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Author: Brian Z. Tamanaha
Publisher: Oxford Socio-Legal Studies
ISBN: 9780199244669
Category : Law
Languages : en
Pages : 298
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Book Description
Law is generally understood to be a mirror of society that functions to maintain social order. Focusing on this general understanding, this text conducts a survey of Western legal and social theories about law and its relationship within society.
Author: Brian Z. Tamanaha
Publisher: Oxford Socio-Legal Studies
ISBN: 9780199244669
Category : Law
Languages : en
Pages : 298
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Book Description
Law is generally understood to be a mirror of society that functions to maintain social order. Focusing on this general understanding, this text conducts a survey of Western legal and social theories about law and its relationship within society.
Author: Kermit L. Hall
Publisher: Oxford University Press, USA
ISBN: 9780195081800
Category : Law
Languages : en
Pages : 0
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Book Description
Now in a new edition with extensive updates by Peter Karsten, The Magic Mirror chronicles American law from its English origins to the present. It offers comprehensive treatment of twentieth-century developments and sets American law and legal institutions in the broad context of social,economic, and political events, weaving together themes from the history of both constitutional and private law. This edition of The Magic Mirror features additional coverage of resistance to law through U.S. history, the customary law of self-governing bodies, and Native Americans. It also hasupdated coverage for law in society, the legal implications of social change in areas such as criminal justice, the rights of women, blacks, the family, and children. It further examines regional differences in American legal culture, the creation of the administrative and security states, thedevelopment of American federalism, and the rise of the legal profession. The Magic Mirror pays close attention to the evolution of substantive law categories--such as contracts, torts, negotiable instruments, real property, trusts and estates, and civil procedure--and addresses the intellectualevolution of American law, surveying movements such as legal realism and critical legal studies. The authors conclude that over its history American law has been remarkably fluid, adapting in form and substance to each successive generation without ever fully resolving the underlying social andeconomic conflicts that first provoke demands for legal change.
Author: Theodore Ziolkowski
Publisher: Princeton University Press
ISBN: 9780691114705
Category : Law
Languages : en
Pages : 340
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Book Description
This text addresses a group of influential literary works that reflect momentous crises in the evolution of Western law, including the transition from prelegal to legal society, the Christianization of Germanic customary law, the conflict between customary & Roman law, & the modern rise of skepticism.
Author: Kathleen Moore
Publisher: Oxford University Press
ISBN: 0199741840
Category : Religion
Languages : en
Pages : 208
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Book Description
Today there are more Muslims living in diaspora than at any time in history. This situation was not envisioned by Islamic law, which makes no provision for permanent as opposed to transient diasporic communities. Western Muslims are therefore faced with the necessity of developing an Islamic law for Muslim communities living in non-Muslim societies. In this book, Kathleen Moore explores the development of new forms of Islamic law and legal reasoning in the US and Great Britain, as well the Muslims encountering Anglo-American common law and its unfamiliar commitments to pluralism and participation, and to gender, family, and identity. The underlying context is the aftermath of 9/11 and 7/7, the two attacks that arguably recast the way the West views Muslims and Islam. Islamic jurisprudence, Moore notes, contains a number of references to various 'abodes' and a number of interpretations of how Muslims should conduct themselves within those worlds. These include the dar al harb (house of war), dar al kufr (house of unbelievers), and dar al salam (house of peace). How Islamic law interprets these determines the debates that take shape in and around Islamic legality in these spaces. Moore's analysis emphasizes the multiplicities of law, the tensions between secularism and religiosity. She is the first to offer a close examination of the emergence of a contingent legal consciousness shaped by the exceptional circumstances of being Muslim in the U.S and Britain in the 1990s and the first decade of the 21st century
Author: Robin West
Publisher: Cambridge University Press
ISBN: 1139504126
Category : Political Science
Languages : en
Pages : 221
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Book Description
Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.
