The Mind And Method Of The Legal Academic

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The Mind and Method of the Legal Academic

Author : J. M. Smits
Publisher : Edward Elgar Publishing
Page : 193 pages
File Size : 45,9 Mb
Release : 2012-01-01
Category : Law
ISBN : 9780857936554

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The Mind and Method of the Legal Academic by J. M. Smits Pdf

ïJan Smits has long been one of the most interesting and original authors on European private law theory. Now he offers his views on legal scholarship, and they are as original as they are thought-provoking. His plea for a legal scholarship that maintains its identity vis-ö-vis neighboring disciplines without collapsing into doctrinairism is bound to yield lively discussions _ and hopefully will help re-establish a proper place for legal scholarship, in Europe and beyond.Í _ Ralf Michaels, Duke University, US ïThe Mind and Method of the Legal Academic is a valuable contribution to the discussion on legal methodology and legal theory, which offers an acute insight in contemporary academic discussions. Smits provides us with fresh ideas as to the (non)importance of social sciences for law, comparative law and what makes an academic discipline. He does so in a clear style and barely hundred pages text. It therefore can be highly recommended to all students of jurisprudence.Í _ Ewoud Hondius, University of Utrecht, The Netherlands ïA wonderful little book which explains to newcomers and old hands alike what legal academics are doing, how they are doing it, how they ought to be doing it, what kind of research environment they would need, and how all this should affect their teaching. Smits brings comparative and interdisciplinary approaches home to the core of scholarly legal work.Í _ Gerhard Dannemann, Centre for British Studies, Berlin, Germany ïThis book is a wide-ranging and bold exploration of the nature of legal scholarship. Lucid and learned, Smits draws upon a variety of sources to recommend a multi-faceted approach to the normative dimension of law. As such, it provides a theoretical base for comparative law but also for any inquiry into what law or legal principle is appropriate for a given problem or situation. All those engaged in critically examining the law will benefit from its insights.Í _ Anthony Ogus, University of Manchester, UK and University of Rotterdam, The Netherlands ïAcademic debate over law and legal scholarship has placed legal research and legal education under pressure. Jan SmitsÍ book is intellectual self-defence of legal scholarship tailored for the needs of tomorrow. The Mind and Method of the Legal Academic is fluid, creative and original. Makes wonderful reading for those who are concerned about the future of legal research and legal education in a globalized world.Í _ Jaakko Husa, University of Lapland, Finland In a context of changing times and current debate, this highly topical book discusses the aims, methods and organization of legal scholarship. Jan Smits assesses the recent turn away from doctrinal research towards a more empirical and theoretical way of legal investigation and offers a fresh perspective on what it is that legal academics should deal with and how they should do it. The book also considers the consequences which follow for the organization of the legal discipline by universities and uses this context to discuss the key questions of the internationalization of law schools, quality assessments, legal education and the research culture. Being the first book to address the aim and goals of legal scholarship in an international context, this insightful study will appeal to academics, graduate students, researchers and policymakers in higher education.

The Mind and Method of the Legal Academic

Author : J. M. Smits
Publisher : Edward Elgar Pub
Page : 180 pages
File Size : 44,5 Mb
Release : 2012
Category : Law
ISBN : 0857936549

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The Mind and Method of the Legal Academic by J. M. Smits Pdf

Jan Smits assesses the recent turn away from doctrinal research towards a more empirical and theoretical way of legal investigation and offers a fresh perspective on what it is that legal academics should deal with and how they should do it. The book also considers the consequences which follow for the organization of the legal discipline by universities and uses this context to discuss the key questions of the internationalization of law schools, quality assessments, legal education and the research culture.--Résumé de l'éditeur.

Methodologies of Legal Research

Author : Mark Van Hoecke
Publisher : Bloomsbury Publishing
Page : 310 pages
File Size : 47,9 Mb
Release : 2011-02-28
Category : Law
ISBN : 9781847316301

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Methodologies of Legal Research by Mark Van Hoecke Pdf

Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions.

A New Introduction to Comparative Law

Author : Jaakko Husa
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 49,6 Mb
Release : 2015-05-28
Category : Law
ISBN : 9781849469517

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A New Introduction to Comparative Law by Jaakko Husa Pdf

This thought-provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as a common sense guide to the study of foreign legal systems. It is written in a lively and accessible style and will prove indispensable reading to students of the subject. It also contains much that will be of interest to comparative law scholars, offering novel insights into commonplace methodological and theoretical questions and making a significant contribution to the field.

