Jurisprudence in the Mirror PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Jurisprudence in the Mirror PDF full book. Access full book title Jurisprudence in the Mirror by Luka Burazin. Download full books in PDF and EPUB format.
Author: Luka Burazin
Publisher: Oxford University Press
ISBN: 019269510X
Category : Law
Languages : en
Pages : 532
Get Book Here
Book Description
There is something quite puzzling about the global conversation on jurisprudence. On the one hand, jurisprudence is supposed to deal with abstract questions concerning the nature, structure, and distinctive features of the law. These questions are not tightly associated with, or dependent on, the particular legal practices in one jurisdiction or another. But, on the other hand, it seems that jurisprudents are tacitly affected by their background institutional context: there is an evident divide between theorizing about the law in the civil law world and in the common law world. Jurisprudence in the Mirror: The Common Law World Meets the Civil Law World systematically presents the major achievements of contemporary civil law jurisprudence to the common law world and bridges the gap in analytic jurisprudence as it is currently practiced in the two traditions. The volume seeks to bring different voices to the table and overcome the cultural and linguistic divides that have created barriers in philosophical exchanges. The book's structure is dialogical: it includes twelve essays written by prominent and influential jurisprudents from the civil law world, each followed by a response by a jurisprudent from the common law world. This approach highlights what the two worlds share, where they part ways, and why. The varied contributions reveal how their respective legal traditions shape fundamental legal concepts and jurisprudential debates and will be invaluable to readers from both the civil and common law worlds.
Author: Luka Burazin
Publisher: Oxford University Press
ISBN: 019269510X
Category : Law
Languages : en
Pages : 532
Get Book Here
Book Description
There is something quite puzzling about the global conversation on jurisprudence. On the one hand, jurisprudence is supposed to deal with abstract questions concerning the nature, structure, and distinctive features of the law. These questions are not tightly associated with, or dependent on, the particular legal practices in one jurisdiction or another. But, on the other hand, it seems that jurisprudents are tacitly affected by their background institutional context: there is an evident divide between theorizing about the law in the civil law world and in the common law world. Jurisprudence in the Mirror: The Common Law World Meets the Civil Law World systematically presents the major achievements of contemporary civil law jurisprudence to the common law world and bridges the gap in analytic jurisprudence as it is currently practiced in the two traditions. The volume seeks to bring different voices to the table and overcome the cultural and linguistic divides that have created barriers in philosophical exchanges. The book's structure is dialogical: it includes twelve essays written by prominent and influential jurisprudents from the civil law world, each followed by a response by a jurisprudent from the common law world. This approach highlights what the two worlds share, where they part ways, and why. The varied contributions reveal how their respective legal traditions shape fundamental legal concepts and jurisprudential debates and will be invaluable to readers from both the civil and common law worlds.
Author: Theodore Ziolkowski
Publisher: Princeton University Press
ISBN: 9780691114705
Category : Law
Languages : en
Pages : 340
Get Book Here
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: Brian Z. Tamanaha
Publisher: Oxford Socio-Legal Studies
ISBN: 9780199244669
Category : Law
Languages : en
Pages : 298
Get Book Here
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: Hans Kelsen
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771011
Category : Law
Languages : en
Pages : 406
Get Book Here
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:
Publisher: University of Pennsylvania Press
ISBN: 081229128X
Category : History
Languages : en
Pages : 276
Get Book Here
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: Professor Roger Cotterrell
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409493105
Category : Law
Languages : en
Pages : 214
Get Book Here
Book Description
This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal studies on the one hand and legal philosophy on the other. It is suggested that the concept of law must be re-considered. Law has to be seen today not just as the law of the nation state, or international law that links nation states, but also as transnational law in many forms. A legal pluralist approach is not just a matter of redefining law in legal theory; it also recognizes that law's authority comes from a plurality of diverse, sometimes conflicting, social sources. The book suggests that the social environment in which law operates must also be rethought, with many implications for comparative legal studies. The nature and boundaries of culture become important problems, while the concept of multiculturalism points to the cultural diversity of populations and to problems of fragmentation, or perhaps to new kinds of unity of the social. Theories of globalization raise a host of issues about the integrity of societies and about the need to understand social networks and forces that extend beyond the political societies of nation states. Through a range of specific studies, closely interrelated and building on each other, the book seeks to integrate the sociology of law with other kinds of legal analysis and engages directly with current juristic debates in legal theory and comparative law.
Author: Robin West
Publisher: Cambridge University Press
ISBN: 1139504126
Category : Political Science
Languages : en
Pages : 221
Get Book Here
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: Alberto Febbrajo
Publisher: Taylor & Francis
ISBN: 1351040324
Category : Law
Languages : en
Pages : 443
Get Book Here
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: Valerio Massimo Minale
Publisher: Dykinson S.L.
ISBN: 8413243084
Category : Law
Languages : en
Pages : 596
Get Book Here
Book Description
The collection of essays presented here examines the links forged through the ages between the realm of law and the expressions of the humanistic culture.We collected thirty-five essays by international scholars and organized them into sections of ten chapters based around ten different themes. Two main perspectives emerged: in some articles the topic relates to the conventional approach of law and/in humanities (iconography, literature, architecture, cinema, music), other articles are about more traditional connections between fields of knowledge (in particular, philosophy, political experiences, didactics).We decided not to confine authors to one particular methodological framework, preferring instead to promote historiographical openness. Our intention was to create a patchwork of different approaches, with each article drawing on a different area of culture to provide a new angle to the history being told. The variety of authorial nationalities gives the collection a multicultural character and the breadth of the chronological period it deals with from antiquity to the contemporary age adds further depth of insight.As the element that unites the collection is historiographical interpretation, we wanted to bring to the fore its historical depth. Thus for every chapter we organized the articles in chronological order according to the historical context covered.Looking at the final outcome, it was interesting to learn that more often than not the connection between law and humanities is not simply a relation between a specific branch of the law and a single field of the humanities, but rather a relation that could be developed in many directions at once, involving different fields of knowledge, and of arts and popular culture.We are grateful to Luigi Lacchè for his contribution to this collection. His essay outlines the coordinates of the law and humanities world, laying out the instruments necessary for an understanding of the origins of a complex methodology and the different approaches that exist within it.This project is the result of discussions that took place during the XXIII Forum of the Association of Young Legal Historians held in Naples in the spring of 2017. The book was made possible thanks to the advice and support of Cristina Vano.The Editors
Author: Osvaldo Cavallar
Publisher: University of Toronto Press
ISBN: 1487536348
Category : History
Languages : en
Pages : 894
Get Book Here
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.
