Searching For Contemporary Legal Thought

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Searching for Contemporary Legal Thought

Justin Desautels-Stein,Christopher Tomlins
Searching for Contemporary Legal Thought Book PDF

Author : Justin Desautels-Stein,Christopher Tomlins
Publisher : Cambridge University Press
Page : 0 pages
File Size : 51,6 Mb
Release : 2018-12-13
Category : Law
ISBN : 1316605027

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Searching for Contemporary Legal Thought by Justin Desautels-Stein,Christopher Tomlins Pdf

For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant G. Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles F. Sabel and William H. Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.

New Rhetorics for Contemporary Legal Discourse

Angela Condello
New Rhetorics for Contemporary Legal Discourse Book PDF

Author : Angela Condello
Publisher : Edinburgh University Press
Page : 184 pages
File Size : 49,5 Mb
Release : 2020-03-18
Category : LANGUAGE ARTS & DISCIPLINES
ISBN : 9781474450584

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New Rhetorics for Contemporary Legal Discourse by Angela Condello Pdf

Are the general and the particular separated in legal rhetorics? What is the function of singular events, facts, names in legal argumentation and what is their relationship to legal normativity? This collection of 11 essays takes a diachronic approach to address these questions from the perspective of contemporary legal discourse.

International Law and the Politics of History

Anne Orford
International Law and the Politics of History Book PDF

Author : Anne Orford
Publisher : Cambridge University Press
Page : 395 pages
File Size : 52,9 Mb
Release : 2021-08-05
Category : History
ISBN : 9781108480949

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International Law and the Politics of History by Anne Orford Pdf

Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.

Legal Spaces

Sabine Müller-Mall
Legal Spaces Book PDF

Author : Sabine Müller-Mall
Publisher : Springer Science & Business Media
Page : 144 pages
File Size : 50,8 Mb
Release : 2013-04-09
Category : Law
ISBN : 9783642367304

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Legal Spaces by Sabine Müller-Mall Pdf

This book is concerned with a central question in contemporary legal theory: how to describe global law? In addressing this question, the book brings together two features that are different and yet connected to one another: the conceptual description of contemporary law on the one hand, and methods of taking concrete perspectives on law on the other hand. The book provides a useful concept for describing global law: thinking of law spatially. It illustrates that space is a concept with the capacity to capture the relationality, dynamics, and hybridity of law. Moreover, this book investigates the role of topological thinking in finding concrete perspectives on law. Legal Spaces offers an innovative and interdisciplinary approach to law.

Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 1

Jan H Dalhuisen
Dalhuisen on Transnational Comparative Commercial Financial and Trade Law Volume 1 Book PDF

Author : Jan H Dalhuisen
Publisher : Bloomsbury Publishing
Page : 736 pages
File Size : 47,7 Mb
Release : 2019-07-25
Category : Law
ISBN : 9781509925438

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Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 1 by Jan H Dalhuisen Pdf

This is the seventh edition of the leading work on transnational and comparative commercial, financial, and trade law, covering a wide range of complex topics in the modern law of international commerce and finance. As a guide for students and practitioners it has proven to be unrivalled. The work is divided into three volumes, each of which can be used independently or as part of the complete work. Volume 1, in the first chapter, covers the roots and foundations of private law; the different origins, structure, and orientation of civil and common law; the forces behind the emergence of a new transnational commercial and financial legal order, its meaning, concepts, and operation; the theoretical basis of the transnationalisation of the law in the professional sphere in that order; its methodology and the autonomous sources of the new law merchant or modern lex mercatoria, its international finance-driven impulses, and its relationship to domestic and transnational public policy and public order requirements. The second chapter covers the transnationalisation of dispute resolution in that order, especially international arbitration, and contains a critical analysis of the main challenges to its success, continuing credibility, and effectiveness. All three volumes may be purchased separately or as part of a single set.

