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Author: Allan C. Hutchinson
Publisher: Cambridge University Press
ISBN: 1107152321
Category : Law
Languages : en
Pages : 199
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Book Description
The book challenges all formalist accounts of legal interpretation and offers an 'informal' alternative.
Author: Allan C. Hutchinson
Publisher: Cambridge University Press
ISBN: 1107152321
Category : Law
Languages : en
Pages : 199
Get Book Here
Book Description
The book challenges all formalist accounts of legal interpretation and offers an 'informal' alternative.
Author: Allan C. Hutchinson
Publisher: Cambridge University Press
ISBN: 1316720985
Category : Law
Languages : en
Pages : 199
Get Book Here
Book Description
Toward an Informal Account of Legal Interpretation offers a viable account of law, judicial decision-making, and legal interpretation that is as fresh as it is familiar. The author expertly challenges the dominant mode of formalist theorizing and proposes an explanatory account of legal interpretation that can profitably be understood as an 'informal' intervention. Such an informal approach has no truck with either the claims of the formalists (i.e., that law is something separate from ideology) or those of the anti-formalists (i.e., that law is nothing other than ideological posturing). Hutchinson insists that, when understood properly, legal interpretation is an applied exercise in law-and-ideology; it is both constrained and unconstrained in equal measure. In developing this informalist account through a sustained application of the 'no vehicles in the park' rule, this book is wide-ranging in theoretical scope and substance, but also accessible and practical in style.
Author: Thomas Lundmark
Publisher: Oxford University Press
ISBN: 0198785674
Category : Law
Languages : en
Pages : 241
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Book Description
How do judges influence the development of law in Germany and should their behaviour set a precedent for others to follow? This book explores whether or not German judicial methods should serve as a model for the development of European law, both by the European courts and by the courts of other European member states.
Author: Julian Webb
Publisher: Taylor & Francis
ISBN: 1000923959
Category : Law
Languages : en
Pages : 286
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Book Description
This volume reviews and takes stock of legal ethics, at a time when the legal profession globally is experiencing considerable change and challenges, through a re-evaluation of writings that are in some way foundational to the field. Legal ethics, understood here as the study of the ethics and professional regulation of lawyers, has emerged as a novel and important field of study over the last 50 years. It is also one that displays considerable diversity in its scholarship, with distinctive philosophical and interdisciplinary approaches emerging over the years to underpin and supplement the doctrinal ‘law on lawyering’. With contributions from leading and emerging scholars from the United States, Australia, Canada, the Netherlands, New Zealand and the United Kingdom, this collection offers not just critical insights into the authors’ chosen texts, but a thought-provoking commentary on the current state of legal ethics scholarship and its future directions. In addition to being an essential resource for scholars and students of legal ethics theory, it will also be of interest to academics and researchers in legal theory, the philosophy of law, and applied ethics.
Author: Luka Burazin
Publisher: Oxford University Press
ISBN: 0192695096
Category : Law
Languages : en
Pages : 532
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Book Description
There is something quite puzzling about the global conversation on jurisprudence. On the one hand, jurisprudence is supposed to deal with abstract questions concerning the nature, structure, and distinctive features of the law. These questions are not tightly associated with, or dependent on, the particular legal practices in one jurisdiction or another. But, on the other hand, it seems that jurisprudents are tacitly affected by their background institutional context: there is an evident divide between theorizing about the law in the civil law world and in the common law world. Jurisprudence in the Mirror: The Common Law World Meets the Civil Law World systematically presents the major achievements of contemporary civil law jurisprudence to the common law world and bridges the gap in analytic jurisprudence as it is currently practiced in the two traditions. The volume seeks to bring different voices to the table and overcome the cultural and linguistic divides that have created barriers in philosophical exchanges. The book's structure is dialogical: it includes twelve essays written by prominent and influential jurisprudents from the civil law world, each followed by a response by a jurisprudent from the common law world. This approach highlights what the two worlds share, where they part ways, and why. The varied contributions reveal how their respective legal traditions shape fundamental legal concepts and jurisprudential debates and will be invaluable to readers from both the civil and common law worlds.
