Sociological Jurisprudence And Realist Theories Of Law

Author : Karl Llewellyn
Publisher : Routledge
Page : 549 pages
File Size : 48,8 Mb
Release : 2017-09-04
Category : Law
ISBN : 9781351510394

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Jurisprudence by Karl Llewellyn Pdf

Jurisprudence: Realism in Theory and Practice compiles many of Llewellyn's most important writings. For his time, the thirties through the fifties, Llewellyn offered fresh approaches to the study of law and society. Although these writings might not seem innovative today, because they have become widely applied in the contemporary world, they remain a testament to his. The ideas he advanced many decades ago have now become commonplace among contemporary jurisprudence scholars as well as social scientists studying law and legal issues.Legal realism, the ground of Llewellyn's theory, attempts to contextualize the practice of law. Its proponents argue that a host of extra-legal factors--social, cultural, historical, and psychological, to name a few--are at least as important in determining legal outcomes as are the rules and principles by which the legal system operates. Oliver Wendell Holmes, Jr., book, The Common Law, is regarded as the founder of legal realism. Holmes stated that in order to truly understand the workings of law, one must go beyond technical (or logical) elements entailing rules and procedures. The life of the law is not only that which is embodied in statutes and court decisions guided by procedural law. Law is just as much about experience: about flesh-and-blood human beings doings things together and making decisions.Llewellyn's version of legal realism was heavily influenced by Pound and Holmes. The distinction between ""law in books"" and ""law in action"" is an acknowledgement of the gap that exists between law as embodied in criminal, civil, and administrative code books, and law. A fully formed legal realism insists on studying the behavior of legal practitioners, including their practices, habits, and techniques of action as well as decision-making about others. This classic studyis a foremosthistorical work on legal theory, and is essential for understanding the roots of this influential perspective.

Author : Brian Z. Tamanaha
Publisher : Oxford University Press
Page : 304 pages
File Size : 47,8 Mb
Release : 1997
Category : Law
ISBN : 0198265603

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Realistic Socio-legal Theory by Brian Z. Tamanaha Pdf

Combining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area.Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear andconcise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.

Author : Brian Z. Tamanaha
Publisher : Cambridge University Press
Page : 211 pages
File Size : 47,9 Mb
Release : 2017-04-24
Category : Law
ISBN : 9781107188426

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A Realistic Theory of Law by Brian Z. Tamanaha Pdf

The book re-orients jurisprudence and develops an empirically informed theory of law that applies throughout history and across different societies.

Author : Shauhin Talesh,Elizabeth Mertz,Heinz Klug
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 53,6 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.

Author : Roscoe Pound
Publisher : Routledge
Page : 100 pages
File Size : 42,9 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351490412

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Social Control Through Law by Roscoe Pound Pdf

Social Control Through Law is remarkable in manner and style. Roscoe Pound shows himself to be a jurist, philosopher, and scientist. For Pound, the subject matter of law involves examining manifestations of human nature which require social control to assert or realize individual expectations. Pound formulates a list of social-ethical principles, with a three-fold purpose. First, they are meant to identify and explain human claims, demands, or interests of a given social order. Second, they express what the majority of individuals in a given society want the law to do. Third, they are meant to guide the courts in applying the law. Pound distinguishes between individual interests, public interests, and social interests. He warns that these three types of interests are overlapping and interdependent and that most claims, demands, and desires can be placed in all three categories. Pound's theory of social interests is crucial to his thinking about law and lies at the conceptual core of sociological jurisprudence. Pound explains that rights unlike interests, are plagued with a multiplicity of meanings. He rejects the idea of rights as being natural or inalienable, and argues that to the contrary, interests are natural. The contemporary significance of the book is aptly demonstrated by the skyrocketing rate of litigation in our postmodern society. As the influence of familial and religious institutions declines, the courts exert an unprecedented degree of control over the public and private lives of most Americans. Law is now the paramount agency of social control. In the new introduction, A. Javier TreviNo outlines the principal aspects of Roscoe Pound's legal philosophy as it is conveyed in several of his books, articles, and addresses, and shows their relationship to Social Control Through Law. This book is an insightful, concise summary of Pound's ideas that, after more than half a century, remains surprisingly fresh and relevant. It will doubtlessly continue to engage jurists, legal theorists, and sociologists for many years to come.

Author : Roscoe Pound
Publisher : Unknown
Page : 94 pages
File Size : 48,7 Mb
Release : 1911
Category : Jurisprudence
ISBN : UOM:35112101302851

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The Scope and Purpose of Sociological Jurisprudence by Roscoe Pound Pdf

Author : Roger B. M. Cotterrell
Publisher : University of Pennsylvania Press
Page : 300 pages
File Size : 53,5 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

Author : A. Javier Treviño
Publisher : Transaction Publishers
Page : 503 pages
File Size : 50,6 Mb
Release : 2024-07-02
Category : Electronic
ISBN : 9781412834773

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The Sociology of Law by A. Javier Treviño Pdf

Author : Harold D. Lasswell,Myres S. McDougal
Publisher : Martinus Nijhoff Publishers
Page : 764 pages
File Size : 50,8 Mb
Release : 2023-12-28
Category : Law
ISBN : 9789004534254