Kantianism, Postmodernism and Critical Legal Thought

I. Ward
Kantianism Postmodernism and Critical Legal Thought Book PDF

Author : I. Ward
Publisher : Springer Science & Business Media
Page : 270 pages
File Size : 43,9 Mb
Release : 2013-04-17
Category : Law
ISBN : 9789401588300

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Kantianism, Postmodernism and Critical Legal Thought by I. Ward Pdf

Kantianism, Postmodernism and Critical Legal Thought presents a challenging alternative theory of legal philosophy. The central thesis of the book suggests an accommodation between three of the most influential contemporary theories of law, Kantianism, postmodernism and critical legal thought. In doing so, it further suggests that the often perceived distance between these theories of law disguises a common intellectual foundation. This foundation lies in the work of Immanuel Kant. Kantianism, Postmodernism and Critical Legal Thought presents an intellectual history of critical legal thinking, beginning with Kant, and then proceeding through philosphers and legal theorists as diverse as Heidegger and Arendt, Foucault and Derrida, Rorty and Rawls, and Unger and Dworkin. Ultimately, it will be suggested that each of these philosophers is writing within a common intellectual tradition, and that by concentrating on the commonality of this tradition, contemporary legal theory can better appreciate the reconstructive potential of the critical legal project.

The Right to Exclude

Justin Desautels-Stein
The Right to Exclude Book PDF

Author : Justin Desautels-Stein
Publisher : Oxford University Press
Page : 369 pages
File Size : 41,8 Mb
Release : 2023-03-09
Category : Law
ISBN : 9780198862161

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The Right to Exclude by Justin Desautels-Stein Pdf

In a world in which racism and xenophobia are endemic, what is the role of international law? To the extent international rules are thought to have any relevance at all, the typical approach characterizes international law as on the side of racial justice. Human rights instruments like the United Nations' International Convention on the Elimination of Racial Discrimination are paradigmatic, offering the world international agreements in which governments are directed to avoid racist behavior and promote antiracist action. In The Right to Exclude, Justin Desautels-Stein goes against the grain and asks whether certain rules of international law might actually produce structures of racial hierarchy, rather than limiting them. The intellectual fulcrum for this production, Desautels-Stein argues, lies in the ideological structures of sovereignty and property, the right to exclude that is shared in those twinned precincts, and the border regimes that result. Applying critical race theory to contemporary problems of migration, nationalism, multiculturalism, decolonization, and self-determination, Desautels-Stein expounds a theory of "postracial xenophobia", a structure of racial ideology that justifies and legitimates a pragmatic account of racialized foreignness, a racial xenos.

Legal Intellectuals in Conversation

James R. Hackney
Legal Intellectuals in Conversation Book PDF

Author : James R. Hackney
Publisher : NYU Press
Page : 256 pages
File Size : 54,5 Mb
Release : 2012-08-03
Category : Law
ISBN : 9780814737071

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Legal Intellectuals in Conversation by James R. Hackney Pdf

In this book the author interviews ten legal experts that in the late 20th century changed the way we understand and use theory in law today.

The Jurisprudence of Style

Justin Desautels-Stein
The Jurisprudence of Style Book PDF

Author : Justin Desautels-Stein
Publisher : Cambridge University Press
Page : 0 pages
File Size : 45,5 Mb
Release : 2019-10-24
Category : Political Science
ISBN : 1316610012

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The Jurisprudence of Style by Justin Desautels-Stein Pdf

In the contemporary domain of American legal thought there is a dominant way in which lawyers and judges craft their argumentative practice. More colloquially, this is a dominant conception of what it means to 'think like a lawyer'. Despite the widespread popularity of this conception, it is rarely described in detail or given a name. Justin Desautels-Stein tells the story of how and why this happened, and why it matters. Drawing upon and updating the work of Harvard Law School's first generation of critical legal studies, Desautels-Stein develops what he calls a jurisprudence of style. In doing so, he uncovers the intellectual alliance, first emerging at the end of the nineteenth century and maturing in the last third of the twentieth century, between American pragmatism and liberal legal thought. Applying the tools of legal structuralism and phenomenology to real-world cases in areas of contemporary legal debate, this book develops a practice-oriented understanding of legal thought.

The Rise & Fall of Classical Legal Thought

Duncan Kennedy
The Rise Fall of Classical Legal Thought Book PDF

Author : Duncan Kennedy
Publisher : Beard Books
Page : 324 pages
File Size : 42,8 Mb
Release : 2006
Category : Law
ISBN : 9781587982781

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The Rise & Fall of Classical Legal Thought by Duncan Kennedy Pdf

Legal historian G. Edward White recently described it as the "most widely circulated and cited unpublished manuscript in twentieth-century American legal scholarship since Hart & Sacks' Legal Process materials." It began the re-evaluation of law in the Gilded Age, and gave it its current name of Classical Legal Thought. It was also one of the first and most influential of the works that introduced European critical theory and structuralism into the study of American law. This reprint comes with a substantial new Introduction that puts the work in context and relates it to current scholarship in the field. It should interest historians generally as well as readers curious about how our legal system got its special modern character --

African Legal Theory and Contemporary Problems

Oche Onazi
African Legal Theory and Contemporary Problems Book PDF

Author : Oche Onazi
Publisher : Springer Science & Business Media
Page : 297 pages
File Size : 51,5 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.

