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Author: Thomas Erskine Holland
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 512
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Book Description
Author: Thomas Erskine Holland
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 512
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Book Description
Author: Anthony J. Sebok
Publisher: Cambridge University Press
ISBN: 0521480418
Category : Law
Languages : en
Pages : 343
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Book Description
This work represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought.
Author: William Callyhan Robinson
Publisher: Boston : Little, Brown
ISBN:
Category : Jurisprudence
Languages : en
Pages : 482
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Book Description
Author: Neil Duxbury
Publisher:
ISBN:
Category : History
Languages : en
Pages : 544
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Book Description
This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has evolved as a collection of themes which reflects broader American intellectual and cultural concerns.
Author: David M. Rabban
Publisher: Cambridge University Press
ISBN: 0521761913
Category : History
Languages : en
Pages : 585
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Book Description
This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.
Author: Gerrit De Geest
Publisher: Edward Elgar Publishing
ISBN: 1839101458
Category : Law
Languages : en
Pages : 137
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Book Description
This concise primer offers an introduction to U.S. law from a comparative perspective, explaining not only the main features of American law and legal culture, but also how and why it differs from that of other countries. Students beginning LLM programs in the U.S., in particular international students, will find this primer invaluable reading.
Author: David Kennedy
Publisher: Princeton University Press
ISBN: 0691186421
Category : Law
Languages : en
Pages : 936
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Book Description
This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.
Author: Christoph Möllers
Publisher: Oxford University Press
ISBN: 0199602115
Category : Law
Languages : en
Pages : 275
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Book Description
The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops a new, comprehensive, and systematic account of the principle. It then applies this new concept to legal problems of different national constitutional orders, the law of the European Union, and international institutional law. It connects an argument from normative political theory with phenomena taken from comparative constitutional law. The book argues that the conflict between individual liberty and democratic self-determination that is characteristic of modern constitutionalism is proceduralized through the establishment of different governmental branches. A close analysis of the relation between individual and collective autonomy on the one hand and the ways lawmaking through public institutions can be established on the other hand helps us identify criteria for determining how legislative, administrative, and judicial lawmaking can be distinguished and should be organized. These criteria define a common ground in the confusing variety of western constitutional traditions and their diverse use of the notion of separated powers. They also enable us to establish a normative framework that throws a fresh perspective on problems of constitutional law in different constitutional systems: constitutional judicial review of legislation, limits of legislative delegation, parliamentary control of the executive, and standing. Linking arguments from comparative constitutional law and international law, the book then uses this framework to offer a new perspective on the debate on constitutionalism beyond the state. The concept permits certain institutional insights of the constitutional experiences within states to be applied at the international level without falling into any form of methodological nationalism.
Author: Neil Duxbury
Publisher: Cambridge University Press
ISBN: 1107021871
Category : Law
Languages : en
Pages : 267
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Book Description
Neil Duxbury combines analytical legal philosophy and legal history to explore the concept of legislation.
Author: Walter F. Murphy
Publisher: Quid Pro Books
ISBN: 1610273540
Category : Law
Languages : en
Pages : 400
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Book Description
