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Author: Brian Z. Tamanaha
Publisher: Cambridge University Press
ISBN: 1107188423
Category : Law
Languages : en
Pages : 211
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Book Description
The book re-orients jurisprudence and develops an empirically informed theory of law that applies throughout history and across different societies.
Author: Brian Z. Tamanaha
Publisher: Cambridge University Press
ISBN: 1107188423
Category : Law
Languages : en
Pages : 211
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Book Description
The book re-orients jurisprudence and develops an empirically informed theory of law that applies throughout history and across different societies.
Author: Torben Spaak
Publisher: Cambridge University Press
ISBN: 1108427677
Category : Law
Languages : en
Pages : 807
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Book Description
The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
Author: Brian Z. Tamanaha
Publisher: Oxford University Press
ISBN: 9780198265603
Category : Law
Languages : en
Pages : 304
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Book Description
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: Karl Nickerson Llewellyn
Publisher:
ISBN:
Category :
Languages : en
Pages : 531
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Book Description
Author: Matthew Specter
Publisher: Stanford University Press
ISBN: 150362997X
Category : History
Languages : en
Pages : 409
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Book Description
In The Atlantic Realists, intellectual historian Matthew Specter offers a boldly revisionist interpretation of "realism," a prevalent stance in post-WWII US foreign policy and public discourse and the dominant international relations theory during the Cold War. Challenging the common view of realism as a set of universally binding truths about international affairs, Specter argues that its major features emerged from a century-long dialogue between American and German intellectuals beginning in the late nineteenth century. Specter uncovers an "Atlantic realist" tradition of reflection on the prerogatives of empire and the nature of power politics conditioned by fin de siècle imperial competition, two world wars, the Holocaust, and the Cold War. Focusing on key figures in the evolution of realist thought, including Carl Schmitt, Hans Morgenthau, and Wilhelm Grewe, this book traces the development of the realist worldview over a century, dismantling myths about the national interest, Realpolitik, and the "art" of statesmanship.
Author: Alf Ross
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584774886
Category : Jurisprudence
Languages : en
Pages : 396
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Book Description
Ross, Alf. On Law and Justice. Berkeley: University of California Press, 1959. xi, 383 pp. Reprint available December 2004 by the Lawbook Exchange, Ltd. ISBN 1-58477-488-6. Cloth. $90. * In this influential and oft-cited study Ross discounted the theories of natural law, positivism and legal realism. In their stead, he proposed the abandonment of "ought-propositions" for the "is-propositions" employed by other empirical sciences, thereby envisioning lawyers that serve merely as "rational technologists." Less bound by tradition, and traditional notions of justice, jurisprudence then becomes "not only a beautiful mental activity per se, but also an instrument which may benefit any lawyer who wants to understand what he is doing and why" (Preface).
Author: Brian Z. Tamanaha
Publisher: Cambridge University Press
ISBN: 1316991725
Category : Law
Languages : en
Pages : 211
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Book Description
This book articulates an empirically grounded theory of law applicable throughout history and across different societies. Unlike natural law theory or analytical jurisprudence, which are narrow, abstract, ahistorical, and detached from society, Tamanaha's theory presents a holistic vision of law within society, evolving in connection with social, cultural, economic, political, ecological, and technological factors. He revives a largely forgotten theoretical perspective on law that runs from Montesquieu through the legal realists to the present. This book explains why the classic question 'what is law?' has never been resolved, and casts doubt on theorists' claims about necessary and universal truths about law. This book develops a theory of law as a social institution with varying forms and functions, tracing law from hunter-gatherer societies to the modern state and beyond. Tamanaha's theory accounts for social influences on law, legal influences on society, law and domination, multifunctional governmental uses of law, legal pluralism, international law, and other legal aspects largely overlooked in jurisprudence.
Author: Brian Z. Tamanaha
Publisher: Cambridge University Press
ISBN: 1139459228
Category : Law
Languages : en
Pages : 238
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Book Description
The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.
Author: Karl Olivecrona
Publisher: Hassell Street Press
ISBN: 9781013308147
Category : Law
Languages : en
Pages : 236
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Book Description
This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: Rex Martin
Publisher: John Wiley & Sons
ISBN: 1405157364
Category : Philosophy
Languages : en
Pages : 344
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Book Description
This volume examines Rawls's theory of international justice as worked out in his controversial last book, The Law of Peoples.
