On Philosophy In American Law

Author : Francis J. Mootz III
Publisher : Cambridge University Press
Page : 311 pages
File Size : 42,9 Mb
Release : 2009-03-23
Category : Law
ISBN : 9781139478854

Get Book

On Philosophy in American Law by Francis J. Mootz III Pdf

In recent years, there has been tremendous growth of interest in the connections between law and philosophy, but the diversity of approaches that claim to be working at the intersection of these disciplines might suggest that this area of inquiry is so fractured as to be incoherent. This volume gathers leading scholars to provide focused and straightforward articulations of the role that philosophy might play at this juncture of the history of American legal thought. It marks the seventy-fifth anniversary of Karl Llewellyn's essay 'On Philosophy in American Law' in which he rehearsed the broad development of American jurisprudence, diagnosed its contemporary failings and then charted a productive path opened by the variegated scholarship that claimed to initiate a realistic approach to law and legal theory. It is written in the spirit of Llewellyn's article: they are succinct and direct arguments about the potential for bringing law and philosophy together.

Author : Larry May,Jeff Brown
Publisher : John Wiley & Sons
Page : 649 pages
File Size : 48,8 Mb
Release : 2009-05-18
Category : Philosophy
ISBN : 9781405183888

Get Book

Philosophy of Law by Larry May,Jeff Brown Pdf

Philosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices. Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization Features concrete examples in the form of cases significant to the evolution of law Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory

Author : Roscoe Pound
Publisher : Transaction Publishers
Page : 332 pages
File Size : 55,6 Mb
Release : 1922
Category : Law
ISBN : 1412817188

Get Book

An Introduction to the Philosophy of Law by Roscoe Pound Pdf

Roscoe Pound ranks as one of the most prominent legal scholars in the development of American jurisprudence. In An Introduction to the Philosophy of Law, he shows how philosophy has been a powerful instrument throughout the history of law. He examines what philosophy has done for some of the chief problems of the science of law and how it is possible to look at those problems philosophically without treating them in terms of a particular time period. The function of legal philosophy, writes Pound, is to rationally formulate a general theory of law which conforms to the interests, the general security first and foremost, of society. According to Pound, philosophies of law historically have rationally adjusted legal developments to the circumstantial needs of society. Pound concerned himself primarily with the practical effects of American legal developments within the context of social interests and general security. He encouraged American jurists to abandon efforts to conform obsolete models of legal philosophy to new realities. The significance of Pound's scholarship, particularly An Introduction to the Philosophy of Law, is the legal relativism inherent therein and its ongoing impact not merely on American jurisprudence, but on the imperative that American public policy be tested in the juridical crucible of relativism. Marshall DeRosa writes in his new introduction that in the light of twentieth-century judicial politics, Roscoe Pound's philosophy of law has prevailed to a significant extent. This book's relevance to appreciating the development of the American legal system in all its complexities--including liability law, contract law, and property law--is in itself notable. But, in terms of understanding the twentieth-century development of the American rule of law, An Introduction to the Philosophy of Law is indispensable. It will make an invaluable addition to the personal libraries of legal theorists, philosophers, political scientists, and historians of American law.

Author : Roscoe Pound,Marshall. L DeRosa
Publisher : Routledge
Page : 315 pages
File Size : 43,6 Mb
Release : 2017-11-30
Category : Law
ISBN : 9781351288866

Get Book

An Introduction to the Philosophy of Law by Roscoe Pound,Marshall. L DeRosa Pdf

In An Introduction to the Philosophy of Law, Roscoe Pound shows how philosophy has been a powerful instrument throughout the history of law. He examines what philosophy has done for some of the chief problems of the science of law and how it is possible to look at those problems philosophically without treating them in terms of a particular time period. The function of legal philosophy, writes Pound, is to rationally formulate a general theory of law which conforms to the interests, the general security first and foremost, of society. Marshall DeRosa writes in his new introduction that in the light of twentieth-century judicial politics, Roscoe Pound's philosophy of law has prevailed to a significant extent. This book's relevance to appreciating the development of the American legal system in all its complexities - including liability law, contract law, and property law - is in itself notable. But, in terms of understanding the twentieth-century development of the American rule of law, An Introduction to the Philosophy of Law is indispensable. It will make an invaluable addition to the personal libraries of legal theorists, philosophers, political scientists, and historians of American law.

Author : H.B. Jacobini
Publisher : Springer Science & Business Media
Page : 166 pages
File Size : 49,7 Mb
Release : 2012-12-06
Category : Law
ISBN : 9789401187985

Get Book

A Study of the Philosophy of International Law as Seen in Works of Latin American Writers by H.B. Jacobini Pdf

One of the most unfortunate facts about the relationship of the United States with Latin America is that only in recent years has there been any appreciable amount of intellectual interchange with reference to law. This, of course, is an example of the relative lack of cultural exchange between these peoples. Only in very recent years has the North American interest in Latin America been in any sense general and active. While there are a few recent volumes which discuss various aspects of Latin American law in a fashion calculated to interest the North American lawyer and academician, the Latin American contributions to and attitudes toward international law are virtually unknown in the United States except in very restricted quarters. For this reason it was thought that a survey such as the one presented here would contribute not only to a better under standing of Latin American juristic thought as pertaining to international law, but also to a better comprehension of legal theory in general, and of Latin American culture as a whole. The phase of the philosophy of international law which, with reference to the regional application here studied, has been the major interest in this work, i.e., whether writers rely more on naturalism or positivism as the philosophical foundation of the law of nations, is, like the matter of Latin American law itself, a subject which has been neglected by North American scholars.

