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Author: Thom Brooks
Publisher: BRILL
ISBN: 9004262938
Category : Philosophy
Languages : en
Pages : 348
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Book Description
What is the relation between law and democracy and how might it be improved? What values should inform the body of laws that govern us all? How should we determine crimes from non-crimes? What justifies state punishment, if anything? Law and Legal Theory brings together some of the most important essays in the area of the philosophy of law written by leading, international scholars and offering significant contributions to how we understand law and legal theory to help shape future debates. Contributors include Christopher Bennett, Samantha Besson, Thom Brooks, Brian Butler, Sean Coyle, Rowan Cruft, Leonard Kahn, Richard Lippke, Andrew March, Matt Matravers, Adina Preda, Maria Cristina Redondo, Hanoch Sheinman and Leo Zaibert.
Author: Thom Brooks
Publisher: BRILL
ISBN: 9004262938
Category : Philosophy
Languages : en
Pages : 348
Get Book
Book Description
What is the relation between law and democracy and how might it be improved? What values should inform the body of laws that govern us all? How should we determine crimes from non-crimes? What justifies state punishment, if anything? Law and Legal Theory brings together some of the most important essays in the area of the philosophy of law written by leading, international scholars and offering significant contributions to how we understand law and legal theory to help shape future debates. Contributors include Christopher Bennett, Samantha Besson, Thom Brooks, Brian Butler, Sean Coyle, Rowan Cruft, Leonard Kahn, Richard Lippke, Andrew March, Matt Matravers, Adina Preda, Maria Cristina Redondo, Hanoch Sheinman and Leo Zaibert.
Author: T. Ian McLeod
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 268
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Book Description
Assuming no prior knowledge of philosophy, Legal Theory examines the relationship between law and morality, and places particular emphasis on matters of contemporary debate, such as assisted suicide and animal rights. --Book Jacket.
Author: Julie Dickson
Publisher: Bloomsbury Publishing
ISBN: 1847313086
Category : Law
Languages : en
Pages : 161
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Book Description
If Raz and Dworkin disagree over how law should be characterised,how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover, what is it that makes an account of law successful? Evaluation and Legal Theory tackles methodological or meta-theoretical issues such as these, and does so via attempting to answer the question: to what extent, and in what sense, must a legal theorist make value judgements about his data in order to construct a successful theory of law? Dispelling the obfuscatory myth that legal positivism seeks a 'value-free' account of law, the author attempts to explain and defend Joseph Razs position that evaluation is essential to successful legal theory, whilst refuting John Finnis and Ronald Dworkins contentions that the legal theorist must morally evaluate and morally justify the law in order to properly explain its nature. The book does not claim to solve the many mysteries of meta-legal theory but does seek to contribute to and engender rigorous and focused debate on this topic.
Author: Martha E. Chamallas
Publisher: Aspen Publishing
ISBN: 1454831294
Category : Law
Languages : en
Pages : 732
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Book Description
The leading text in the field, Introduction to Feminist Legal Theory was the first book that served as an introductory survey of feminist jurisprudence. Its historical view of feminist legal theory places issues in social context and thoroughly reviews the evolving paradigms of contemporary feminism from the 1970s through the present. The full range of legal issues affecting women are covered, including gender discrimination, rape, sexual harassment, motherhood, reproductive issues, and much more. Clear, energetic presentation keeps students engaged and involved with succinct overviews, intellectually stimulating material, and jargon-free prose. The Third Edition features up-to-date theories and topics, such as the "autonomy" feminism and "masculinities" theory. Expansion of the current theory-based structure includes the "big three" feminisms described in the previous edition and the "new three" feminisms, which are expanded in the third edition. New applied areas are covered as well, such as transgender legal issues and sex trafficking. While the book remains U.S.