Western Legal Theory

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Western Legal Theory

Augusto Zimmermann
Western Legal Theory Book PDF

Author : Augusto Zimmermann
Publisher : Unknown
Page : 0 pages
File Size : 51,9 Mb
Release : 2012-12-07
Category : Jurisprudence
ISBN : 0409333182

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Western Legal Theory by Augusto Zimmermann Pdf

Western Legal Theory: History, Concepts and Perspectives enable readers to gain a holistic appreciation of the law by presenting a broad collection of ideas concerning the nature of law. The author draws from a number of social disciplines to provide a rounded sense of what law really is and how it should work in society. The text discusses a wide range of theories and theorists, and also traces the historical developments of Western legal thought from ancient times to the present day. With a focus on the historical and contemporary role of philosophy in the interpretation of law, Western Legal Theory: History, Concepts and Perspectives provide a fascinating insight into the development of law and a comprehensive analysis of current legal thought. It is ideal for students of legal theory and jurisprudence, legal history, political philosophy, and legal practitioners and general readers interested in the theories underpinning our legal institutions and framework.

A Short History of Western Legal Theory

John Maurice Kelly
A Short History of Western Legal Theory Book PDF

Author : John Maurice Kelly
Publisher : Unknown
Page : 466 pages
File Size : 55,7 Mb
Release : 1992
Category : History
ISBN : OCLC:1311961369

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A Short History of Western Legal Theory by John Maurice Kelly Pdf

This unique publication outlines the development of legal theory from pre-Roman times through the twentieth century. It relates the evolution of legal theory to parallel developments in political theory and history. This work also discusses the relevant contemporary events in politics, economics, and religion. Each chapter begins with a synopsis of related historical background for the period, going on to discuss how these events are related to political and legal theory as well as how they become an influence on one another. Avoiding the conventional approach of "traditions" or "schools" of thought, this work aims to anchor legal theory to contemporary general history.

Constitutional Law in Theory and Practice

David M. Beatty
Constitutional Law in Theory and Practice Book PDF

Author : David M. Beatty
Publisher : University of Toronto Press
Page : 216 pages
File Size : 54,9 Mb
Release : 1995-12-15
Category : Law
ISBN : 9781442655171

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Constitutional Law in Theory and Practice by David M. Beatty Pdf

David Beatty draws on more than twenty years' teaching experience to produce a comprehensive introduction to the basic rules in constitutional law, accessible to law and non-law students alike. He reviews the leading cases handed down by the Supreme Court of Canada and the Privy Council concerning the original BNA Act of 1867 and the Canadian Charter of Rights enacted in 1982. As well, Beatty reviews many of the most important decisions made by other courts around the world and analyses the function judges and courts perform in liberal democratic societies when they enforce written constitutions including bills of rights. The initial chapter introduces the reader to the subject of constitutional law – what it is all about, what its function is, and how it interacts with the constitutional text. The book goes on to examine Canadian federalism law and the Supreme Court of Canada's experience in the first decade in the life of the Charter of Rights. Beatty also examines significant human rights cases decided by the major courts around the world, in order to illustrate how the same principles and methods of reasoning are used to resolve disputes about the validity of laws no matter what the issue is or where it arises. The book concludes by showing how a theory of constitutional law which emphasizes the social duties which politicians must respect rather than individual rights should be responsive to the concerns of those who are more sceptical about the virtues of law and the courts as well as those who fear the cultural imperialism of western legal concepts. Beatty proposes a radically new way to think about the idea of ‘rights,’ one which emphasizes the social duties that are inherent in every conception of rights. The book argues that by reorienting our thinking about what rights and the rule of law are all about, it is easier to see that rather than being in conflict or tension with each other, democratic decision making and judicial review are supportive of a common set of values and ideals.

A History of Western Public Law

Bruno Aguilera-Barchet
A History of Western Public Law Book PDF

Author : Bruno Aguilera-Barchet
Publisher : Springer
Page : 775 pages
File Size : 55,7 Mb
Release : 2014-12-31
Category : Law
ISBN : 9783319118031

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A History of Western Public Law by Bruno Aguilera-Barchet Pdf

The book outlines the historical development of Public Law and the state from ancient times to the modern day, offering an account of relevant events in parallel with a general historical background, establishing and explaining the relationships between political, religious, and economic events.

Law's Community

Roger Cotterrell
Law s Community Book PDF

Author : Roger Cotterrell
Publisher : Oxford University Press
Page : 404 pages
File Size : 49,8 Mb
Release : 1995
Category : Law
ISBN : 0198264909

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Law's Community by Roger Cotterrell Pdf

These essays seek to re-locate the relationship between the traditional concerns of legal theory and the sociology of law by establishing a consistent theoretical approach to the analysis of law in contemporary Western societies.

A General Jurisprudence of Law and Society

Brian Z. Tamanaha
A General Jurisprudence of Law and Society Book PDF

Author : Brian Z. Tamanaha
Publisher : Oxford Socio-Legal Studies
Page : 298 pages
File Size : 44,9 Mb
Release : 2001
Category : Law
ISBN : 0199244669

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A General Jurisprudence of Law and Society by Brian Z. Tamanaha Pdf

Law is generally understood to be a mirror of society that functions to maintain social order. Focusing on this general understanding, this text conducts a survey of Western legal and social theories about law and its relationship within society.

Philosophy of Law: A Very Short Introduction

Raymond Wacks
Philosophy of Law A Very Short Introduction Book PDF

Author : Raymond Wacks
Publisher : OUP Oxford
Page : 152 pages
File Size : 42,9 Mb
Release : 2014-02-27
Category : Law
ISBN : 9780191510649

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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.

