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Author: Kenneth M. Ehrenberg
Publisher: Oxford University Press
ISBN: 019166846X
Category : Law
Languages : en
Pages : 241
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Book Description
What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities.
Author: Kenneth M. Ehrenberg
Publisher: Oxford University Press
ISBN: 019166846X
Category : Law
Languages : en
Pages : 241
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Book Description
What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities.
Author: Hersch Lauterpacht
Publisher: OUP Oxford
ISBN: 0191018465
Category : Law
Languages : en
Pages : 1759
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Book Description
The Function of Law in the International Community, first published in 1933, is one of the seminal works on international law. Its author, Sir Hersch Lauterpacht, is widely considered to be one of the great international lawyers of the 20th century. It continues to influence those studying and working in international law today. This republication once again makes this book available to scholars and students in the field. It features a new introduction by Professor Martti Koskenniemi, examining the world in which the Function of Law was originally published and the lasting legacy of this classic work.
Author: Martin Partington
Publisher: Oxford University Press
ISBN: 0198852924
Category : Law
Languages : en
Pages : 382
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Book Description
Introduction to the English Legal System is the ideal foundation for those coming new to the study of law. Writing in a highly engaging and accessible style, Martin Partington introduces the purposes and functions of English law, the law-making process, and the machinery of justice, while also challenging assumptions and exploring current debates. Consolidating over 40 years' experience in the law, Martin Partington examines beliefs about the English legal system, and encourages students to question how far it meets the growing demands placed on it. Incorporating all the latest developments, this concise introduction brings law and the legal system to life. Digital formats and resources: This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources include questions for reflection and discussion; self-test questions; a glossary; further reading materials; web links; and a link to Martin Partington's blog, which covers key developments in the English justice system.
Author: Harold Joseph Berman
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 696
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Book Description
Author: Jens Meierhenrich
Publisher: Cambridge University Press
ISBN: 1108620175
Category : Law
Languages : en
Pages : 715
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Book Description
The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world's most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century.
Author: Robert S. Summers
Publisher: Cambridge University Press
ISBN: 1139448870
Category : Law
Languages : en
Pages : 422
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Book Description
This book addresses three major questions about law and legal systems: (1) What are the defining and organising forms of legal institutions, legal rules, interpretative methodologies, and other legal phenomena? (2) How does frontal and systematic focus on these forms advance understanding of such phenomena? (3) What credit should the functions of forms have when such phenomena serve policy and related purposes, rule of law values, and fundamental political values such as democracy, liberty, and justice? This book seeks to offer general answers to these questions and thus gives form in the law its due. The answers not only provide articulate conversancy with the subject but also reveal insights into the nature of law itself, the oldest and foremost problem in legal theory and allied subjects.
Author: Jan Anne Vos
Publisher: Springer Science & Business Media
ISBN: 9067048615
Category : Law
Languages : en
Pages : 300
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Book Description
This book addresses fundamental aspects of the concept of public international law in both theory and practice. The argument developed by the author is that, underlying the traditional, horizontal, structure of public international law, a vertical structure of the concept of law may be discerned. This vertical structure is seen unfolding into two, mutually exclusive, frameworks: a framework of obligation, accounting for obligations, and a framework of authorization, accounting for rights. The problem then arising is that a concept of public international law which only admits either rights or obligations cannot be regarded as coherent. The author, however, takes and substantiates the position that coherence can be achieved by suppressing the mutual exclusivity of both frameworks. This move paves the way to formulating the function of public international law in terms of the constituting of international society. Since in public international law the theoretical aspects profoundly affect practice, this book is not only of interest to academics, but also for practitioners, such as officials of foreign offices and international institutions.
Author: Kevin M. Clermont
Publisher: Aspen Publishing
ISBN: 1454860294
Category : Law
Languages : en
Pages : 1081
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Book Description
Law for Society: Nature, Functions, and Limits offers an illuminating conceptual framework that looks at five basic legal instruments with which the law addresses the problems and goals of society. For any Introduction to Law course or as secondary reading in political science, criminal justice, or general studies, Law for Society breaks down the very concept of law to answer the questions: What is law? How does law work? What can law do and not do? The book addresses the nature of law, its problem-solving functions, and the limits on what law can accomplish.
Author: Alison Burke
Publisher:
ISBN: 9781636350684
Category :
Languages : en
Pages :
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Book Description
Author: Julius Stone
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
