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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: 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: Rudolf von Jhering
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 560
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Book Description
Author: Rudolf von Jhering
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584770090
Category : Law
Languages : en
Pages : 548
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Book Description
Jhering, Rudolph von. Law as a Means to an End. Translated from the German by Isaac Husik with an Editorial Preface by Joseph H. Drake and with Introductions by Henry Lamm and W.M. Geldart. Boston: The Boston Book Company, 1913. lxi, 483 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-23754. ISBN 1-58477-009-0. Cloth. $80. * Originally published as Volume V of the Modern Legal Philosophy Series. Influential landmark of nineteenth century jurisprudence on which the modern concept of social utilitarianism is based. Jhering [1818-1892] advances the idea that law should be used to realize social justice. The Struggle for Law, another Jhering classic, is also available as a reprint published by The Lawbook Exchange.
Author: Arthur Ripstein
Publisher: Harvard University Press
ISBN: 0674054512
Category : Philosophy
Languages : en
Pages : 416
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Book Description
In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
Author: Johann Caspar Bluntschli
Publisher:
ISBN:
Category : State, The
Languages : en
Pages : 588
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Book Description
Author: Robert Audi
Publisher: Oxford University Press, USA
ISBN: 0190251557
Category : Philosophy
Languages : en
Pages : 193
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Book Description
This book is a full-scale account of the morally important ideas of treating persons merely as means and treating them as ends. Audi clarifies these independently of Kant, but with implications for understanding him, and presents a theory of conduct that enhances their usefulness both in ethical theory and in practical ethics.
Author: Roscoe Pound
Publisher:
ISBN: 9780865973251
Category : Jurisprudence
Languages : en
Pages : 0
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Book Description
Roscoe Pound, former dean of Harvard Law School, delivered a series of lectures at the University of Calcutta in 1948. In these lectures, he criticized virtually every modern mode of interpreting the law because he believed the administration of justice had lost its grounding and recourse to enduring ideals. Now published in the U.S. for the first time, Pound's lectures are collected in Liberty Fund's The Ideal Element in Law, Pound's most important contribution to the relationship between law and liberty. The Ideal Element in Law was a radical book for its time and is just as meaningful today as when Pound's lectures were first delivered. Pound's view of the welfare state as a means of expanding government power over the individual speaks to the front-page issues of the new millennium as clearly as it did to America in the mid-twentieth century. Pound argues that the theme of justice grounded in enduring ideals is critical for America. He views American courts as relying on sociological theories, political ends, or other objectives, and in so doing, divorcing the practice of law from the rule of law and the rule of law from the enduring ideal of law itself. Roscoe Pound is universally recognized as one of the most important legal minds of the early twentieth century. Considered by many to be the dean of American jurisprudence, Pound was a former Justice of the Supreme Court of Nebraska and served as dean of Harvard Law School from 1916 to 1936. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.
Author: O. Carter Snead
Publisher:
ISBN: 0674987721
Category : Law
Languages : en
Pages : 337
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Book Description
American law assumes that individuals are autonomous, defined by their capacity to choose, and not obligated to each other. But our bodies make us vulnerable and dependent, and the law leaves the weakest on their own. O. Carter Snead argues for a paradigm that recognizes embodiment, enabling law and policy to provide for the care that people need.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Rudolf von Jhering
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 212
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Book Description