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Jurisprudence for a Free Society by Harold D. Lasswell,Myres S. McDougal Pdf

Jurisprudence For a Free Society is a remarkable contribution to legal theory. In its comprehensiveness and systematic elaboration, it stands among the major theories. It is also the most important jurisprudential statement to emerge in the post-war period. The pioneering work of Lasswell and McDougal on law and policy is already legendary. Most of the work produced by these scholars together and in collaboration with their students represent applications of their basic theory to a wide assortment of international and national legal and policy problems. Now, for the first time, the authoritative statement of their legal philosophy appears as a single volume. In Part I the authors develop their fundamental criteria for a theory about law, including the requirements of clarifying observational standpoint, focus of inquiry and the pertinent intellectual tasks incumbent on the scholar and decisionmaker for determining and achieving common interests. Trends in theories about law, including Natural Law, the Historical School, Positivism, the Sociological Study of Law, American Legal Realism and other contemporary theories, are explored for what they might contribute to the achievement to the authors' conception of an adequate jurisprudence. The print edition is available as a set of two volumes (9780792309895).

Author : N. E. H. Hull
Publisher : University of Chicago Press
Page : 382 pages
File Size : 42,6 Mb
Release : 1997
Category : Biography & Autobiography
ISBN : 0226360431

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Roscoe Pound and Karl Llewellyn by N. E. H. Hull Pdf

American legal history is traditionally viewed as a succession of discrete schools of thought or landmark court decisions, not as the work of individuals. Such an approach, however, hardly does justice to the lives of two of the foremost teachers and theorists of American jurisprudence. In Roscoe Pound and Karl Llwellyn: Searcbing for an American Jurisprudence, N. E. H. Hull reconstructs the historical, cultural, and intellectual context of the work of Pound and Llewellyn, bringing to light their private and public relationship as well as the diverse sources - from psychology to plant ecology to Icelandic sagas - they separately drew upon in making their contributions to the American legal tradition.

Author : Justin Zaremby
Publisher : A&C Black
Page : 190 pages
File Size : 42,7 Mb
Release : 2013-12-05
Category : Political Science
ISBN : 9781441135728

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Legal Realism and American Law by Justin Zaremby Pdf

In the first part of the 20th century, a group of law scholars offered engaging, and occasionally disconcerting, views on the role of judges and the relationship between law and politics in the United States. These legal realists borrowed methods from the social sciences to carefully study the law as experienced by lawyers, judges, and average citizens and promoted a progressive vision for American law and society. Legal realism investigated the nature of legal reasoning, the purpose of law, and the role of judges. The movement asked questions which reshaped the study of jurisprudence and continue to drive lively debates about the law and politics in classrooms, courtrooms, and even the halls of Congress. This thorough analysis provides an introduction to the ideas, context, and leading personalities of legal realism. It helps situate an important movement in legal theory in the context of American politics and political thought and will be of great interest to students of judicial politics, American constitutional development, and political theory.

Author : Roscoe Pound
Publisher : Unknown
Page : 604 pages
File Size : 46,5 Mb
Release : 1959
Category : Law
ISBN : STANFORD:36105061304700

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Jurisprudence by Roscoe Pound Pdf

Author : Roger Cotterrell
Publisher : Routledge
Page : 429 pages
File Size : 49,5 Mb
Release : 2017-12-06
Category : Law
ISBN : 9781351683234

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Sociological Jurisprudence by Roger Cotterrell Pdf

This book presents a unified set of arguments about the nature of jurisprudence and its relation to the jurist’s role. It explores contemporary challenges that create a need for social scientific perspectives in jurisprudence, and it shows how sociological resources can and should be used in considering juristic issues. Its overall aim is to redefine the concept of sociological jurisprudence and outline a new agenda for this. Supporting this agenda, the book elaborates a distinctive juristic perspective that recognises law’s diversity of cultural meanings, its extending transnational reach, its responsibilities to reflect popular aspirations for justice and security, and its integrative tasks as a general resource of regulation for society as a whole and for the individuals who interact under law’s protection. Drawing on and extending the author’s previous work, the book will be essential reading for students, researchers and academics working in jurisprudence, law and society, socio-legal studies, sociology of law, and comparative legal studies.

Author : Elizabeth Mertz,Stewart Macaulay,Thomas W. Mitchell
Publisher : Cambridge University Press
Page : 0 pages
File Size : 47,9 Mb
Release : 2017-05-11
Category : Law
ISBN : 1107415535

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The New Legal Realism: Volume 1 by Elizabeth Mertz,Stewart Macaulay,Thomas W. Mitchell Pdf

This is the first of two volumes announcing the emergence of the new legal realism as a field of study. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 1 lays the groundwork for this novel and comprehensive approach with an innovative mix of theoretical, historical, pedagogical, and empirical perspectives. Their empirical work covers such wide-ranging topics as the financial crisis, intellectual property battles, the legal disenfranchisement of African-American landowners, and gender and racial prejudice on law school faculties. The methodological blueprint offered here will be essential for anyone interested in the future of law-and-society.

Author : A. Javier Treviño
Publisher : Edwin Mellen Press
Page : 236 pages
File Size : 49,6 Mb
Release : 2003
Category : Law
ISBN : STANFORD:36105063669332

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The Sociology of Law by A. Javier Treviño Pdf