Modern Legal Theory

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Modern Legal Theory & Judicial Impartiality

Author : Ofer Raban
Publisher : Taylor & Francis
Page : 132 pages
File Size : 50,6 Mb
Release : 2012-09-10
Category : Law
ISBN : 9781135311315

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Modern Legal Theory & Judicial Impartiality by Ofer Raban Pdf

This book argues that at the core of legal philosophys principal debates there is essentially one issue judicial impartiality. Keeping this issue to the forefront, Raban's approach sheds much light on many difficult and seemingly perplexing jurisprudential debates. Modern Legal Theory and Judicial Impartiality offers a fresh and penetrating examination of two of the most celebrated modern legal theorists: HLA Hart and Ronald Dworkin. The book explains the relations between these two scholars and other theorists and schools of thought (including Max Weber, Lon Fuller, and the law and economics movement), offering both novices and experts an innovative and lucid look at modern legal theory. The book is written in an engaging and conversational style, tackling highly sophisticated issues in a concise and accessible manner. Undergraduates in jurisprudence and legal theory, as well as more advanced readers, will find it clear and challenging.

Research Handbook on Modern Legal Realism

Author : Shauhin Talesh,Elizabeth Mertz,Heinz Klug
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 43,8 Mb
Release : 2021-03-26
Category : Law
ISBN : 9781788117777

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Research Handbook on Modern Legal Realism by Shauhin Talesh,Elizabeth Mertz,Heinz Klug Pdf

This insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law. It explores an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with and examination of how different social science disciplines intersect with NLR.

The Defence of Natural Law

Author : Charles Covell
Publisher : Springer
Page : 298 pages
File Size : 54,6 Mb
Release : 2016-07-27
Category : Philosophy
ISBN : 9781349223596

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The Defence of Natural Law by Charles Covell Pdf

The Defence of Natural Law comprises a study of the philosophies of law expounded by Lon L. Fuller, Michael Oakeshott, F.A. Hayek, Ronald Dworkin and John Finnis. The work of these theorists is situated in relation to the modern tradition in legal philosophy. In this way, it is demonstrated that the theorists adhered closely to the natural law standpoint in legal philosophy, while also defending the particular view of the proper functions of law and the state that distinguished the tradition of modern liberalism.

Modern Legal Theory

Author : Stephen C. Hicks
Publisher : Fred B Rothman & Company
Page : 385 pages
File Size : 42,8 Mb
Release : 1998-01-01
Category : Law
ISBN : 0837706882

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Modern Legal Theory by Stephen C. Hicks Pdf

This book of readings was designed for an introductory course in the theory of modern, Western law. The materials mine the depths of history, philosophy, politics, & ethics to bring to view a certain story of the present, past & future condition of modern Western legal theory, namely that "modern" legal theory is reaching its end with the new millennium.

Modern Legal Theory and Judicial Impartiality

Author : Ofer Raban
Publisher : Routledge
Page : 124 pages
File Size : 42,7 Mb
Release : 2003
Category : Law
ISBN : 1904385079

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Modern Legal Theory and Judicial Impartiality by Ofer Raban Pdf

This book argues that at the core of legal philosophys principal debates there is essentially one issue judicial impartiality. Keeping this issue to the forefront, Raban's approach sheds much light on many difficult and seemingly perplexing jurisprudential debates. Modern Legal Theory and Judicial Impartiality offers a fresh and penetrating examination of two of the most celebrated modern legal theorists: HLA Hart and Ronald Dworkin. The book explains the relations between these two scholars and other theorists and schools of thought (including Max Weber, Lon Fuller, and the law and economics movement), offering both novices and experts an innovative and lucid look at modern legal theory. The book is written in an engaging and conversational style, tackling highly sophisticated issues in a concise and accessible manner. Undergraduates in jurisprudence and legal theory, as well as more advanced readers, will find it clear and challenging.

Modern Legal Interpretation

Author : Marko Novak,Vojko Strahovnik
Publisher : Cambridge Scholars Publishing
Page : 203 pages
File Size : 50,6 Mb
Release : 2019-01-24
Category : Law
ISBN : 9781527527041

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Modern Legal Interpretation by Marko Novak,Vojko Strahovnik Pdf

Legalism or legal formalism usually depicts judges as resolving cases by allegedly merely applying pre-existing legal rules. They do not seem to legislate, exercise discretion, balance or pursue policies, and they definitely do not look outside of conventional legal texts for guidance in deciding new cases. For them, the law is an autonomous domain of knowledge and technique. What they follow are the maxims of clarity, determinacy, and coherence of law. This perception of law and adjudication is sometimes designated as “an orthodox lawyering”. However, at least in certain cases, it is very difficult to say that legalism is not an inappropriate theory or a method of legal interpretation. Different theories have attested that legal interpretation is much more than just legalism, which appears to be far too naïve. In the framework of modern legal interpretation, the following questions can be raised. Is it possible to integrate legalism in a coherent theory of legal interpretation? Is legalism as a distinctive theory of legal interpretation still a feasible theory of interpretation? How can such a formalist approach withstand a critique from Dworkinian moral interpretivism or accusations of being a myth, masking political preferences from legal realists? These and many other issues about legal interpretation are discussed in this book by prominent legal philosophers and legal theorists.