Law and Politics

Mauro Zamboni
Law and Politics Book PDF

Author : Mauro Zamboni
Publisher : Springer Science & Business Media
Page : 171 pages
File Size : 40,6 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.

St. Paul, the Natural Law, and Contemporary Legal Theory

Jane Adolphe,Robert L. Fastiggi,Michael Vacca
St Paul the Natural Law and Contemporary Legal Theory Book PDF

Author : Jane Adolphe,Robert L. Fastiggi,Michael Vacca
Publisher : Lexington Books
Page : 254 pages
File Size : 44,5 Mb
Release : 2012
Category : Law
ISBN : 9780739168578

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St. Paul, the Natural Law, and Contemporary Legal Theory by Jane Adolphe,Robert L. Fastiggi,Michael Vacca Pdf

The editors of this unique collection of essays exploring the relationship of St. Paul and the natural law bring together contributions by scripture scholars, theologians, philosophers, and international lawyers. Inspired by the special Jubilee Year from June 2008 to June 2009 - proclaimed by Pope Benedict XVI to celebrate the 2,000-year anniversary of the birth of St. Paul - the chapters in this book are the fruit of the contributors' collaboration during the celebration of the Year of St. Paul. They share a common appreciation of the natural law as a basis for civil law and contemporary legal theory, and each chapter examines the foundations of the natural law - particularly in the writings of St. Paul - giving special recognition to the Catholic contributions to natural law and contemporary legal theory.

Legal and Political Philosophy

Enrique Villanueva
Legal and Political Philosophy Book PDF

Author : Enrique Villanueva
Publisher : BRILL
Page : 491 pages
File Size : 42,6 Mb
Release : 2023-03-20
Category : Law
ISBN : 9789004457911

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Legal and Political Philosophy by Enrique Villanueva Pdf

Legal and Political Philosophy, edited by Enrique Villanueva, is the first volume in the series Social, Political, and Legal Philosophy, published by Rodopi also under his editorship. It contains six original essays by leading political philosophers and philosophers of law (Waldron, Coleman, Postema, Shapiro, Sayre-McCord, and Kraus), along with critical papers on those essays, and replies. This is cutting edge work that elicits sharp responses already as it is published, with the debate joined as the authors reply. Social, Political, and Legal Philosophy is a new book series, edited by Enrique Villanueva, and published by Rodopi Publishers as part of Rodopi Philosophical Studies. The series will publish collections of new essays on topics in social or political or legal philosophy. New volumes will be published approximately every year or every other year.

Christian Perspectives on Legal Thought

Michael W. McConnell,Robert Cochran,Angela C. Carmella
Christian Perspectives on Legal Thought Book PDF

Author : Michael W. McConnell,Robert Cochran,Angela C. Carmella
Publisher : Yale University Press
Page : 775 pages
File Size : 49,6 Mb
Release : 2008-10-01
Category : Law
ISBN : 9780300130065

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Christian Perspectives on Legal Thought by Michael W. McConnell,Robert Cochran,Angela C. Carmella Pdf

This book explores for the first time the broad range of ways in which Christian thought intersects with American legal theory. Eminent legal scholars—including Stephen Carter, Thomas Shaffer, Elizabeth Mensch, Gerard Bradley, and Marci Hamilton—describe how various Christian traditions, including the Catholic, Calvinist, Anabaptist, and Lutheran traditions, understand law and justice, society and the state, and human nature and human striving. The book reveals not only the diversity among Christian legal thinkers but also the richness of the Christian tradition as a source for intellectual and ethical approaches to legal inquiry. The contributors bring various perspectives to the subject. Some engage the prominent schools of legal thought: liberalism, legal realism, critical legal studies, feminism, critical race theory, and law and economics. Others address substantive areas, including environmental, criminal, contract, torts, and family law, as well as professional responsibility. Together the essays introduce a new school of legal thought that will make a signal contribution to contemporary discussions of law.