Theory of Legal Personhood

Visa A. J. Kurki
Theory of Legal Personhood Book PDF

Author : Visa A. J. Kurki
Publisher : Oxford University Press
Page : 241 pages
File Size : 54,9 Mb
Release : 2019
Category : Law
ISBN : 9780198844037

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Theory of Legal Personhood by Visa A. J. Kurki Pdf

Présentation de l'éditeur: "This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic."

Western Legal Traditions

Martin Vranken
Western Legal Traditions Book PDF

Author : Martin Vranken
Publisher : Unknown
Page : 169 pages
File Size : 49,9 Mb
Release : 2015
Category : Civil law
ISBN : 176002029X

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Western Legal Traditions by Martin Vranken Pdf

The rule of law constitutes the hallmark of contemporary Western society. However, public perceptions and attitudes to the law can vary in space and time. This book explores legal solutions to selected problem scenarios in their broader historical, economic, political and societal context. The focus is on the legal traditions of civil law and common law.The book is premised on the assumption - indeed, the conviction - that use of the comparative method both facilitates and promotes a deeper understanding of the society in which we live and the rules by which it is shaped. Major 'threads' that run through the book are the relationship between law and morality, the role of the state in regulating human interaction, as well as the relationship between the state and the individual.As a practical matter, the text is divided into 3 Parts. A first Part provides various building blocks for a discussion of 'the law in action' in the second and main Part of the book. A final Part addresses the issue of regional globalisation and its impact on the traditional divide between civil law and common law. An Appendix contains the full text of the Charter of Fundamental Rights of the European Union.

Natural Law in Court

R. H. Helmholz
Natural Law in Court Book PDF

Author : R. H. Helmholz
Publisher : Harvard University Press
Page : 246 pages
File Size : 43,9 Mb
Release : 2015-06-08
Category : Law
ISBN : 9780674504615

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Natural Law in Court by R. H. Helmholz Pdf

Natural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.

Legal Feminism

Ann Scales
Legal Feminism Book PDF

Author : Ann Scales
Publisher : NYU Press
Page : 230 pages
File Size : 52,6 Mb
Release : 2006-05-19
Category : Law
ISBN : 9780814798454

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Legal Feminism by Ann Scales Pdf

The living experience of practice imparts a special vitality toLegal Feminism, as does the personal voice. . . . Offers readers a kind of you-are-there viewpoint that law students hunger for and that any legal audience appreciates.-Elizabeth Rapaport, Dickason Professor of Law, University of New MexicoôA significant and unique contribution to the field of jurisprudence. . . . Links feminist jurisprudence to the central debates and approaches of the jurisprudential field in general, and shows how it can serve as a general set of jurisprudential principles that transcend what are usually thought to be its gendered boundaries.ö-Lucinda M. Finley, University of Buffalo Law School, State University of New YorkIn the late 1970s, feminist scholars and activists joined together to build a movement aimed at bringing feminist theory and experiences to the practice and teaching of American law. Three decades later, the feminist jurisprudence movement has taken root, with courts and legislatures addressing matters of sex and gender inequality, and law schools employing feminist and post-feminist theory in the classroom. The time is ripe to reflect on the past, present, and future directions of feminist jurisprudence, and there is no better person to do this than Ann Scales.Written by a founding contributor to feminist jurisprudence,Legal Feminismsituates that movement within the larger context of Western law and philosophy, focusing first on common problem areas of legal theory and decision-making, and then explaining how feminist jurisprudence can analyze and address these issues in new ways. Throughout, Scales draws on legal disputes to show how feminist theory works in the courtroom and other real-life arenas.Part personal memoir, part primer, and part treatise,Legal Feminismis a de-jargonized, lively account of how feminist jurisprudence can solve traditional legal conflicts, and why it matters to anyone committed to building an equitable and progressive society.

Asking the Law Question

Margaret Jane Davies
Asking the Law Question Book PDF

Author : Margaret Jane Davies
Publisher : Law Book Company for New South Wales Bar Association
Page : 432 pages
File Size : 48,6 Mb
Release : 2002
Category : Common law
ISBN : STANFORD:36105063219708

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Asking the Law Question by Margaret Jane Davies Pdf

Essential reading for all those who wish to understand why legal theory is important to legal education, and for those who wish to extend their understanding of this dynamic academic discipline. A variety of perspectives are drawn together including social, literary, feminist and postmodernist theories.

Authority in Transnational Legal Theory

Roger Cotterrell,Maksymilian Del Mar
Authority in Transnational Legal Theory Book PDF

Author : Roger Cotterrell,Maksymilian Del Mar
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 41,8 Mb
Release : 2016-09-30
Category : Law
ISBN : 9781784711627

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Authority in Transnational Legal Theory by Roger Cotterrell,Maksymilian Del Mar Pdf

The increasing transnationalisation of regulation – and social life more generally – challenges the basic concepts of legal and political theory today. One of the key concepts being so challenged is authority. This discerning book offers a plenitude of resources and suggestions for meeting that challenge.

Modern Legal Theory

Stephen C. Hicks
Modern Legal Theory Book PDF

Author : Stephen C. Hicks
Publisher : Fred B Rothman & Company
Page : 385 pages
File Size : 41,9 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.

Decolonizing Law

Sujith Xavier,Beverley Jacobs,Valarie Waboose,Jeffery G. Hewitt,Amar Bhatia
Decolonizing Law Book PDF

Author : Sujith Xavier,Beverley Jacobs,Valarie Waboose,Jeffery G. Hewitt,Amar Bhatia
Publisher : Routledge
Page : 271 pages
File Size : 54,6 Mb
Release : 2021-05-24
Category : Law
ISBN : 9781000396553

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Decolonizing Law by Sujith Xavier,Beverley Jacobs,Valarie Waboose,Jeffery G. Hewitt,Amar Bhatia Pdf

This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.