Author : Mark Tebbit
Publisher : Psychology Press
Page : 262 pages
File Size : 47,7 Mb
Release : 2005
Category : Law
ISBN : 9780415334419

Get Book

Philosophy of Law by Mark Tebbit Pdf

"Simultaneously published in the USA and Canada."

Author : Morris Raphael Cohen
Publisher : Transaction Publishers
Page : 492 pages
File Size : 41,8 Mb
Release : 1982-01-01
Category : Law
ISBN : 1412827302

Get Book

Law and the Social Order by Morris Raphael Cohen Pdf

Containing the bulk of Morris Cohen's writings on the philosophy of law, this collection of essays features articles originally published in popular periodicals and law reviews during the early decades of this century. In his introduction to the Social and Moral Thought edition, Harry N. Rosenfield reviews Cohen's contributions to the philosophy of law and emphasizes Cohen's enormous influence, as a legal philosopher, on American law.

Author : Anonim
Publisher : Unknown
Page : 356 pages
File Size : 51,6 Mb
Release : 1941
Category : Law
ISBN : STANFORD:36105061210022

Get Book

My Philosophy of Law by Anonim Pdf

Author : Beryl Harold Levy
Publisher : Transaction Pub
Page : 142 pages
File Size : 46,6 Mb
Release : 1991-01
Category : Law
ISBN : 0887383440

Get Book

Anglo-American Philosophy of Law by Beryl Harold Levy Pdf

An account of successive legal theories in England and America against a background of the varieties of natural law in the ancient, medieval and modern worlds. The outcome in Legal Realism provides insight into contemporary issues in law and the judicial process and their relation to moral philosophy. As Levy shows, legal theory has always been inspired by forces outside the law in philosophy and politics. In England the philosophy of Utilitarianism as expounded by Bentham and Austin brought legal positivism into prominence as an alternative to natural law. In the United States the philosophy of pragmatism spearheaded by James and Dewey and shared by Justice Holmes gave the functional turn resulting in the movement of Legal Realism. After sketching the background of varieties of natural law in the ancient, medieval, and modern worlds, Levy presents leading figures and trends in England and the United States. The book is written so as to be intelligible to lawyers, philosophers, and students of cultural history and social science.

Author : Michal Alberstein
Publisher : Routledge
Page : 546 pages
File Size : 51,5 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351909280

Get Book

Pragmatism and Law by Michal Alberstein Pdf

Pragmatism and Law provides a textual reading of the American legal discourse, as it unfolds through various genres of pragmatism, which evolve and transform during the twentieth century. The historical narrative, which the book weaves, traces the transformation of the pragmatic idea from the forefront of philosophical intellectual inquiries at the turn of the twentieth century to a common sense lawyers’ practical rule of action at the turn of the twenty-first century. During this sequence, a fresh look at American history and legal history in particular is offered through the emphasis on recurring discursive structures which assume incommensurable treatments of basic liberal notions like justice, politics, and truth. Underlying the writing is an interpretative mode of inquiry, based on European post-structural methodologies, while claiming to represent their next intellectual phase. This contemporary mode of inquiry is that of a reading which insists on healing through the paradoxes. It is the same mode that sets, in the author’s view, the updated interpretative model of dispute resolution studies.

Author : Raymond Wacks
Publisher : OUP Oxford
Page : 152 pages
File Size : 40,8 Mb
Release : 2014-02-27
Category : Law
ISBN : 9780191510649

Get Book

Philosophy of Law: A Very Short Introduction by Raymond Wacks Pdf

The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Author : John Austin,Sarah Austin
Publisher : Unknown
Page : 678 pages
File Size : 47,5 Mb
Release : 1873
Category : Jurisprudence
ISBN : NYPL:33433008809828

Get Book

Lectures on Jurisprudence by John Austin,Sarah Austin Pdf

Author : Anthony J. Sebok
Publisher : Cambridge University Press
Page : 343 pages
File Size : 53,8 Mb
Release : 1998-10-28
Category : Law
ISBN : 9780521480413

Get Book

Legal Positivism in American Jurisprudence by Anthony J. Sebok Pdf

This work represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought.

Author : David Ingram
Publisher : A&C Black
Page : 230 pages
File Size : 40,8 Mb
Release : 2006-01-01
Category : Philosophy
ISBN : 9780826478221

Get Book

Law: Key Concepts in Philosophy by David Ingram Pdf

An introductory guide to the philosophy of law, part of Continuum's series of modular texts, offering complete coverage of the undergraduate philosophy curriculum

Author : Larry May,Nancy E. Snow,Angela Bolte
Publisher : McGraw-Hill Humanities, Social Sciences & World Languages
Page : 820 pages
File Size : 46,6 Mb
Release : 2000
Category : Law
ISBN : IND:30000080924966

Get Book

Legal Philosophy by Larry May,Nancy E. Snow,Angela Bolte Pdf

This anthology introduces students to the major areas of Anglo-American law and to the philosophical attempts to grapple with the theoretical underpinnings of each of these areas from a wide variety of perspectives. In addition, it emphasizes the relatively new voices in the debates: feminists, critical theorists, postmodernists, critical race theorists, and Native Americans.