Law’s Quandary 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 Law’s Quandary PDF full book. Access full book title Law’s Quandary by Steven D. Smith. Download full books in PDF and EPUB format.
Author: Steven D. Smith
Publisher: Harvard University Press
ISBN: 0674043820
Category : Law
Languages : en
Pages : 223
Get Book Here
Book Description
This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of nonsense. The diagnosis is similar to that offered by Holmes, the Legal Realists, and other critics over the past century, except that these critics assumed that the older ontological commitments were dead, or at least on their way to extinction; so their aim was to purge legal discourse of what they saw as an archaic and fading metaphysics. Smith's argument starts with essentially the same metaphysical predicament but moves in the opposite direction. Instead of avoiding or marginalizing the "ultimate questions," he argues that we need to face up to them and consider their implications for law.
Author: Steven D. Smith
Publisher: Harvard University Press
ISBN: 0674043820
Category : Law
Languages : en
Pages : 223
Get Book Here
Book Description
This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of nonsense. The diagnosis is similar to that offered by Holmes, the Legal Realists, and other critics over the past century, except that these critics assumed that the older ontological commitments were dead, or at least on their way to extinction; so their aim was to purge legal discourse of what they saw as an archaic and fading metaphysics. Smith's argument starts with essentially the same metaphysical predicament but moves in the opposite direction. Instead of avoiding or marginalizing the "ultimate questions," he argues that we need to face up to them and consider their implications for law.
Author: Robert Bocking Stevens
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771992
Category : Law
Languages : en
Pages : 352
Get Book Here
Book Description
Comprehensive history of American legal education. Originally published: Chapel Hill: The University of North Carolina Press, [1983]. xvi, 334 pp. Law School: Legal Education in America from the 1850s to the 1980s examines legal education and its impact on the legal profession and the society it serves. This highly lauded work won a Certificate of Merit from the American Bar Association upon its original publication. Stevens' distinguished career in education and law includes his eight years as Master of Pembroke College, Oxford, seventeen-year term as professor of law at Yale University and nine-year term as president of Haverford College. Well-annotated and indexed, with a thorough bibliography. "the most comprehensive treatment of the subject." --LAWRENCE M. FRIEDMAN A History of American Law, Third Edition (2005) 589
Author: Thomas Charles Carrigan
Publisher:
ISBN:
Category :
Languages : en
Pages : 30
Get Book Here
Book Description
Author: Alexander M. Bickel
Publisher: Yale University Press
ISBN: 9780300021196
Category : Law
Languages : en
Pages : 174
Get Book Here
Book Description
Contrasts liberal views in the tradition of John Locke with conservative Whig attitudes as personified by Edmund Burke in a consideration of moral duty and civil disobedience
Author: Richard S. Kay
Publisher: CUA Press
ISBN: 0813226872
Category : History
Languages : en
Pages : 320
Get Book Here
Book Description
The Glorious Revolution and the Continuity of Law explores the relationship between law and revolution. Revolt - armed or not - is often viewed as the overthrow of legitimate rulers. Historical experience, however, shows that revolutions are frequently accompanied by the invocation rather than the repudiation of law. No example is clearer than that of the Glorious Revolution of 1688-89. At that time the unpopular but lawful Catholic king, James II, lost his throne and was replaced by his Protestant son-in-law and daughter, William of Orange and Mary, with James's attempt to recapture the throne thwarted at the Battle of the Boyne in Ireland. The revolutionaries had to negotiate two contradictory but intensely held convictions. The first was that the essential role of law in defining and regulating the activity of the state must be maintained. The second was that constitutional arrangements to limit the unilateral authority of the monarch and preserve an indispensable role for the houses of parliament in public decision-making had to be established. In the circumstances of 1688-89, the revolutionaries could not be faithful to the second without betraying the first. Their attempts to reconcile these conflicting objectives involved the frequent employment of legal rhetoric to justify their actions. In so doing, they necessarily used the word "law" in different ways. It could denote the specific rules of positive law; it could simply express devotion to the large political and social values that underlay the legal system; or it could do something in between. In 1688-89 it meant all those things to different participants at different times. This study adds a new dimension to the literature of the Glorious Revolution by describing, analyzing and elaborating this central paradox: the revolutionaries tried to break the rules of the constitution and, at the same time, be true to them.
Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674708761
Category : Law
Languages : en
Pages : 524
Get Book Here
Book Description
In this book, Richard A. Posner examines how judges go about making difficult decisions. Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. -- Adapted from Amazon.com summary.
Author: Brian Z. Tamanaha
Publisher: Princeton University Press
ISBN: 1400831989
Category : Law
Languages : en
Pages : 265
Get Book Here
Book Description
According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.
Author: Bruce Ackerman
Publisher: Harvard University Press
ISBN: 0674238842
Category : Political Science
Languages : en
Pages : 473
Get Book Here
Book Description
A robust defense of democratic populism by one of America’s most renowned and controversial constitutional scholars—the award-winning author of We the People. Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds—or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy. Ackerman returns to the United States in his last chapter to provide new insights into the Founders’ acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors’ successes and profit from their mistakes, and sets up Ackerman’s next volume, which will address how elites and insiders co-opt and destroy the momentum of revolutionary movements.
Author: Jerold S. Auerbach
Publisher: Oxford University Press, USA
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 216
Get Book Here
Book Description
An examination of various types of litigation -- arbitration, mediation, and conciliation.
Author: Anthony J. Dosen
Publisher: IAP
ISBN: 1681232731
Category : Education
Languages : en
Pages : 216
Get Book Here
Book Description
The administration of Pre K – 12 Catholic schools becomes more challenging each year. Catholic school leaders not only have the daunting task of leading a successful learning organization, but also to serve as the school community’s spiritual leader and the vigilant steward who keeps the budget balanced, the building clean, and maintaining a healthy enrollment in the school. Each of these tasks can be a full time job, yet the Catholic school principal takes on these tasks day after day, year after year, so that teachers may teach as Jesus did. The goal of this book is to provide both beginning and seasoned Catholic school leaders with some insights that might help them to meet these challenges with a sense of confidence. The words in this text provide research?based approaches for dealing with issues of practice, especially those tasks that are not ordinarily taught in educational leadership programs. This text helps to make sense of the pastoral side of Catholic education, in terms of structures, mission, identity, curriculum, and relationships with the principal’s varied constituencies. It also provides some insights into enrollment management issues, finances and development, and the day in day out care of the organization and its home, the school building. As a Catholic school leader, each must remember that the Catholic school is not just another educational option. The Catholic school has a rich history and an important mission. Historically, education of the young goes back to the monastic and cathedral schools of the Middle Ages. In the United States, Catholic schools developed as a response to anti?Catholic bias that was rampant during the nineteenth century. Catholic schools developed to move their immigrant and first generation American youth from the Catholic ghetto to successful careers and lives in the American mainstream. However, most importantly, Catholic schools have brought Christ to generations of youngsters. It remains the continuing call of the Catholic school to be a center of Evangelization—a place where Gospel values live in the lives of faculty, students and parents. This text attempts to integrate the unique challenges of the instructional leader of the institution with the historical and theological underpinnings of contemporary Catholic education.