Legal Theories

Author : Marett Leiboff,Mark Thomas
Publisher : Unknown
Page : 128 pages
File Size : 55,5 Mb
Release : 2014
Category : Electronic
ISBN : 0455242534

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Legal Theories by Marett Leiboff,Mark Thomas Pdf

The Politics of Jurisprudence

Author : Roger B. M. Cotterrell
Publisher : University of Pennsylvania Press
Page : 300 pages
File Size : 52,6 Mb
Release : 1992
Category : Law
ISBN : 0812213939

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The Politics of Jurisprudence by Roger B. M. Cotterrell Pdf

Selected byChoice magazine as an Outstanding Academic Title

Modern Legal Theory & Judicial Impartiality

Author : Ofer Raban
Publisher : Routledge
Page : 150 pages
File Size : 44,7 Mb
Release : 2012-09-10
Category : Law
ISBN : 9781135311308

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Modern Legal Theory & Judicial Impartiality by Ofer Raban Pdf

This book argues that at the core of legal philosophys principal debates there is essentially one issue judicial impartiality. Keeping this issue to the forefront, Raban's approach sheds much light on many difficult and seemingly perplexing jurisprudential debates. Modern Legal Theory and Judicial Impartiality offers a fresh and penetrating examination of two of the most celebrated modern legal theorists: HLA Hart and Ronald Dworkin. The book explains the relations between these two scholars and other theorists and schools of thought (including Max Weber, Lon Fuller, and the law and economics movement), offering both novices and experts an innovative and lucid look at modern legal theory. The book is written in an engaging and conversational style, tackling highly sophisticated issues in a concise and accessible manner. Undergraduates in jurisprudence and legal theory, as well as more advanced readers, will find it clear and challenging.

The Theory of Justice

Author : Rudolf Stammler
Publisher : The Lawbook Exchange, Ltd.
Page : 634 pages
File Size : 41,7 Mb
Release : 2000
Category : Jurisprudence
ISBN : 9781584770664

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The Theory of Justice by Rudolf Stammler Pdf

Here the noted German philosopher disputes the historical and natural schools of jurisprudence and advocates a philosophical approach to law. In addition to Stammler's text, the volume includes the translator's introduction which outlines the basis of Stammler's theory, an appendix which contains an essay on Stammler's critical system by Francois Geny and "Stammler and his Critics" by John C.H. Wu.

Postmodern Legal Movements

Author : Gary Minda
Publisher : NYU Press
Page : 363 pages
File Size : 48,5 Mb
Release : 1996-05-01
Category : Law
ISBN : 9780814761014

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Postmodern Legal Movements by Gary Minda Pdf

A wide-ranging and comprehensive survey of modern legal scholarship and the evolution of law in America What do Catharine MacKinnon, the legacy of Brown v. Board of Education, and Lani Guinier have in common? All have, in recent years, become flashpoints for different approaches to legal reform. In the last quarter century, the study and practice of law have been profoundly influenced by a number of powerful new movements; academics and activists alike are rethinking the interaction between law and society, focusing more on the tangible effects of law on human lives than on its procedural elements. In this wide-ranging and comprehensive volume, Gary Minda surveys the current state of legal scholarship and activism, providing an indispensable guide to the evolution of law in America.

Legal Modernism

Author : David Luban
Publisher : University of Michigan Press
Page : 424 pages
File Size : 47,9 Mb
Release : 1997-09-26
Category : Law
ISBN : 0472084399

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Legal Modernism by David Luban Pdf

A critique and defense of modern legal theory

Law and Politics

Author : Mauro Zamboni
Publisher : Springer Science & Business Media
Page : 171 pages
File Size : 49,7 Mb
Release : 2007-10-25
Category : Law
ISBN : 9783540739265

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Law and Politics by Mauro Zamboni Pdf

This book reconstructs and classifies, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether and how law relates to politics. It presents a possible explanation as to why different legal theories, though often reaching diametric results, somehow must still begin from common basic points.

The Concept of Law

Author : Herbert Lionel Adolphus Hart
Publisher : Unknown
Page : 263 pages
File Size : 53,5 Mb
Release : 1986
Category : Jurisprudence
ISBN : OCLC:15927021

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The Concept of Law by Herbert Lionel Adolphus Hart Pdf

The Modern Legal Philosophy Series...

Author : Anonim
Publisher : Unknown
Page : 448 pages
File Size : 42,5 Mb
Release : 1914
Category : Law
ISBN : UOM:39015009044481

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The Modern Legal Philosophy Series... by Anonim Pdf