Author: Hanoch Dagan
Publisher: Oxford University Press
ISBN: 0199359210
Category : Law
Languages : en
Pages : 247
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Book Description
In the myriad choices of interpretation judges face when confronted with rules and cases, legal realists are concerned with how these doctrinal materials carry over into judicial outcomes. What can explain past judicial behavior and predict its future course? How can law constrain judgments made by unelected judges? How can the distinction between law and politics be maintained despite the collapse of law's autonomy in its positivist rendition? In Reconstructing American Legal Realism & Rethinking Private Law Theory, Hanoch Dagan provides an innovative and useful interpretation of legal realism. He revives the legal realists' rich account of law as a growing institution accommodating three sets of constitutive tensions-power and reason, science and craft, and tradition and progress-and demonstrates how the major claims attributed to legal realism fit into this conception of law. Dagan seeks to rein in realist descendants who have become fixated on one aspect of the big picture, and to dispel the misconceptions that those gone astray represent the tradition accurately or that realism is now merely a historical signpost. He draws upon the realist texts of Oliver Wendell Holmes, Karl Llewellyn, and others to explain how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory. Building on this realist conception of law and enriching its texture, Dagan addresses more particular jurisprudential questions. He shows that the realist achievement in capturing law's irreducible complexity is crucial to the reinvigoration of legal theory as a distinct scholarly subject matter, and is also inspiring for a host of other, more specific theoretical topics, such as the rule of law, the autonomy and taxonomy of private law, the relationships between rights and remedies, and the pluralism and perfectionism that typify private law.
Author: Hanoch Dagan
Publisher: Oxford University Press, USA
ISBN: 0199890692
Category : Law
Languages : en
Pages : 247
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Book Description
This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.
Author: Elizabeth Mertz
Publisher: Cambridge University Press
ISBN: 1316495353
Category : Law
Languages : en
Pages : 535
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Book Description
This is the first of two volumes announcing the emergence of the new legal realism as a field of study. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 1 lays the groundwork for this novel and comprehensive approach with an innovative mix of theoretical, historical, pedagogical, and empirical perspectives. Their empirical work covers such wide-ranging topics as the financial crisis, intellectual property battles, the legal disenfranchisement of African-American landowners, and gender and racial prejudice on law school faculties. The methodological blueprint offered here will be essential for anyone interested in the future of law-and-society.
Author: Bartosz Brożek
Publisher: Springer
ISBN: 3319988212
Category : Law
Languages : en
Pages : 183
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Book Description
This edited volume explores ideas of legal realism which emerge through the works of Russian legal philosophers. Apart from the well-known American and Scandinavian versions of legal realism, there also exists a Russian one: readers will discover fresh perspectives and that the collection of early twentieth century ideas on law discussed in Russia can be understood as a unified school of legal thought – as Russian legal realism. These chapters by renowned European and Eastern European legal philosophers add to ongoing discussions about the nature of law, especially in the context of developments around our scientific knowledge about the mind and behaviour. Analyses of legal phenomena carried out by legal realists in Russia offer novel arguments in favour of embracing psychological and sociological perspectives on the law. The book includes analysis of the St. Petersburg school of legal philosophy and Leon Petrażycki’s psychological theory of law. This original and multifaceted research on Russian realists is of considerable value to an international audience. Researchers and postgraduate students of law, legal theory and legal ethics will find the book particularly appealing, but it will also interest those investigating the philosophy or sociology of law, or legal history.
Author: Shyamkrishna Balganesh
Publisher: Cambridge University Press
ISBN: 1108135595
Category : Law
Languages : en
Pages : 553
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Book Description
Wesley Hohfeld is known the world over as the legal theorist who famously developed a taxonomy of legal concepts. His contributions to legal thinking have stood the test of time, remaining relevant nearly a century after they were first published. Yet, little systematic attention has been devoted to exploring the full significance of his work. Beginning with a lucid, annotated version of Hohfeld's most important article, this volume is the first to offer a comprehensive look at the scope, significance, reach, intricacies, and shortcomings of Hohfeld's work. Featuring insights from leading legal thinkers, the book also contains many of Hohfeld's previously unseen personal papers, shedding new light on the complex motivations behind Hohfeld's projects. Together, these selected papers and original essays reveal a portrait of a multifaceted and ambitious intellectual who did not live long enough to see the impact of his ideas on the study of law.
Author: Helge Dedek
Publisher: Routledge
ISBN: 1317050207
Category : Law
Languages : en
Pages : 259
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Book Description
This volume offers a critical analysis and illustration of the challenges and promises of ’stateless’ law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French. Confronting the ’transnational challenge’ posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the seventeen authors of Stateless Law: Evolving Boundaries of a Discipline bring new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of the early twenty-first century. This collection is essential reading for academics, institutions and others involved in determining the future roles, responsibilities and education of jurists, as well as for academics interested in Law, Sociology, Political Science and Education.
Author: Pier G. Monateri
Publisher: Edward Elgar Publishing
ISBN: 1802204458
Category : Law
Languages : en
Pages : 201
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Book Description
This invaluable and timely book provides a comprehensive “Conflict Prevention and Friction Analysis (CPFA) Model” for researching comparative law in our increasingly technology-led legal and economic order. It provides an in-depth examination of practical case studies, showcasing the real-world application of quantitative methods and theoretical approaches for analysing legal issues.
Author: Alberto Brown
Publisher: Taylor & Francis
ISBN: 1040092608
Category : Law
Languages : en
Pages : 255
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Book Description
This book explores the distinction between private and public aspects in competition law and focuses on how the concept of competition is incorporated into the legal framework. Distinguishing between antitrust regulations and competition-related legal rules in private law, such as unfair competition and contract laws, the book also differentiates between the utilitarian and deontological principles that underpin competition regulation. This historical and philosophical approach is used to compare two influential jurisdictions: England and Spain. These legal systems have had a significant impact on the development of legal rules in Common law and Civilian (Latin American) countries, respectively. Through this lens, the book further analyses the concept of "competition" and its value in each legal tradition. This understanding, in turn, helps clarify the scope of competition regulation within antitrust and private law and how the two fields coexist. Additionally, the book examines the role of property law theory in the context of competition regulation. The book will be of interest to students and scholars in the field of competition law, tort law, and legal history.
Author: Markus D. Dubber
Publisher: Oxford University Press
ISBN: 0192513141
Category : Law
Languages : en
Pages : 1201
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Book Description
Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
Author: William W. Fisher, III
Publisher: OUP USA
ISBN: 9780195071238
Category : Law
Languages : en
Pages : 344
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Book Description
A comprehensive, in-depth discussion of the most influential movement in American legal history, and one which remains more than fifty years later the subject of lively debate, this collection of readings, written largely between 1900 and 1940, includes works from prominent writers on the subject that have never before been generally available. Introduced and edited by noted scholars in the field, the anthology includes such contributors as Oliver Wendell Holmes, James Thayer, Roscoe Pound, John Chipman Gray, Wesley Hohfeld, Karl Llewellyn, Arthur Corbin, Nathan Issacs, Robert Hale, Harold Laski, Max Radin, and others. With concise biographical notes as well as introductions to provide historical context, each selection addresses a different debate involving Legal Realism. Included is a selective bibliography, making the text valuable to a broad range of scholars.
