Legal Theory And The Legal Academy

Author : MaksymilianDel Mar
Publisher : Routledge
Page : 435 pages
File Size : 46,7 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351560504

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Legal Theory and the Legal Academy by MaksymilianDel Mar Pdf

The third in a series of three volumes on Contemporary Legal Theory, this volume deals with four topics: 1) the role of legal theory in the legal curriculum; 2) the teaching of legal theory; 3) the relationship of legal theory to legal scholarship; and 4) the relationship of legal theory to comparative law. The focus of the first two topics is on the common law world, where the debates over the aims and proper place of legal theory in the study of law have traversed a good deal of ground since John Austin's 1828 lecture, 'The Uses and the Study of Jurisprudence.' These first two parts offer a selection of the most important papers, including surveys, as well as pedagogical viewpoints and particular course descriptions from analytical, critical, feminist, law-and-literature and global perspectives. The last three decades have seen just as many changes for legal scholarship and comparative law. These changes (such as the rise of empirical legal scholarship) have often attracted the attention of legal theorists. Within comparative law, the last thirty years have witnessed intense methodological reflection within the discipline; the results of these reflections are themselves properly recognised as legal theoretical contributions. The volume collects the key papers, including those by Neil MacCormick, Mark Van Hoecke, Andrew Halpin, William Ewald and Geoffrey Samuel.

Author : Dr Maksymilian Del Mar,Professor Paul Maharg,Professor Zenon Bankowski
Publisher : Ashgate Publishing, Ltd.
Page : 439 pages
File Size : 47,6 Mb
Release : 2013-01-28
Category : Law
ISBN : 9781472404466

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The Arts and the Legal Academy by Dr Maksymilian Del Mar,Professor Paul Maharg,Professor Zenon Bankowski Pdf

In Western culture, law is dominated by textual representation. Lawyers, academics and law students live and work in a textual world where the written word is law and law is interpreted largely within written and printed discourse. Is it possible, however, to understand and learn law differently? Could modes of knowing, feeling, memory and expectation commonly present in the Arts enable a deeper understanding of law's discourse and practice? If so, how might that work for students, lawyers and academics in the classroom, and in continuing professional development? Bringing together scholars, legal practitioners internationally from the fields of legal education, legal theory, theatre, architecture, visual and movement arts, this book is evidence of how the Arts can powerfully revitalize the theory and practice of legal education. Through discussion of theory and practice in the humanities and Arts, linked to practical examples of radical interventions, the chapters reveal how the Arts can transform educational practice and our view of its place in legal practice. Available in enhanced electronic format, the book complements The Moral Imagination and the Legal Life, also published by Ashgate.

Author : Zenon Bankowski,Maksymilian Del Mar,Paul Maharg
Publisher : Routledge
Page : 248 pages
File Size : 47,5 Mb
Release : 2016-04-01
Category : Law
ISBN : 9781317044383

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The Arts and the Legal Academy by Zenon Bankowski,Maksymilian Del Mar,Paul Maharg Pdf

In Western culture, law is dominated by textual representation. Lawyers, academics and law students live and work in a textual world where the written word is law and law is interpreted largely within written and printed discourse. Is it possible, however, to understand and learn law differently? Could modes of knowing, feeling, memory and expectation commonly present in the Arts enable a deeper understanding of law's discourse and practice? If so, how might that work for students, lawyers and academics in the classroom, and in continuing professional development? Bringing together scholars, legal practitioners internationally from the fields of legal education, legal theory, theatre, architecture, visual and movement arts, this book is evidence of how the Arts can powerfully revitalize the theory and practice of legal education. Through discussion of theory and practice in the humanities and Arts, linked to practical examples of radical interventions, the chapters reveal how the Arts can transform educational practice and our view of its place in legal practice. Available in enhanced electronic format, the book complements The Moral Imagination and the Legal Life, also published by Ashgate.

Author : Paweł Kwiatkowski,Marek Smolak
Publisher : BRILL
Page : 436 pages
File Size : 46,8 Mb
Release : 2021-02-08
Category : Philosophy
ISBN : 9789004448445

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Poznań School of Legal Theory by Paweł Kwiatkowski,Marek Smolak Pdf

This book grew out of the conviction that the original concepts of the Poznań School of Legal Theory are still perfectly suited for application today, in the era of moral pluralism and multicentric legal systems. Moreover, since we are in the midst of a period of heated disputes over the grounds of the normativity of law, and are confronting controversies about the basis for the legitimacy of court decisions, over the results of legal interpretation, and concerning the coherence of legal systems, it would seem that the legal-theoretical proposals put forward by the circle of Poznań legal theorists, supported as they are by firm methodological foundations, have not by any means lost their value.

