A New Introduction To Jurisprudence
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Author | : Paul Cliteur |
Publisher | : Routledge |
Total Pages | : 199 |
Release | : 2019-03-28 |
Genre | : Law |
ISBN | : 0429655487 |
A New Introduction to Jurisprudence takes one of the central problems of law and jurisprudence as its point of departure: what is the law? Adopting an intermediate position between legal positivism and natural law, this book reflects on the concept of ‘liberal democracy’ or ‘constitutional democracy’. In five chapters the book analyses: (i) the idea of higher law, (ii) liberal democracy as a legitimate model for the state, (iii) the separation of church and state or secularism as essential for the democratic state, (iv) the universality of higher law principles, (v) the history of modern political thought. This interdisciplinary approach to jurisprudence is relevant for legal scholars, philosophers, political theorists, public intellectuals, historians, and politicians.
Author | : Michael D. A. Freeman |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Jurisprudence |
ISBN | : 9780414037649 |
Author | : Bartosz Brożek |
Publisher | : Cambridge University Press |
Total Pages | : 191 |
Release | : 2020 |
Genre | : Law |
ISBN | : 1108493254 |
How do lawyers think? Brożek presents a new perspective on legal thinking as an interplay between intuition, imagination and language.
Author | : Frederick F. Schauer |
Publisher | : Harvard University Press |
Total Pages | : 256 |
Release | : 2009-04-27 |
Genre | : Law |
ISBN | : 0674032705 |
This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.
Author | : Anne Barron |
Publisher | : |
Total Pages | : 1234 |
Release | : 2002-08-13 |
Genre | : Law |
ISBN | : |
This text lays out a course of study combining the traditional subject matter of jurisprudence with a series of introductions to a variety of other theoretical perspectives. It is designed for those taking jurisprudence/legal theory courses, and political science, philosophy and sociology students.
Author | : Raymond Wacks |
Publisher | : Oxford University Press, USA |
Total Pages | : 0 |
Release | : 2005 |
Genre | : Droit |
ISBN | : 9780199272587 |
Understanding Jurisprudence explores the concept of law and its role within society. Detailing both the traditional and modern jurisprudential theories Raymond Wacks clearly relates these often complex arguments to the nature and purpose of our current legal systems. This book reveals the intriguing and challenging nature of jurisprudence with clarity and enthusiasm. Without avoiding the complexities and subtleties of the subject, the author provides an illuminating guide to the central questions of legal theory. An experienced teacher of jurisprudence and distinguished writer in the field, his approach is stimulating, accessible, and entertaining.
Author | : Robin West |
Publisher | : Cambridge University Press |
Total Pages | : 221 |
Release | : 2011-08-22 |
Genre | : Political Science |
ISBN | : 1139504126 |
Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.
Author | : Phil Harris |
Publisher | : Cambridge University Press |
Total Pages | : 589 |
Release | : 2006-12-14 |
Genre | : Law |
ISBN | : 1139461451 |
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 | : Jaakko Husa |
Publisher | : Bloomsbury Publishing |
Total Pages | : 300 |
Release | : 2015-05-28 |
Genre | : Law |
ISBN | : 1849469512 |
This thought-provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as a common sense guide to the study of foreign legal systems. It is written in a lively and accessible style and will prove indispensable reading to students of the subject. It also contains much that will be of interest to comparative law scholars, offering novel insights into commonplace methodological and theoretical questions and making a significant contribution to the field.
Author | : Daniel W. Brown |
Publisher | : John Wiley & Sons |
Total Pages | : 474 |
Release | : 2017-02-16 |
Genre | : Religion |
ISBN | : 1118953479 |
Covering the origins, key features, and legacy of the Islamic tradition, the third edition of A New Introduction to Islam includes new material on Islam in the 21st century and discussions of the impact of historical ideas, literature, and movements on contemporary trends. Includes updated and rewritten chapters on the Qur’an and hadith literature that covers important new academic research Compares the practice of Islam in different Islamic countries, as well as acknowledging the differences within Islam as practiced in Europe Features study questions for each chapter and more illustrative material, charts, and excerpts from primary sources