03
Category : Business & Economics
ISBN : 0674013603

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Frontiers of Legal Theory by Richard A. Posner Pdf

The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.

Author : Alexander Somek
Publisher : Bloomsbury Publishing
Page : 192 pages
File Size : 48,8 Mb
Release : 2021-08-26
Category : Law
ISBN : 9781509951314

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Knowing What the Law Is by Alexander Somek Pdf

This book provides a selective and somewhat cheeky account of prominent positions in legal theory, such as American legal realism, modern legal positivism, sociological systems theory, institutionalism and critical legal studies. It presents a relational approach to law and a new perspective on legal sources. The book explores topics of legal theory in a playful manner. It is written and composed in a way that refutes the widespread prejudice that legal theory is a dreary subject, with a cast of characters that occasionally interact in order to illustrate the claims of the book. Legal experts claim to know what the law is. Legal theory-or jurisprudence-explores whether such claims are warranted. The discipline first emerged at the turn of the 20th century, when the self-confidence of both legal scholarship and judicial craftsmanship became severely shattered, but the crisis continues to this day.

Author : Mark Van Hoecke
Publisher : Unknown
Page : 146 pages
File Size : 50,7 Mb
Release : 1985
Category : Jurisprudence
ISBN : 9033411598

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What is Legal Theory ? by Mark Van Hoecke Pdf