Author: Alan Watson
Publisher: A&C Black
ISBN: 9781852850487
Category : Law
Languages : en
Pages : 348
Book Description
Legal Origins and Legal Change
Author: Alan Watson
Publisher: A&C Black
ISBN: 9781852850487
Category : Law
Languages : en
Pages : 348
Book Description
Publisher: A&C Black
ISBN: 9781852850487
Category : Law
Languages : en
Pages : 348
Book Description
Sources of Law, Legal Change, and Ambiguity
Author: Alan Watson
Publisher: University of Pennsylvania Press
ISBN: 151282156X
Category : Law
Languages : en
Pages : 189
Book Description
Why is the law notoriously unclear, arcane, slow to change in the face of changing circumstances? In this sweeping comparative analysis of the lawmaking process from ancient Rome to the present day, Alan Watson argues that the answer has largely to do with the mixed ancestry of modern law, the confusion of sources—custom, legislation, scholarly writing, and judicial precedent—from which it derives.
Publisher: University of Pennsylvania Press
ISBN: 151282156X
Category : Law
Languages : en
Pages : 189
Book Description
Why is the law notoriously unclear, arcane, slow to change in the face of changing circumstances? In this sweeping comparative analysis of the lawmaking process from ancient Rome to the present day, Alan Watson argues that the answer has largely to do with the mixed ancestry of modern law, the confusion of sources—custom, legislation, scholarly writing, and judicial precedent—from which it derives.
The Supreme Court and Legal Change
Author: Lee Epstein
Publisher: Univ of North Carolina Press
ISBN: 0807861294
Category : Law
Languages : en
Pages : 436
Book Description
The authors analyze abortion and death penalty decisions by the Supreme Court and argue that they provide prime examples of abrupt legal change. After proposing that the strength of legal arguments has at least as much impact on Court decisions as do public opinion and justices' political beliefs, they focus on the way litigators propel certain issues onto the Court's agenda and seek to persuade the justices to affect legal change.
Publisher: Univ of North Carolina Press
ISBN: 0807861294
Category : Law
Languages : en
Pages : 436
Book Description
The authors analyze abortion and death penalty decisions by the Supreme Court and argue that they provide prime examples of abrupt legal change. After proposing that the strength of legal arguments has at least as much impact on Court decisions as do public opinion and justices' political beliefs, they focus on the way litigators propel certain issues onto the Court's agenda and seek to persuade the justices to affect legal change.
The Formation and Transmission of Western Legal Culture
Author: Serge Dauchy
Publisher: Springer
ISBN: 3319455672
Category : Law
Languages : en
Pages : 586
Book Description
This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions.
Publisher: Springer
ISBN: 3319455672
Category : Law
Languages : en
Pages : 586
Book Description
This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions.
Law/Society
Author: John Sutton
Publisher: Pine Forge Press
ISBN: 9780761987055
Category : Family & Relationships
Languages : en
Pages : 324
Book Description
A core text for the Law and Society or Sociology of Law course offered in Sociology, Criminal Justice, Political Science, and Schools of Law. * John Sutton offers an explicitly analytical perspective to the subject - how does law change? What makes law more or less effective in solving social problems? What do lawyers do? * Chapter 1 contrasts normative and sociological perspectives on law, and presents a brief primer on the logic of research and inference as it is applied to law related issues. * Theories of legal change are discussed within a common conceptual framework that highlights the explantory strengths and weaknesses of different arguments. * Discussions of "law in action" are explicitly comparative, applying a consistent model to explain the variable outcomes of civil rights legislation. * Many concrete, in-depth examples throughout the chapters.
Publisher: Pine Forge Press
ISBN: 9780761987055
Category : Family & Relationships
Languages : en
Pages : 324
Book Description
A core text for the Law and Society or Sociology of Law course offered in Sociology, Criminal Justice, Political Science, and Schools of Law. * John Sutton offers an explicitly analytical perspective to the subject - how does law change? What makes law more or less effective in solving social problems? What do lawyers do? * Chapter 1 contrasts normative and sociological perspectives on law, and presents a brief primer on the logic of research and inference as it is applied to law related issues. * Theories of legal change are discussed within a common conceptual framework that highlights the explantory strengths and weaknesses of different arguments. * Discussions of "law in action" are explicitly comparative, applying a consistent model to explain the variable outcomes of civil rights legislation. * Many concrete, in-depth examples throughout the chapters.
Common Law, Civil Law, and Colonial Law
Author: William Eves
Publisher: Cambridge University Press
ISBN: 1108960448
Category : History
Languages : en
Pages : 349
Book Description
Common Law, Civil Law, and Colonial Law builds upon the legal historian F.W. Maitland's famous observation that history involves comparison, and that those who ignore every system but their own 'hardly came in sight of the idea of legal history'. The extensive introduction addresses the intellectual challenges posed by comparative approaches to legal history. This is followed by twelve essays derived from papers delivered at the 24th British Legal History Conference. These essays explore patterns in legal norms, processes, and practice across an exceptionally broad chronological and geographical range. Carefully selected to provide a network of inter-connections, they contribute to our better understanding of legal history by combining depth of analysis with historical contextualization. This title is also available as Open Access on Cambridge Core.
