The Problems of Jurisprudence

The Problems of Jurisprudence PDF Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674708761
Category : Law
Languages : en
Pages : 524

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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.

The Problems of Jurisprudence

The Problems of Jurisprudence PDF 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.

Law and Objectivity

Law and Objectivity PDF Author: Kent Greenawalt
Publisher: Oxford University Press
ISBN: 0195356926
Category : Philosophy
Languages : en
Pages : 301

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Book Description
In modern times the idea of the objectivity of law has been undermined by skepticism about legal institutions, disbelief in ideals of unbiased evaluation, and a conviction that language is indeterminate. Greenawalt here considers the validity of such skepticism, examining such questions as: whether the law as it exists provides determinate answers to legal problems; whether the law should treat people in an "objective way," according to abstract rules, general categories, and external consequences; and how far the law is anchored in something external to itself, such as social morality, political justice, or economic efficiency. In the process he illuminates the development of jurisprudence in the English-speaking world over the last fifty years, assessing the contributions of many important movements.

Cyberlaw

Cyberlaw PDF Author: Patricia Bellia
Publisher: West Academic Publishing
ISBN: 9781640208544
Category :
Languages : en
Pages : 690

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Book Description
This law school casebook starts from the premise that cyberlaw is not simply a set of legal rules governing online interaction, but a lens through which to re-examine general problems of policy, jurisprudence, and culture. The book goes beyond simply plugging Internet-related cases into a series of doctrinal categories, instead emphasizing conceptual issues that extend across the spectrum of cyberspace legal dilemmas. While the book addresses all of the "traditional" subject matter areas of cyberlaw, it asks readers to consider both how traditional legal doctrines can be applied to cyberspace conduct, and how the special problems encountered in that application can teach us something about those traditional legal doctrines. The fifth edition has been updated, shortened, and reconceptualized to make the book even more effective as a teaching tool and to illuminate new debates at the heart of this evolving field. The book groups the material into units addressing the who, how, and what of governance/regulation--fundamental questions that pertain to any legal system, in cyberspace or elsewhere. The fifth edition also includes updated treatment throughout, as well as a more stream-lined approach that should make an already effective casebook even more unified and teachable.

The Problematics of Moral and Legal Theory

The Problematics of Moral and Legal Theory PDF Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674042230
Category : Law
Languages : en
Pages : 338

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Book Description
Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.

The Basic Concepts of Legal Thought

The Basic Concepts of Legal Thought PDF Author: George P. Fletcher
Publisher: OUP USA
ISBN: 9780195083361
Category : Law
Languages : en
Pages : 222

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Book Description
This is a brief introduction to the major issues in legal philosophy, intended for use as a secondary text in law schools, and in graduate and undergraduate courses in philosophy of law, jurisprudence and legal issues.

Frontiers of Legal Theory

Frontiers of Legal Theory PDF Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674013605
Category : Business & Economics
Languages : en
Pages : 474

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Book Description
The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.

A Critique of Adjudication [fin de Sicle]

A Critique of Adjudication [fin de Sicle] PDF Author: Duncan Kennedy
Publisher: Harvard University Press
ISBN: 9780674039520
Category : Law
Languages : en
Pages : 436

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Book Description
A major statement from one of the foremost legal theorists of our day, this book offers a penetrating look into the political nature of legal, and especially judicial, decision making. It is also the first sustained attempt to integrate the American approach to law, an uneasy balance of deep commitment and intense skepticism, with the Continental tradition in social theory, philosophy, and psychology. At the center of this work is the question of how politics affects judicial activity-and how, in turn, lawmaking by judges affects American politics. Duncan Kennedy considers opposing views about whether law is political in character and, if so, how. He puts forward an original, distinctive, and remarkably lucid theory of adjudication that includes accounts of both judicial rhetoric and the experience of judging. With an eye to the current state of theory, legal or otherwise, he also includes a provocative discussion of postmodernism. Ultimately concerned with the practical consequences of ideas about the law, A Critique of Adjudication explores the aspects and implications of adjudication as few books have in this century. As a comprehensive and powerfully argued statement of a critical position in modern American legal thought, it will be essential to any balanced picture of the legal, political, and cultural life of our nation.

Jurisprudence

Jurisprudence PDF Author: Robert L. Hayman
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1028

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Book Description
This text presents cutting edge contemporary materials, as well as new chapters on Natural Law, Positivism, Gay Legal Rights and Critical Lawyering. The book offers comprehensive coverage of legal theory from traditional to current movements, including new materials on Legal Formalism, Legal Process, Latino Critical, and Queer Critical Theory. Also contains extensive readings and updated and amplified notes, questions, problems, and bibliographies.

The Province and Function of Law

The Province and Function of Law PDF Author: Julius Stone
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description


Under Cover of Science

Under Cover of Science PDF Author: James R. Hackney
Publisher: Duke University Press
ISBN: 9780822339984
Category : Business & Economics
Languages : en
Pages : 268

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Book Description
DIVA critique of the Law & Economics movement, this book draws connections between conceptions of science and efforts at legitimating American legal theory as an objective enterprise./div