-focused, important new material on global and comparative feminism has been added. Throughout the text, students will find discussion about changes in the law since 2003 on issues such as rape, pay equity, sex stereotyping, marriage equality, Title IX, and more. Thoroughly updated, the revised Third Edition presents: Up-to-date theories and topics "autonomy" feminism, "masculinities" theory, "social justice" feminism LGBT and critical race perspectivesa Two-part organization, focusing on chronology and substantive areas of the law that are of particular importance to feminist legal scholars Part one focuses on chronology by examining the three generations of feminist legal theory that have emerged since 1971 the Generation of Equality (1970s) the Generation of Difference (1980s) the Generation of Complex Identities (1990s to present) this part will also include the "new three" feminisms in the 3rd edition (intersectional, autonomy and postmodern feminism) Part two focuses on substantive areas of the law, which fall into three categories economic subordination of women sexual subordination of women motherhood and reproduction Introduction of new applied areas transgender legal issues sex trafficking reproductive justice More material on global and comparative feminism, while remaining U.S.-focused Discussion of changes in the law since 2003 rape domestic violence pay equity torts and tax law same-sex marriage Title IX, and more
Author: Dennis Patterson
Publisher: John Wiley & Sons
ISBN: 1444320122
Category : Law
Languages : en
Pages : 704
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Book Description
The articles in this new edition of A Companion to Philosophy ofLaw and Legal Theory have been updated throughout, and theaddition of ten new articles ensures that the volume continues tooffer the most up-to-date coverage of current thinking inlegal philosophy. Represents the definitive handbook of philosophy of law andcontemporary legal theory, invaluable to anyone with an interest inlegal philosophy Now features ten entirely new articles, covering the areas ofrisk, regulatory theory, methodology, overcriminalization,intention, coercion, unjust enrichment, the rule of law, law andsociety, and Kantian legal philosophy Essays are written by an international team of leadingscholars
Author: Augusto Zimmermann
Publisher:
ISBN: 9780409333183
Category : Jurisprudence
Languages : en
Pages : 0
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Book Description
Western Legal Theory: History, Concepts and Perspectives enable readers to gain a holistic appreciation of the law by presenting a broad collection of ideas concerning the nature of law. The author draws from a number of social disciplines to provide a rounded sense of what law really is and how it should work in society. The text discusses a wide range of theories and theorists, and also traces the historical developments of Western legal thought from ancient times to the present day. With a focus on the historical and contemporary role of philosophy in the interpretation of law, Western Legal Theory: History, Concepts and Perspectives provide a fascinating insight into the development of law and a comprehensive analysis of current legal thought. It is ideal for students of legal theory and jurisprudence, legal history, political philosophy, and legal practitioners and general readers interested in the theories underpinning our legal institutions and framework.
Author: Lewis D. Sargentich
Publisher: Cambridge University Press
ISBN: 1108565301
Category : Law
Languages : en
Pages : 189
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Book Description
In his new book, Lewis D. Sargentich shows how two different kinds of legal argument - rule-based reasoning and reasoning based on principles and policies - share a surprising kinship and serve the same aspiration. He starts with the study of the rule of law in life, a condition of law that serves liberty - here called liberal legality. In pursuit of liberal legality, courts work to uphold people's legal entitlements and to confer evenhanded legal justice. Judges try to achieve the control of reason in law, which is manifest in law's coherence, and to avoid forms of arbitrariness, such as personal moral judgment. Sargentich offers a unified theory of the diverse ways of doing law, and shows that they all arise from the same root, which is a commitment to liberal legality.
Author: Hanoch Dagan
Publisher: Edward Elgar Publishing
ISBN: 1788971620
Category : Law
Languages : en
Pages : 520
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Book Description
This comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law.
Author: R. H. Helmholz
Publisher: Harvard University Press
ISBN: 0674504615
Category : Law
Languages : en
Pages : 246
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Book Description
Natural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.
Author: Ernst-Joachim Mestmäcker
Publisher: Mohr Siebeck
ISBN: 9783161492761
Category : Law
Languages : en
Pages : 72
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Book Description
Ernst-Joachim Mestmacker reviews Richard Posner's and Friedrich A.von Hayek's legal theories. Both are famous for their contributions to law and economics. They are, however, adversaries in their concepts of law and how it is to be informed by economics. Posner finds the only scientific legal theory in the external (economic) analysis of law. With Friedrich von Hayek the role of rules of conduct and legislation is to be determined by the principles that govern a free and competitive order. There are, contrary to Posner, important contributions from legal scholarship, legal history and comparative law.
