A Realistic Theory Of Law
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Author | : Brian Z. Tamanaha |
Publisher | : Cambridge University Press |
Total Pages | : 211 |
Release | : 2017-04-24 |
Genre | : Law |
ISBN | : 1107188423 |
The book re-orients jurisprudence and develops an empirically informed theory of law that applies throughout history and across different societies.
Author | : Torben Spaak |
Publisher | : Cambridge University Press |
Total Pages | : 807 |
Release | : 2021-02-04 |
Genre | : Law |
ISBN | : 1108427677 |
The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
Author | : Brian Z. Tamanaha |
Publisher | : Oxford University Press |
Total Pages | : 304 |
Release | : 1997 |
Genre | : Law |
ISBN | : 9780198265603 |
Combining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area.Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear andconcise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.
Author | : Brian Z. Tamanaha |
Publisher | : |
Total Pages | : 0 |
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Author | : Karl Nickerson Llewellyn |
Publisher | : |
Total Pages | : 531 |
Release | : 1971 |
Genre | : |
ISBN | : |
Author | : Alf Ross |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 396 |
Release | : 2004 |
Genre | : Jurisprudence |
ISBN | : 1584774886 |
Ross, Alf. On Law and Justice. Berkeley: University of California Press, 1959. xi, 383 pp. Reprint available December 2004 by the Lawbook Exchange, Ltd. ISBN 1-58477-488-6. Cloth. $90. * In this influential and oft-cited study Ross discounted the theories of natural law, positivism and legal realism. In their stead, he proposed the abandonment of "ought-propositions" for the "is-propositions" employed by other empirical sciences, thereby envisioning lawyers that serve merely as "rational technologists." Less bound by tradition, and traditional notions of justice, jurisprudence then becomes "not only a beautiful mental activity per se, but also an instrument which may benefit any lawyer who wants to understand what he is doing and why" (Preface).
Author | : Pierluigi Chiassoni |
Publisher | : Springer |
Total Pages | : 279 |
Release | : 2019-06-12 |
Genre | : Law |
ISBN | : 3030155900 |
This book engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter 2 presents a conceptual apparatus concerning the phenomenon of legal interpretation, which it subsequently applies to investigate the truth-in-legal-interpretation issue. Chapters 3 to 6 argue for a theory of legal interpretation - pragmatic realism - by outlining a theory of interpretive games, revisiting the debate between literalism and contextualism in contemporary philosophy of language, and underscoring the many shortcomings of the container-retrieval view and pragmatic formalism. In turn, Chapter 7, focusing on comparative legal theory, advocates an interpretation-sensitive theory of legal gaps, as opposed to purely normativist ones. Chapter 8 explores the connection between judicial reasoning and judicial fictions, casting light on the structure and purpose of fictional reasoning. Chapter 9 provides an analytical enquiry into judicial precedent, examining a variety of ideal-typical systems in terms of their normative or de iure relevance. Chapter 10 addresses defeasibility and legal indeterminacy. In closing, Chapter 11 highlights the central tenets of a realistic theory of legislation.
Author | : John Rawls |
Publisher | : Harvard University Press |
Total Pages | : 208 |
Release | : 2001-03-02 |
Genre | : Philosophy |
ISBN | : 0674266560 |
This book consists of two parts: “The Law of Peoples,” a major reworking of a much shorter article by the same name published in 1993, and the essay “The Idea of Public Reason Revisited,” first published in 1997. Taken together, they are the culmination of more than fifty years of reflection on liberalism and on some of the most pressing problems of our times by John Rawls. “The Law of Peoples” extends the idea of a social contract to the Society of Peoples and lays out the general principles that can and should be accepted by both liberal and non-liberal societies as the standard for regulating their behavior toward one another. In particular, it draws a crucial distinction between basic human rights and the rights of each citizen of a liberal constitutional democracy. It explores the terms under which such a society may appropriately wage war against an “outlaw society” and discusses the moral grounds for rendering assistance to non-liberal societies burdened by unfavorable political and economic conditions. “The Idea of Public Reason Revisited” explains why the constraints of public reason, a concept first discussed in Political Liberalism (1993), are ones that holders of both religious and non-religious comprehensive views can reasonably endorse. It is Rawls’s most detailed account of how a modern constitutional democracy, based on a liberal political conception, could and would be viewed as legitimate by reasonable citizens who on religious, philosophical, or moral grounds do not themselves accept a liberal comprehensive doctrine—such as that of Kant, or Mill, or Rawls’s own “Justice as Fairness,” presented in A Theory of Justice (1971).
Author | : Brian Z. Tamanaha |
Publisher | : Oxford Socio-Legal Studies |
Total Pages | : 298 |
Release | : 2001 |
Genre | : Law |
ISBN | : 9780199244669 |
Law is generally understood to be a mirror of society that functions to maintain social order. Focusing on this general understanding, this text conducts a survey of Western legal and social theories about law and its relationship within society.
Author | : Rex Martin |
Publisher | : John Wiley & Sons |
Total Pages | : 344 |
Release | : 2008-04-15 |
Genre | : Philosophy |
ISBN | : 1405157364 |
This volume examines Rawls's theory of international justice as worked out in his controversial last book, The Law of Peoples.