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Author: Marc Lange
Publisher: Oxford University Press
ISBN: 019974503X
Category : Philosophy
Languages : en
Pages : 277
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Book Description
What distinguishes laws of nature from ordinary facts? What are the "lawmakers": the facts in virtue of which the laws are laws? How can laws be necessary, yet contingent? Lange provocatively argues that laws are distinguished by their necessity, which is grounded in primitive subjunctive facts, while also providing a non-technical and accessible survey of the field.
Author: Marc Lange
Publisher: Oxford University Press
ISBN: 019974503X
Category : Philosophy
Languages : en
Pages : 277
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Book Description
What distinguishes laws of nature from ordinary facts? What are the "lawmakers": the facts in virtue of which the laws are laws? How can laws be necessary, yet contingent? Lange provocatively argues that laws are distinguished by their necessity, which is grounded in primitive subjunctive facts, while also providing a non-technical and accessible survey of the field.
Author: David M. Rabban
Publisher: Cambridge University Press
ISBN: 1139788736
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: Angela Fernandez
Publisher: Bloomsbury Publishing
ISBN: 184731922X
Category : Law
Languages : en
Pages : 262
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Book Description
'Law Books in Action: Essays on the Anglo-American Legal Treatise' explores the history of the legal treatise in the common law world. Rather than looking at treatises as shortcuts from 'law in books' to 'law in action', the essays in this collection ask what treatises can tell us about what troubled legal professionals at a given time, what motivated them to write what they did, and what they hoped to achieve. This book, then, is the first study of the legal treatise as a 'law book in action', an active text produced by individuals with ideas about what they wanted the law to be, not a mere stepping-stone to codes and other forms of legal writing, but a multifaceted genre of legal literature in its own right, practical and fanciful, dogmatic and ornamental in turn. This book will be of interest to legal scholars, lawyers and judges, as well as to anyone else with a scholarly interest in law in general, and legal history in particular.
Author: Oliver Wendell Holmes (Jr.)
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 36
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Book Description
Author: James R. Hackney Jr.
Publisher: Duke University Press
ISBN: 0822389711
Category : Law
Languages : en
Pages : 261
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Book Description
For more than two decades, the law and economics movement has been one of the most influential and controversial schools of thought in American jurisprudence. In this authoritative intellectual history, James R. Hackney Jr. situates the modern law and economics movement within the trajectory of American jurisprudence from the early days of the Republic to the present. Hackney is particularly interested in the claims of objectivity or empiricism asserted by proponents of law and economics. He argues that the incorporation of economic analysis into legal decision making is not an inherently objective enterprise. Rather, law and economics often cloaks ideological determinations—particularly regarding the distribution of wealth—under the cover of science. Hackney demonstrates how legal-economic thought has been affected by the prevailing philosophical ideas about objectivity, which have in turn evolved in response to groundbreaking scientific discoveries. Thus Hackney’s narrative is a history not only of law and economics but also of select strands of philosophy and science. He traces forward from the seventeenth-century the interaction of legal thinking and economic analysis with ideas about the attainability of certitude. The principal legal-economic theories Hackney examines are those that emerged from classical legal thought, legal realism, law and neoclassical economics, and critical legal studies. He links these theories respectively to formalism, pragmatism, the analytic turn, and neopragmatism/postmodernism, and he explains how each of these schools of philosophical thought was influenced by specific scientific discoveries: Newtonian physics, Darwin’s theory of evolution, Einstein’s theories of relativity, and quantum mechanics. Under Cover of Science challenges claims that the contemporary law and economics movement is an objective endeavor by historicizing ideas about certitude and empiricism and their relation to legal-economic thought.
Author: Angela M. Leonard
Publisher: Greenwood
ISBN:
Category : History
Languages : en
Pages : 280
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Book Description
One of the best known consensus or synthesis historians, Daniel J. Boorstin crosses disciplinary boundaries by writing about universities and students, lawyers and historians, history of science and everyday phenomena, material and popular culture, libraries and literacy, film and theater, statistics and words, airwaves and highways, and generally speaking, the past, present, and world to come. This bibliography brings together works by and about Boorstin, showing the volume, range, and importance of his contribution to the study of American history. With more than 1,300 entries, the bibliography records a history of Daniel Boorstin in print and non-print from 1930 to 1999. It covers a multitude of types of entries, including monographs, book reviews by and about Boorstin, newspaper and scholarly articles, manuscript and archival material, videocassettes, sound reels, Websites, and CD-ROMs. Entries are selectively annotated, in many instances using direct quotes from Boorstin, to give the reader a snapshot understanding of the works cited. This book will be the definitive Boorstin bibliography.
Author: Iain Hampsher-Monk
Publisher: Routledge
ISBN: 1351941682
Category : Philosophy
Languages : en
Pages : 507
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Book Description
Edmund Burke’s iconic stance against the French Revolution and its supposed Enlightenment inspiration, has ensured his central role in debates about the nature of modernity and freedom. It has now been rendered even more complex by post-modern radicalism’s repudiation of the Enlightenment as repressive and its reason as illusionary. Not only did Burke’s own work cover a huge range - from aesthetics through history to constitutional politics and political theory - it has generated an enormous literature drawing on many disciplines, as well as continuing to be recruited in a range of contemporary polemics. In Edmund Burke, Iain Hampsher Monk presents a representative selection of articles and essays from the last 50 years of this scholarship. His introduction provides a brief biography and seeks to guide the reader through the chosen pieces as well as indicating its relationship to other and more substantial studies that form the critical heritage of this major figure.
Author: Daniel J. Boorstin
Publisher: University of Chicago Press
ISBN: 0226064980
Category : Political Science
Languages : en
Pages : 289
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Book Description
Referred to as the "bible of American lawyers," Blackstone's Commentaries on the Laws of England shaped the principles of law in both England and America when its first volume appeared in 1765. For the next century that law remained what Blackstone made of it. Daniel J. Boorstin examines why Commentaries became the most essential knowledge that any lawyer needed to acquire. Set against the intellectual values of the eighteenth century-and the notions of Reason, Nature, and the Sublime—Commentaries is at last fitted into its social setting. Boorstin has provided a concise intellectual history of the time, illustrating all the elegance, social values, and internal contradictions of the Age of Reason.
Author: Anthony Musson
Publisher: Cambridge University Press
ISBN: 1107014492
Category : Law
Languages : en
Pages : 331
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Book Description
The first book to address the way that the broad and inclusive subject of legal history is researched and written.
Author: Michael H. Hoeflich
Publisher: University of Georgia Press
ISBN: 0820318396
Category : Law
Languages : en
Pages : 221
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Book Description
Seeking to fill a gap in our knowledge of the legal history of the nineteenth century, this volume studies the influence of Roman and civil law upon the development of common law jurisdictions in the United States and in Great Britain. M. H. Hoeflich examines the writings of a variety of prominent Anglo-American legal theorists to show how Roman and civil law helped common law thinkers develop their own theories. Intellectual leaders in law in the United States and Great Britain used Roman and civil law in different ways at different times. The views of these lawyers were greatly respected even by nonlawyers, and most of them wrote to influence a wider public. By filling in the gaps in the history of jurisprudence, this volume also provides greater understanding of the development of Anglo-American culture and society.