Author : Jaakko Husa,Mark Van Hoecke
Publisher : Bloomsbury Publishing
Page : 278 pages
File Size : 45,5 Mb
Release : 2013-01-28
Category : Law
ISBN : 9781782250685

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Objectivity in Law and Legal Reasoning by Jaakko Husa,Mark Van Hoecke Pdf

Legal theorists consider their discipline as an objective endeavour in line with other fields of science. Objectivity in science is generally regarded as a fundamental condition, informing how science should be practised and how truths may be found. Objective scientists venture to uncover empirical truths about the world and ought to eliminate personal biases, prior commitments and emotional involvement. However, legal theorists are inevitably bound up with a given legal culture. Consequently, their scholarly work derives at least in part from this environment and their subtle interaction with it. This book questions critically, in novel ways and from various perspectives, the possibilities of objectivity of legal theory in the twenty-first century. It transpires that legal theory is unavoidably confronted with varying conceptions of law, underlying ideologies, approaches to legal method, argumentation and discourse etc, which limit the possibilities of 'objectivity' in law and in legal reasoning. The authors of this book reveal some of these underlying notions and discuss their consequences for legal theory.

Author : Ulrike Schultz,Gisela Shaw,Margaret Thornton,Rosemary Auchmuty
Publisher : Bloomsbury Publishing
Page : 592 pages
File Size : 53,6 Mb
Release : 2021-02-25
Category : Law
ISBN : 9781509923137

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Gender and Careers in the Legal Academy by Ulrike Schultz,Gisela Shaw,Margaret Thornton,Rosemary Auchmuty Pdf

In the past fifteen years there has been a marked increase in the international scholarship relating to women in law. The lives and careers of women in legal practice and the judiciary have been extensively documented and critiqued, but the central conundrum remains: Does the presence of women make a difference? What has been largely overlooked in the literature is the position of women in the legal academy, although central to the changing culture. To remedy the oversight, an international network of scholars embarked on a comparative study, which resulted in this path-breaking book. The contributors uncover fascinating accounts of the careers of the academic pioneers as well as exploring broader theoretical issues relating to gender and culture. The provocative question as to whether the presence of women makes a difference informs each contribution.

Author : Visa AJ Kurki
Publisher : Oxford University Press
Page : 240 pages
File Size : 53,7 Mb
Release : 2019-08-13
Category : Law
ISBN : 9780192582324

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A Theory of Legal Personhood by Visa AJ Kurki Pdf

Who, or what, is a 'person' according to the law? How did this understanding of personhood come about? In the twenty-first century, environmentalism, animal rights, artificial intelligence, and corporate personhood have compelled us to consider these questions once again. Legal personhood is a foundational concept of Western legal thought and A Theory of Legal Personhood seeks to go beyond contemporary debates, challenging our very understanding of legal personhood itself. Drawing on extensive research, scholarship, legislation, and court cases from around the globe, this book offers readers — with or without previous knowledge — new insights into legal personhood. It scrutinizes how personhood came to be understood synonymously with the holding of legal rights. It then posits that a better understanding of legal personhood is as a cluster property. Finally, it applies this new theory to explain and structure the numerous debates surrounding legal personhood.

Author : Mauro Zamboni
Publisher : Bloomsbury Publishing
Page : 222 pages
File Size : 55,7 Mb
Release : 2007-11-19
Category : Law
ISBN : 9781847313898

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The Policy of Law by Mauro Zamboni Pdf

The book focuses on the relationship between law and politics as perceived by the legal community and more specifically, the transformation of politics into law. After exploring the relationship between law and politics as considered by the major modern schools of legal theory, the focus moves to the regions of interaction in which law and politics meet, termed the "policy of law." The policy of law is characterized in this work as the stage of the law-making process at which values entrenched in political decisions are transformed into legal concepts in order to fit the existing legal system. The space labeled as policy of law is today mainly (but not exclusively) the domain of legal actors. Consequently, the identification of a branch of the legal discipline specifically devoted to the investigation of the transformations of values into law is given: the policy of law analysis. Finally, whether and to what extent the policy of law analysis can be encompassed within the traditional legal discipline and, more particularly, as a part of jurisprudence, is explored. "Zamboni ranges broadly and knowledgeably over vast areas of legal theory. But it is no mere taxonomising - his argument is valuable and original. It is clear, learned and never boring." [Zenon Bankowski, University of Edinburgh].

