Fundamental Legal Conceptions as Applied in Judicial Reasoning, and Other Legal Essays PDF Download
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Author: Wesley Newcomb Hohfeld
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 122
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Book Description
Author: Wesley Newcomb Hohfeld
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 122
Get Book Here
Book Description
Author: Susan L. Crockin
Publisher: Johns Hopkins University Press
ISBN: 9780801893889
Category : Medical
Languages : en
Pages : 0
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Book Description
Written by a medical and a legal pioneer in the field, this book comprehensively reviews and analyzes the evolving law and policy issues surrounding assisted reproductive technologies. Dr. Howard W. Jones, Jr., founder of the first in vitro fertilization program in the United States, offers medical commentary, while attorney Susan L. Crockin, author of the column "Legally Speaking" in ASRM News (the newsletter of the American Society for Reproductive Medicine), provides legal analysis. The book opens with a legal primer and timelines sketching the medical and legal milestones in the history of reproductive technology and law. Each chapter provides a case-by-case discussion of the relevant law, as well as cogent medical and legal commentary and analysis on a particular substantive area. Chapter topics deal with a vast array of issues, including artificial insemination, sperm and egg donation, traditional and gestational surrogacy, posthumous reproduction, same-sex parentage, genetics, cryopreservation and embryo litigation, discrimination and access to reproductive care, professional liability, stem cell research, and abortion. In discussing the medical and legal issues surrounding these topics, Crockin and Jones reveal what has gone right and what at times has gone terribly wrong for both the families and the professionals involved. They make clear that technological advancements have far outpaced the laws and policies in place to protect all who use them. This book makes a timely contribution to current debates over the legal and policy issues raised by the highly publicized birth of octuplets in California and the embryo legislation activity taking place in many states. It offers information and insight to policymakers, medical and legal professionals, patients and other participants, and everyone else interested in the history and future direction of the field.
Author: David Campbell
Publisher:
ISBN: 9781138254718
Category : Law
Languages : en
Pages : 0
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Book Description
Wesley Newcomb Hohfeld, born in 1879, died prematurely in 1918. He left only a few law journal articles as his published work. His 'Fundamental Legal Conceptions', originally published as two articles in the 'Yale Law Journal' for 1913 and 1917 and left incompletely revised at his death is, however, one of the principal foundations of analytic jurisprudence. The analysis of rights that Hohfeld offers is still regularly cited and relied upon by both lawyers and philosophers, and it is treated as a source of insight into the nature of moral rights as well as the legal rights that were Hohfeld's own focus of concern. Although some of his analytical distinctions were anticipated by earlier jurists, their insights were fragmentary and imperfect by comparison. Hohfeld's systematic and exhaustive (yet concise) treatment is generally regarded as unsurpassed. This is not to say that he has not been criticized, but his book forms the essential starting point for any discussion of the nature and structure of rights. 'Fundamental Legal Conceptions' has long been difficult to obtain. This new edition makes this classic of analytic jurisprudence available with a comprehensive introduction by Dr. N.E. Simmonds of Corpus Christi, University of Cambridge, UK.
Author: Shyamkrishna Balganesh
Publisher: Cambridge University Press
ISBN: 1107192889
Category : Law
Languages : en
Pages : 553
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Book Description
With newly uncovered personal papers, this volume offers in-depth analysis of Wesley Hohfeld's pioneering contributions to legal theory.
Author: Roland Portmann
Publisher: Cambridge University Press
ISBN: 1139493221
Category : Law
Languages : en
Pages :
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Book Description
Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.
Author: Wesley Newcomb Hohfeld
Publisher:
ISBN:
Category :
Languages : en
Pages : 44
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Book Description
Author: Phil Harris
Publisher: Cambridge University Press
ISBN: 1139461451
Category : Law
Languages : en
Pages : 589
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Book Description
Since the publication of its first edition, this textbook has become the definitive student introduction to the subject. As with earlier editions, the seventh edition gives a clear understanding of fundamental legal concepts and their importance within society. In addition, this book addresses the ways in which rules and the structures of law respond to and impact upon changes in economic and political life. The title has been extensively updated and explores recent high profile developments such as the Civil Partnership Act 2005 and the Racial and Religious Hatred Bill. This introductory text covers a wide range of topics in a clear, sensible fashion giving full context to each. For this reason An Introduction to Law is ideal for all students of law, be they undergraduate law students, those studying law as part of a mixed degree, or students on social sciences courses which offer law options.
Author: Elaine Craig
Publisher: UBC Press
ISBN: 0774821825
Category : Law
Languages : en
Pages : 221
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Book Description
When legal scholars or judges approach the subject of sexuality, they are often constrained by existing theoretical frameworks. Queer theorists typically focus on sexual liberty but tend not to consider issues such as sexual violence; feminist theories focus on violence but often ignore the joy of sexuality. Craig examines the Supreme Court of Canada’s approach to sexuality to assess the possibility of devising a legal theory of sexuality that can embrace both the good and the bad, ensuring equality without assimilation, diversity without exclusion, and liberty without suffering. Blending feminist theory with queer theory, she advances an iconoclastic approach to law and sexuality that has the power to transform both theory and practice.
Author: Scott J. Shapiro
Publisher: Harvard University Press
ISBN: 067426729X
Category : Science
Languages : en
Pages : 483
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Book Description
What is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H. L. A. Hart. Yet many others find it perplexing. How could we possibly know how to answer such an abstract question? And what would be the point of doing so? In Legality, Scott Shapiro argues that the question is not only meaningful but vitally important. In fact, many of the most pressing puzzles that lawyers confront—including who has legal authority over us and how we should interpret constitutions, statutes, and cases—will remain elusive until this grand philosophical question is resolved. Shapiro draws on recent work in the philosophy of action to develop an original and compelling answer to this age-old question. Breaking with a long tradition in jurisprudence, he argues that the law cannot be understood simply in terms of rules. Legal systems are best understood as highly complex and sophisticated tools for creating and applying plans. Shifting the focus of jurisprudence in this way—from rules to plans—not only resolves many of the most vexing puzzles about the nature of law but has profound implications for legal practice as well. Written in clear, jargon-free language, and presupposing no legal or philosophical background, Legality is both a groundbreaking new theory of law and an excellent introduction to and defense of classical jurisprudence.
Author: Matthew Kramer
Publisher: Cambridge University Press
ISBN: 1139463969
Category : Philosophy
Languages : en
Pages : 233
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Book Description
What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number of distinct though overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted.
