The Nature and Functions of Law

The Nature and Functions of Law PDF Author: Harold Joseph Berman
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 696

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Book Description

The Nature and Functions of Law

The Nature and Functions of Law PDF Author: Harold Joseph Berman
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 696

Get Book Here

Book Description


The Functions of Law

The Functions of Law PDF Author: Kenneth M. Ehrenberg
Publisher: Oxford University Press
ISBN: 019166846X
Category : Law
Languages : en
Pages : 241

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Book Description
What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities.

Law for Society

Law for Society PDF Author: Kevin M. Clermont
Publisher: Aspen Publishing
ISBN: 1454860294
Category : Law
Languages : en
Pages : 1081

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Book Description
Law for Society: Nature, Functions, and Limits offers an illuminating conceptual framework that looks at five basic legal instruments with which the law addresses the problems and goals of society. For any Introduction to Law course or as secondary reading in political science, criminal justice, or general studies, Law for Society breaks down the very concept of “law” to answer the questions: What is law? How does law work? What can law do and not do? The book addresses the nature of law, its problem-solving functions, and the limits on what law can accomplish.

Law: Its Nature, Functions, and Limits

Law: Its Nature, Functions, and Limits PDF Author: Robert S. Summers
Publisher: Prentice Hall
ISBN:
Category : Law
Languages : en
Pages : 824

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Book Description


Form and Function in a Legal System

Form and Function in a Legal System PDF Author: Robert S. Summers
Publisher: Cambridge University Press
ISBN: 1139448870
Category : Law
Languages : en
Pages : 422

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Book Description
This book addresses three major questions about law and legal systems: (1) What are the defining and organising forms of legal institutions, legal rules, interpretative methodologies, and other legal phenomena? (2) How does frontal and systematic focus on these forms advance understanding of such phenomena? (3) What credit should the functions of forms have when such phenomena serve policy and related purposes, rule of law values, and fundamental political values such as democracy, liberty, and justice? This book seeks to offer general answers to these questions and thus gives form in the law its due. The answers not only provide articulate conversancy with the subject but also reveal insights into the nature of law itself, the oldest and foremost problem in legal theory and allied subjects.

SOU-CCJ230 Introduction to the American Criminal Justice System

SOU-CCJ230 Introduction to the American Criminal Justice System PDF Author: Alison Burke
Publisher:
ISBN: 9781636350684
Category :
Languages : en
Pages :

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Book Description


Rule of Law for Nature

Rule of Law for Nature PDF Author: Christina Voigt
Publisher: Cambridge University Press
ISBN: 1107513219
Category : Law
Languages : en
Pages : 409

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Book Description
'Human laws must be reformulated to keep human activities in harmony with the unchanging and universal laws of nature.' This 1987 statement by the World Commission on Environment and Development has never been more relevant and urgent than it is today. Despite the many legal responses to various environmental problems, more greenhouse gases than ever before are being released into the atmosphere, biological diversity is rapidly declining and fish stocks in the oceans are dwindling. This book challenges the doctrinal construction of environmental law and presents an innovative legal approach to ecological sustainability: a rule of law for nature which guides and transcends ordinary written laws and extends fundamental principles of respect, integrity and legal security to the non-human world.

The Force of Law

The Force of Law PDF Author: Frederick Schauer
Publisher: Harvard University Press
ISBN: 0674368215
Category : Business & Economics
Languages : en
Pages : 256

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Book Description
Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law

The Function of Law in the International Community

The Function of Law in the International Community PDF Author: Hersch Lauterpacht
Publisher: OUP Oxford
ISBN: 0191018465
Category : Law
Languages : en
Pages : 1759

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Book Description
The Function of Law in the International Community, first published in 1933, is one of the seminal works on international law. Its author, Sir Hersch Lauterpacht, is widely considered to be one of the great international lawyers of the 20th century. It continues to influence those studying and working in international law today. This republication once again makes this book available to scholars and students in the field. It features a new introduction by Professor Martti Koskenniemi, examining the world in which the Function of Law was originally published and the lasting legacy of this classic work.

The Nature of the Common Law

The Nature of the Common Law PDF Author: Melvin Aron Eisenberg
Publisher: Harvard University Press
ISBN: 9780674604810
Category : Law
Languages : en
Pages : 220

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Book Description
Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been unclear what principles courts use—or should use—in establishing common law rules. In this lucid book, Melvin Eisenberg develops the principles that govern this process.