Law and the Modern Mind

Author : Jerome Frank,Brian H. Bix
Publisher : Routledge
Page : 494 pages
File Size : 46,8 Mb
Release : 2017-07-12
Category : Law
ISBN : 9781351509558

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Law and the Modern Mind by Jerome Frank,Brian H. Bix Pdf

Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.

Pluralism and European Private Law

Author : Leone Niglia
Publisher : Bloomsbury Publishing
Page : 294 pages
File Size : 43,5 Mb
Release : 2013-01-29
Category : Law
ISBN : 9781782250647

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Pluralism and European Private Law by Leone Niglia Pdf

European private law has hitherto tended to be conceptualised firmly around ideas of unity and harmony. Yet the discourse within other areas of European law, notably constitutional law scholarship, visibly adopts pluralist perspectives. This book seeks to bridge the gap between 'public' and 'private' law by looking at European private law from various pluralist positions and by investigating old and new ways in which to understand legal pluralism in general. It fills a gap in the wide literature on legal pluralism, as the first book entirely dedicated to offering an insight into legal pluralism from the vantage point of the private law domain. The book addresses critically issues such as what pluralism really means in private law and what conceptions of pluralism it embodies, including discussion about the outer boundaries of any of the pluralist understandings. Contributions address comparative, critical, historical, theoretical and normative aspects. The book provides an opportunity to engage innovatively with problematic conceptual issues which inform the work of European private law scholars, including the debate on the Common Frame of Reference Poject of the European Commision.

Research Methods in Law

Author : Dawn Watkins,Mandy Burton
Publisher : Routledge
Page : 274 pages
File Size : 45,5 Mb
Release : 2013-07-18
Category : Law
ISBN : 9781135051372

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Research Methods in Law by Dawn Watkins,Mandy Burton Pdf

The aim of this book is to explain in clear terms some of the main methodological approaches in legal research. This is an edited collection, with each chapter written by specialists in their field, researching in a variety of jurisdictions. Each contributor addresses the topic of "lay decision makers in the legal system" from one particular methodological perspective, explaining how they would approach the issue and discussing why their particular method might, or might not, be suited to this topic. In asking all contributors to focus on the same topic, the editors have sought to provide a common link throughout the text, thereby providing the reader with an opportunity to draw comparisons between methods with relative ease. In light of the broad geographical range of its contributors, the book is aimed at an international readership. This book will be of particular interest to PhD students in law, but it will also be of use to undergraduate dissertation students in law, LL.M Research students as well as prospective PhD students and early year researchers.

Regulatory Reform in China and the EU

Author : Stefan E. Weishaar,Niels Philipsen,Wenming Xu
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 46,5 Mb
Release : 2017-08-25
Category : Electronic
ISBN : 9781785368547

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Regulatory Reform in China and the EU by Stefan E. Weishaar,Niels Philipsen,Wenming Xu Pdf

With the Chinese government planning a comprehensive and detailed reform of regulatory law, the European experience is likely to contribute significantly. This timely book analyses comparative Chinese and EU regulatory reform from a Law and Economics perspective.

Roberts & Zuckerman's Criminal Evidence

Author : Paul Roberts
Publisher : Oxford University Press
Page : 1193 pages
File Size : 44,9 Mb
Release : 2022-08-04
Category : Law
ISBN : 9780192557919

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Roberts & Zuckerman's Criminal Evidence by Paul Roberts Pdf

Roberts and Zuckerman's Criminal Evidence is the eagerly-anticipated third of edition of the market-leading text on criminal evidence, fully revised to take account of developments in legislation, case-law, policy debates, and academic commentary during the decade since the previous edition was published. With an explicit focus on the rules and principles of criminal trial procedure, Roberts and Zuckerman's Criminal Evidence develops a coherent account of evidence law which is doctrinally detailed, securely grounded in a normative theoretical framework, and sensitive to the institutional and socio-legal factors shaping criminal litigation in practice. The book is designed to be accessible to the beginner, informative to the criminal court judge or legal practitioner, and thought-provoking to the advanced student and scholar: a textbook and monograph rolled into one. The book also provides an ideal disciplinary map and work of reference to introduce non-lawyers (including forensic scientists and other expert witnesses) to the foundational assumptions and technical intricacies of criminal trial procedure in England and Wales, and will be an invaluable resource for courts, lawyers and scholars in other jurisdictions seeking comparative insight and understanding of evidentiary regulation in the common law tradition.