Author:
Publisher: University of Pennsylvania Press
ISBN: 081229128X
Category : History
Languages : en
Pages : 276
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Book Description
The Sachsenspiegel, or Saxon Mirror, compiled in 1235 by Eike von Repgow, may be said to mark the beginning of vernacular German jurisprudence. For the first time, Maria Dobozy offers an English translation of this influential lawbook, the oldest, and most important, set of customary law in the German language. This lawbook with its amendments marks a major shift in the history of German law from purely oral authority and transmission to a written documentation that allowed greater consistency in legal procedure. The reception of the lawbook was vast. It was rapidly adapted across Germany, as the four hundred manuscript versions demonstrate. Beyond Germany, it was copied as the paradigm for lawbooks in Prussia, Silesia, Poland, Ukraine, Hungary, and Bohemia. These codes of law became the standard for over three hundred years. The Sachsenspiegel contains a compilation of the legal practices at the time in Saxony, an ethnically mixed territory, and encompasses the legal customs and procedures that regulated the daily life of peasants and landlords. It is a multidimensional resource for anyone seeking insight into German and Central European culture in art, literature, linguistics, literacy, law, ethnic diversity, women, and the Bible.
Author: Hans Kelsen
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771011
Category : Law
Languages : en
Pages : 406
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Book Description
Kelsen, Hans. What is Justice? Justice, Law and Politics in the Mirror of Science. Berkeley: University of California Press, 1957. [vi], 397 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. ISBN 1-58477-101-1. Cloth. New. $95. * Through the lens of science, Kelsen proposes a dynamic theory of natural law, examines Platonic and Aristotelian doctrines of justice, the idea of justice as found in the holy scriptures, and defines justice as "...that social order under whose protection the search for truth can prosper. 'My' justice, then, is the justice of freedom, the justice of peace, the justice of democracy-the justice of tolerance." (p. 24).
Author: Osvaldo Cavallar
Publisher: University of Toronto Press
ISBN: 1487536348
Category : History
Languages : en
Pages : 894
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Book Description
Jurists and Jurisprudence in Medieval Italy is an original collection of texts exemplifying medieval Italian jurisprudence, known as the ius commune. Translated for the first time into English, many of the texts exist only in early printed editions and manuscripts. Featuring commentaries by leading medieval civil law jurists, notably Azo Portius, Accursius, Albertus Gandinus, Bartolus of Sassoferrato, and Baldus de Ubaldis, this book covers a wide range of topics, including how to teach and study law, the production of legal texts, the ethical norms guiding practitioners, civil and criminal procedures, and family matters. The translations, together with context-setting introductions, highlight fundamental legal concepts and practices and the milieu in which jurists operated. They offer entry points for exploring perennial subjects such as the professionalization of lawyers, the tangled relationship between law and morality, the role of gender in the socio-legal order, and the extent to which the ius commune can be considered an autonomous system of law.
Author: Alberto Febbrajo
Publisher: Taylor & Francis
ISBN: 1351040324
Category : Law
Languages : en
Pages : 443
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Book Description
This volume addresses the pluralistic identity of the legal order. It argues that the mutual reflexivity of the different ways society perceives law and law perceives society eclipses the unique formal identity of written law. It advances a distinctive approach to the plural ways in which legal cultures work in a modern society, through the metaphor of the mirror. As a mirror of society, it distinguishes between the structure and function of legal culture within the legal system, and the external representation of law in society. This duality is further problematized in relation to the increasing transnationalisation of law. Based on a multi-level interpretation of the concept of legal culture, the work is divided into three parts: the first addresses the mutual reflections of social and legal norms that support a pluralist representation of internal legal cultures, the second concentrates on the external legal cultures that constantly enable pragmatic adjustments of the legal order to its social environment, and the third concludes the book with a theoretical discussion of the issues presented.
Author: Samuel Freiherr von Pufendorf
Publisher:
ISBN: 9780865976191
Category : Philosophy
Languages : en
Pages : 425
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Book Description
This was Pufendorf's first work, published in 1660. Its appearance effectively inaugurated the modern natural-law movement in the German-speaking world. The work also established Pufendorf as a key figure and laid the foundations for his major works, which were to sweep across Europe and North America. Pufendorf rejected the concept of natural rights as liberties and the suggestion that political government is justified by its protection of such rights, arguing instead for a principled limit to the state's role in human life.