Author: Allan C. Hutchinson
Publisher: University of Toronto Press
ISBN: 1487537239
Category : Law
Languages : en
Pages : 220
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Book Description
As things stand, a commitment to weak democracy and strong constitutionalism ensures that a range of elite groups, actors, and institutions – political, economic, intellectual, and legal – hold considerable sway over constitutional matters, leaving less room for the participation of ordinary people. With the continued primacy of liberal constitutionalism, constitutional law has come to represent and facilitate the centrality of judicial power and authority. In Democracy and Constitutions, Allan C. Hutchinson warns against this deference to a legal elite on questions of constitutional meaning. For Hutchinson, an over-reliance on constitutional law, and a lack of attention to democratic politics, keeps people from influencing the moral and political character of society; it saps civic energies and relegates ordinary people to the sidelines. Engaging and provocative, Democracy and Constitutions charts a course away from the elitism of the present and toward a more democratic future, one that re-balances society’s commitment to both democracy and constitutions. Advocating for a strong democracy and weak constitutionalism, this book places ordinary people at the institutional heart of government and politics, arguing that such a re-calibration is better for democracy and for society.
Author: Allan C. Hutchinson
Publisher: Cambridge University Press
ISBN: 1108372937
Category : Law
Languages : en
Pages : 242
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Book Description
Law is best interpreted in the context of the traditions and cultures that have shaped its development, implementation, and acceptance. However, these can never be assessed truly objectively: individual interpreters of legal theory need to reflect on how their own experiences create the framework within which they understand legal concepts. Theory is not separate from practice, but one kind of practice. It is rooted in the world, even if it is not grounded by it. In this highly original volume, Allan C. Hutchinson takes up the challenge of self-reflection about how his upbringing, education, and scholarship contributed to his legal insights and analysis. Through this honest examination of key episodes in his own life and work, Hutchinson produces unique interpretations of fundamental legal concepts. This book is required reading for every lawyer or legal scholar who wants to analyse critically where he or she stands when they practice and study law.
Author: Allan C Hutchinson
Publisher: Bloomsbury Publishing
ISBN: 1509965211
Category : Law
Languages : en
Pages : 420
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Book Description
More has been said about the Hart-Fuller debate than can be considered healthy or productive even within the precious world of jurisprudential scholarship – too much philosophising about how law has revelled in its own abstractness and narrowness. But the mission of this book is distinctly and determinedly different – it is not to rework these already-rehashed ideas, but to reject them entirely. Rather than add to the massive jurisprudential literature that has been generated by all and sundry, the book criticises and abandons the project that Hart and Fuller set in motion. It contends that the turn that was taken in 1957 has led down a series of cul-de-sacs, blind alleys, and dead-ends to nowhere useful or illuminating. It is more than past time to leave their debate behind and strike out in an entirely new and more promising direction. The book insists that not only law, but also all theorising about law, is political in all its derivations, dimensions, and directions.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Kent Greenawalt
Publisher: Oxford University Press
ISBN: 0190207965
Category : Law
Languages : en
Pages : 368
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Book Description
In Legal Interpretation, Kent Greenawalt focuses on the complex and multi-faceted topic of textual interpretation of the law. All law needs to be interpreted, and there are many ways to do it. But what sorts of questions must one seek to answer in interpreting law and what approach should one take in each case? Whose interpretations should be prioritized? Why would one be drawn to one strategy over another? And should legal interpretation seek to satisfy specific aims or general objectives? In order to provide the answers to these questions, Greenawalt explores the ways in which interpretive strategies from other disciplines--the philosophy of language, literary and musical interpretation, religious interpretation, and general interpretive theory--can augment and enrich methods of legal interpretation. Over the course of the book, he suggests how such forms of interpretation are analogous to legal interpretation--and points to those cases in which interpretation must rest on the distinctive aspects of legal theory, such as is the case with private documents. Furthermore, Greenawalt's meditation suggests that interpretive strategies from other disciplines can shed light on the essential nature of legal interpretation and provide roads by which to account for dissonance between various methods of interpretation. Legal Interpretation is a thought-provoking reflection on the ways that insights from a range of intellectual traditions can deepen our understanding of law, particularly with regard to constitutional law.