Sharpening the Legal Mind

Author : William Powers
Publisher : University of Texas Press
Page : 239 pages
File Size : 45,6 Mb
Release : 2023-02-14
Category : Law
ISBN : 9781477326435

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Sharpening the Legal Mind by William Powers Pdf

The way lawyers think about the law can seem deeply mysterious. They see nuance and meaning in statutes and implications in judicial opinions that are opaque to the rest of us. Accessible and thought provoking, Sharpening the Legal Mind explains how lawyers analyze the cases and controversies that come before the courts. Written by William Powers Jr., the former president of the University of Texas at Austin, this book is an authoritative introduction to the academic study of law and legal reasoning, including insights into the philosophy of law and the intellectual history of legal thought. Powers discusses the methods lawyers use to interpret the law, the relation between law and morals, and the role of courts in shaping the law. In eight chapters, he follows the historical debate on these issues and others through different generations and movements in American legal thought—formalism, realism, positivism—to critical legal studies and postmodern theory. The perfect read for anyone looking for a primer on legal reasoning, Sharpening the Legal Mind demystifies the debates and approaches to thinking like a lawyer that profoundly influence the rule of law in our lives.

Legal Methods

Author : Jane C. Ginsburg,West Academic
Publisher : Unknown
Page : 564 pages
File Size : 44,5 Mb
Release : 1996
Category : Case method
ISBN : 1566625718

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Legal Methods by Jane C. Ginsburg,West Academic Pdf

Legal Method, Skills and Reasoning

Author : Sharon Hanson
Publisher : Routledge
Page : 642 pages
File Size : 43,9 Mb
Release : 2009-07-27
Category : Law
ISBN : 9781134047703

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Legal Method, Skills and Reasoning by Sharon Hanson Pdf

Language skills, study skills, argument skills and legal knowledge are vital to every law student, professional lawyer and academic. Legal Method, Skills and Reasoning suggests a range of 'how-to' techniques for perfecting these academic and practical skills. It explains how to work with legal texts; how to read and write about the law; how to acquire effective disciplined study techniques; and how to construct legal arguments. Packed full of practical examples and diagrams across the range of legal skills from language and research skills to mooting and negotiation, this edition will be invaluable to law students seeking to acquire a deeper understanding of how to apply each discreet legal skill effectively. This restructured third edition is now additionally supported by a Companion Website offering a wealth of additional resources for individual and group work for both students and lecturers. For students, the Companion Website offers: workbooks for each part, containing guided practical and reflective tasks a series of ‘how-to’ exercises, which help to provide real-life legal skills examples and practice guidance on answering legal problem and essay-style questions self-test quizzes to consolidate learning for each individual legal skill. For lecturers, the Companion Website hosts: a set of PowerPoint slides of the diagrams in the text specimen seminar plans, with supplementary notes to provide support and inspiration for teaching legal skills sample legal skills assessment, and accompanying answers.

Catalogue of the University of Iowa

Author : Anonim
Publisher : Unknown
Page : 182 pages
File Size : 42,5 Mb
Release : 1894
Category : Electronic
ISBN : BSB:BSB11618697

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Catalogue of the University of Iowa by Anonim Pdf

Catalogue of the State University at Iowa City for ...

Author : State University of Iowa
Publisher : Unknown
Page : 776 pages
File Size : 49,9 Mb
Release : 1893
Category : Universities and colleges
ISBN : IOWA:31858027932478

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Catalogue of the State University at Iowa City for ... by State University of Iowa Pdf

Contract Law

Author : Jan M. Smits
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 41,8 Mb
Release : 2017-06-30
Category : Contracts
ISBN : 9781785368776

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Contract Law by Jan M. Smits Pdf

This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. It introduces the key principles of contract law by comparing solutions from different jurisdictions and has an innovative design with text boxes, colour and graphics, making it a highly attractive tool for studying. This revised second edition has been updated to reflect the most recent changes in the law, including the French reform of the law of obligations and the new UK Consumer Rights Act. A whole new chapter on contracts and third parties has also been added.