Weimar

Weimar
Author: Arthur Jacobson
Publisher: Univ of California Press
Total Pages: 420
Release: 2001-01-06
Genre: Philosophy
ISBN: 0520929683

This selection of the major works of constitutional theory during the Weimar period reflects the reactions of legal scholars to a state in permanent crisis, a society in which all bets were off. Yet the Weimar Republic's brief experiment in constitutionalism laid the groundwork for the postwar Federal Republic, and today its lessons can be of use to states throughout the world. Weimar legal theory is a key to understanding the experience of nations turning from traditional, religious, or command-and-control forms of legitimation to the rule of law. Only two of these authors, Hans Kelsen and Carl Schmitt, have been published to any extent in English, but they and the others whose writings are translated here played key roles in the political and constitutional struggles of the Weimar Republic. Critical introductions to all the theorists and commentaries on their works have been provided by experts from Austria, Canada, Germany, and the United States. In their general introduction, the editors place the Weimar debate in the context of the history and politics of the Weimar Republic and the struggle for constitutionalism in Germany. This critical scrutiny of the Weimar jurisprudence of crisis offers an invaluable overview of the perils and promise of constitutional development in states that lack an entrenched tradition of constitutionalism.

The Religion Clauses

The Religion Clauses
Author: Howard Gillman
Publisher:
Total Pages: 241
Release: 2020
Genre: Law
ISBN: 0190699736

In The Religion Clauses, Erwin Chemerinsky and Howard Gillman examine the extremely controversial issue of the relationship between religion and government. They argue for a separation of church and state. To the greatest extent possible, the government should remain secular. At the same, time they contend that religion should not provide a basis for an exemptions from general laws, such as those prohibiting discrimination or requiring the provision of services.

Virtue Jurisprudence

Virtue Jurisprudence
Author: C. Farrelly
Publisher: Springer
Total Pages: 276
Release: 2019-06-12
Genre: Philosophy
ISBN: 1349600733

This book is the first authoritative text on virtue jurisprudence - the belief that the final end of law is not to maximize preference satisfaction or protect certain rights and privileges, but to promote human flourishing. Scholars of law, philosophy and politics illustrate here the value of the virtue ethics tradition to modern legal theory.

Jurists and Jurisprudence in Medieval Italy

Jurists and Jurisprudence in Medieval Italy
Author: Osvaldo Cavallar
Publisher: University of Toronto Press
Total Pages: 894
Release: 2020-10-01
Genre: History
ISBN: 1487536348

Jurists and Jurisprudence in Medieval Italy is an original collection of texts exemplifying medieval Italian jurisprudence, known as the ius commune. Translated for the first time into English, many of the texts exist only in early printed editions and manuscripts. Featuring commentaries by leading medieval civil law jurists, notably Azo Portius, Accursius, Albertus Gandinus, Bartolus of Sassoferrato, and Baldus de Ubaldis, this book covers a wide range of topics, including how to teach and study law, the production of legal texts, the ethical norms guiding practitioners, civil and criminal procedures, and family matters. The translations, together with context-setting introductions, highlight fundamental legal concepts and practices and the milieu in which jurists operated. They offer entry points for exploring perennial subjects such as the professionalization of lawyers, the tangled relationship between law and morality, the role of gender in the socio-legal order, and the extent to which the ius commune can be considered an autonomous system of law.

Law and the Postmodern Mind

Law and the Postmodern Mind
Author: Peter Goodrich
Publisher: University of Michigan Press
Total Pages: 372
Release: 2009-12-22
Genre: Law
ISBN: 0472023101

David Gray Carlson and Peter Goodrich argue that the postmodern legal mind can be characterized as having shifted the focus of legal analysis away from the modernist understanding of law as a system that is unitary and separate from other aspects of culture and society. In exploring the various "other dimensions" of law, scholars have developed alternative species of legal analysis and recognized the existence of different forms of law. Carlson and Goodrich assert that the postmodern legal mind introduced a series of "minor jurisprudences" or partial forms of legal knowledge, which both compete with and subvert the modernist conception of a unitary system of law. In doing so scholars from a variety of disciplines pursue the implications of applying the insights of their disciplines to law. Carlson and Goodrich have assembled in this volume essays from some of our leading thinkers that address what is arguably one of the most fundamental of interdisciplinary encounters, that of psychoanalysis and law. While psychoanalytic interpretations of law are by no means a novelty within common law jurisprudence, the extent and possibilities of the terrain opened up by psychoanalysis have yet to be extensively addressed. The intentional subject and "reasonable man" of law are disassembled in psychoanalysis to reveal a chaotic and irrational libidinal subject, a sexual being, a body and its drives. The focus of the present collection of essays is upon desire as an inner law, upon love as an interior idiom of legality, and represents a signficant and at times surprising development of the psychoanalytic analysis of legality. These essays should appeal to scholars in law and in psychology. The contributors are Drucilla Cornell, Jacques Derrida, Peter Goodrich, Pierre Legendre, Alain Pottage, Michel Rosenfeld, Renata Salecl, Jeanne L. Schroeder, Anton Schutz, Henry Staten, and Slavoj Zizek. David Gray Carlson is Professor of Law, Benjamin Cardozo School of Law, Yeshiva University. Peter Goodrich is Professor of Law, University of London and University of California, Los Angeles.

California Legal Research

California Legal Research
Author: Aimee Dudovitz
Publisher:
Total Pages: 0
Release: 2016
Genre: Legal research
ISBN: 9781611638387

The third edition of California Legal Research continues to fill a unique niche in the literature available for California state law research, explaining both the sources of California law and the process of conducting research using those sources. After introductory chapters devoted to the basic research process and research techniques, California Legal Research explores judicial opinions, the state constitution, statutes and legislative history, and administrative law. The book then turns to updating research with Shepard's and KeyCite, using secondary sources and practice guides, and planning a research strategy. A final chapter explains legal citation, with information on the California Style Manual, the ALWD Citation Manual, and the Bluebook. The book should be valuable to a wide range of audiences--from first-year students to seasoned veterans. Outlines of the research process and excerpts from key state sources make the book easy to use. The text includes brief discussions of legal analysis throughout, recognizing the interplay between research and analysis. California Legal Research supplements its detailed discussion of state research with brief discussions of federal research. Thus, it can be used as the sole text in a research course or in conjunction with texts focusing on topical or federal research.