Author : Paul Baumgardner
Publisher : Springer Nature
Page : 117 pages
File Size : 46,7 Mb
Release : 2021-09-08
Category : Political Science
ISBN : 9783030823788

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Critical Legal Studies and the Campaign for American Law Schools by Paul Baumgardner Pdf

Recent political science research into the American legal academy has been ‘captured by conservatism’—this research has framed the institutional and ideological developments occurring within the law schools over the past forty years solely through the prism of modern conservatism. As a result, political scientists have ignored the political struggles of one of the most important legal reform movements of the 1980s and overlooked the hope for leftist reform that existed within American law schools during this period. Critical Legal Studies and the Campaign for American Law Schools tells the story of the critical legal studies movement. This formidable movement sought to fundamentally reconstruct law schools, train a new generation of leftist lawyers, and replace the dominant form of legal consciousness governing the American legal system. Instead of projecting a fatalism onto leftist reform, this book relies on extensive archival research and interviews to illuminate the radical potential that lived in the American legal academy of the 1980s. The critical legal studies movement was a towering presence in the law schools, and its legacy continues to hold out political possibilities and reform lessons for leftist legal scholars today.

Author : Mark van Hoecke
Publisher : Unknown
Page : 398 pages
File Size : 45,5 Mb
Release : 2004
Category : Comparative law
ISBN : 1472559584

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Epistemology and Methodology of Comparative Law by Mark van Hoecke Pdf

Author : James R Hackney
Publisher : NYU Press
Page : 257 pages
File Size : 45,5 Mb
Release : 2012-08-03
Category : Law
ISBN : 9780814763889

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Legal Intellectuals in Conversation by James R Hackney Pdf

In this unique volume, James Hackney invites readers to enter the minds of 10 legal experts that in the late 20th century changed the way we understand and use theory in law today. True to the title of the book, Hackney spent hours in conversation with legal intellectuals, interviewing them about their early lives as thinkers and scholars, their contributions to American legal theory, and their thoughts regarding some fundamental theoretical questions in legal academe, particularly the law/politics debate. Legal Intellectuals in Conversation is a veritable “Who’s Who” of legal thought, presented in a sophisticated yet intimate manner.

Author : Hanoch Dagan
Publisher : Oxford University Press
Page : 256 pages
File Size : 49,9 Mb
Release : 2013-09-19
Category : Law
ISBN : 9780199399130

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Reconstructing American Legal Realism & Rethinking Private Law Theory by Hanoch Dagan Pdf

In the myriad choices of interpretation judges face when confronted with rules and cases, legal realists are concerned with how these doctrinal materials carry over into judicial outcomes. What can explain past judicial behavior and predict its future course? How can law constrain judgments made by unelected judges? How can the distinction between law and politics be maintained despite the collapse of law's autonomy in its positivist rendition? In Reconstructing American Legal Realism & Rethinking Private Law Theory, Hanoch Dagan provides an innovative and useful interpretation of legal realism. He revives the legal realists' rich account of law as a growing institution accommodating three sets of constitutive tensions-power and reason, science and craft, and tradition and progress-and demonstrates how the major claims attributed to legal realism fit into this conception of law. Dagan seeks to rein in realist descendants who have become fixated on one aspect of the big picture, and to dispel the misconceptions that those gone astray represent the tradition accurately or that realism is now merely a historical signpost. He draws upon the realist texts of Oliver Wendell Holmes, Karl Llewellyn, and others to explain how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory. Building on this realist conception of law and enriching its texture, Dagan addresses more particular jurisprudential questions. He shows that the realist achievement in capturing law's irreducible complexity is crucial to the reinvigoration of legal theory as a distinct scholarly subject matter, and is also inspiring for a host of other, more specific theoretical topics, such as the rule of law, the autonomy and taxonomy of private law, the relationships between rights and remedies, and the pluralism and perfectionism that typify private law.

Author : Alexander Somek
Publisher : Bloomsbury Publishing
Page : 192 pages
File Size : 51,6 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 : Drucilla Cornell,Michel Rosenfeld,David Gray Carlson
Publisher : Routledge
Page : 382 pages
File Size : 53,9 Mb
Release : 2014-02-25
Category : Philosophy
ISBN : 9781317857327

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Hegel and Legal Theory by Drucilla Cornell,Michel Rosenfeld,David Gray Carlson Pdf

The first collection of essays directed towards jurisprudence with a Hegelian theme. The editors are committed to the idea that Hegel is the future source of great energy and insight within the legal academy.

Author : Robin West
Publisher : Cambridge University Press
Page : 257 pages
File Size : 52,9 Mb
Release : 2014
Category : Education
ISBN : 9781107044531

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Teaching Law by Robin West Pdf

This book suggests reforms to improve legal education and responds to concerns that law schools eschew the study of justice.