Publisher: Cambridge University Press
ISBN: 1108960448
Category : History
Languages : en
Pages : 349
Book Description
Common Law, Civil Law, and Colonial Law builds upon the legal historian F.W. Maitland's famous observation that history involves comparison, and that those who ignore every system but their own 'hardly came in sight of the idea of legal history'. The extensive introduction addresses the intellectual challenges posed by comparative approaches to legal history. This is followed by twelve essays derived from papers delivered at the 24th British Legal History Conference. These essays explore patterns in legal norms, processes, and practice across an exceptionally broad chronological and geographical range. Carefully selected to provide a network of inter-connections, they contribute to our better understanding of legal history by combining depth of analysis with historical contextualization. This title is also available as Open Access on Cambridge Core.
Legal Origin Theory
Author: Simon F. Deakin
Publisher: Edward Elgar Publishing
ISBN: 9780857939098
Category : Law
Languages : en
Pages : 0
Book Description
Collection of articles previously published in various journals.
Publisher: Edward Elgar Publishing
ISBN: 9780857939098
Category : Law
Languages : en
Pages : 0
Book Description
Collection of articles previously published in various journals.
The Medieval Origins of the Legal Profession
Author: James A. Brundage
Publisher: ReadHowYouWant.com
ISBN: 1459605802
Category : History
Languages : en
Pages : 650
Book Description
In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe seven hundred years later during the 1230s when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. James Brundage's The Medieval Origins of the Legal Profession traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church. By the end of the eleventh century, Brundage argues, renewed interest in Roman law combined with the rise of canon law of the Western church to trigger a series of consolidations in the profession. New legal procedures emerged, and formal training for proctors and advocates became necessary in order to practice law in the reorganized church courts. Brundage demonstrates that many features that characterize legal advocacy today were already in place by 1250, as lawyers trained in Roman and canon law became professionals in every sense of the term. A sweeping examination of the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict, The Medieval Origins of the Legal Profession will be a resource for the professional and the student alike.
Publisher: ReadHowYouWant.com
ISBN: 1459605802
Category : History
Languages : en
Pages : 650
Book Description
In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe seven hundred years later during the 1230s when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. James Brundage's The Medieval Origins of the Legal Profession traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church. By the end of the eleventh century, Brundage argues, renewed interest in Roman law combined with the rise of canon law of the Western church to trigger a series of consolidations in the profession. New legal procedures emerged, and formal training for proctors and advocates became necessary in order to practice law in the reorganized church courts. Brundage demonstrates that many features that characterize legal advocacy today were already in place by 1250, as lawyers trained in Roman and canon law became professionals in every sense of the term. A sweeping examination of the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict, The Medieval Origins of the Legal Profession will be a resource for the professional and the student alike.
Americanization of the Common Law
Author: William Edward Nelson
Publisher: University of Georgia Press
ISBN: 0820315877
Category : Law
Languages : en
Pages : 301
Book Description
Americanization of the Common Law remains one of the standard works on the transformation of law in America from the late colonial period to the end of the early republic. In a straightforward manner, William E. Nelson analyzes the profound ideological movement that grew out of the American Revolution and caused substantial structural change in the legal and social order of Massachusetts and, by extension, in the nation at large. The Revolution, Nelson argues, transformed a hierarchical and communitarian legal and social order into an egalitarian and individualistic one. For this edition, Nelson has written a new preface in which he discusses the book's initial reception and the relevant historiographical issues that have arisen since it was first published in 1975.
Publisher: University of Georgia Press
ISBN: 0820315877
Category : Law
Languages : en
Pages : 301
Book Description
Americanization of the Common Law remains one of the standard works on the transformation of law in America from the late colonial period to the end of the early republic. In a straightforward manner, William E. Nelson analyzes the profound ideological movement that grew out of the American Revolution and caused substantial structural change in the legal and social order of Massachusetts and, by extension, in the nation at large. The Revolution, Nelson argues, transformed a hierarchical and communitarian legal and social order into an egalitarian and individualistic one. For this edition, Nelson has written a new preface in which he discusses the book's initial reception and the relevant historiographical issues that have arisen since it was first published in 1975.
Logic and Experience
Author: William P. LaPiana
Publisher: Oxford University Press
ISBN: 019535995X
Category : Law
Languages : en
Pages : 265
Book Description
The 19th century saw dramatic changes in the legal education system in the United States. Before the Civil War, lawyers learned their trade primarily through apprenticeship and self-directed study. By the end of the 19th century, the modern legal education system which was developed primarily by Dean Christopher Langdell at Harvard was in place: a bachelor's degree was required for admission to the new model law school, and a law degree was promoted as the best preparation for admission to the bar. William P. LaPiana provides an in-depth study of the intellectual history of the transformation of American legal education during this period. In the process, he offers a revisionist portrait of Langdell, the Dean of Harvard Law School from 1870 to 1900, and the earliest proponent for the modern method of legal education, as well as portraying for the first time the opposition to the changes at Harvard.
Publisher: Oxford University Press
ISBN: 019535995X
Category : Law
Languages : en
Pages : 265
Book Description
The 19th century saw dramatic changes in the legal education system in the United States. Before the Civil War, lawyers learned their trade primarily through apprenticeship and self-directed study. By the end of the 19th century, the modern legal education system which was developed primarily by Dean Christopher Langdell at Harvard was in place: a bachelor's degree was required for admission to the new model law school, and a law degree was promoted as the best preparation for admission to the bar. William P. LaPiana provides an in-depth study of the intellectual history of the transformation of American legal education during this period. In the process, he offers a revisionist portrait of Langdell, the Dean of Harvard Law School from 1870 to 1900, and the earliest proponent for the modern method of legal education, as well as portraying for the first time the opposition to the changes at Harvard.