Challenges To Legal Theory
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| Author | : Oche Onazi |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 297 |
| Release | : 2013-11-26 |
| Genre | : Law |
| ISBN | : 9400775377 |
The book is a collection of essays, which aim to situate African legal theory in the context of the myriad of contemporary global challenges; from the prevalence of war to the misery of poverty and disease to the crises of the environment. Apart from being problems that have an indelible African mark on them, a common theme that runs throughout the essays in this book is that African legal theory has been excluded, under-explored or under-theorised in the search for solutions to such contemporary problems. The essays make a modest attempt to reverse this trend. The contributors investigate and introduce readers to the key issues, questions, concepts, impulses and problems that underpin the idea of African legal theory. They outline the potential offered by African legal theory and open up its key concepts and impulses for critical scrutiny. This is done in order to develop a better understanding of the extent to which African legal theory can contribute to discourses seeking to address some of the challenges that confront African and non-African societies alike.
| Author | : Hans Kelsen |
| Publisher | : |
| Total Pages | : 171 |
| Release | : 1992 |
| Genre | : Jurisprudence |
| ISBN | : |
| Author | : Joel Feinberg |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 233 |
| Release | : 2003 |
| Genre | : Law |
| ISBN | : 0195155262 |
Collects articles, on what the author terms "basic questions" about the law, particularly in regard to the relationship to morality. This volume reflects the diverse nature of his own interests: scholars in philosophy of law, legal theory, and ethical and moral theory.
| Author | : Jenny Steele |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 228 |
| Release | : 2004-04-01 |
| Genre | : Law |
| ISBN | : 184731113X |
In almost every field of law,from tort and contract to environmental law and criminal justice, issues about 'risk' are increasingly of interest to lawyers. At the same time, there has been little general enquiry into the nature of the contact between law and risks. This book argues that ideas about risk have not traditionally been absent from law, as is sometimes supposed. Lawyers and legal theorists have used and conceptualised risk in particular ways, and ideas of risk have had significant influence in key elements of legal theory including questions of justice and responsibility. The book explores the conceptual place of risk across a number of fields of law; and identifies some significant challenges for law and legal theory arising from broader debates about risk. It therefore sheds light on areas that are under-explored despite current interest among lawyers, and aims to provide an accessible guide to emerging controversies and challenges for law in this area while explaining their significance.
| Author | : Marett Leiboff |
| Publisher | : |
| Total Pages | : |
| Release | : 2014 |
| Genre | : |
| ISBN | : 9780455242538 |
| Author | : William Twining |
| Publisher | : Cambridge University Press |
| Total Pages | : 300 |
| Release | : 2000-03 |
| Genre | : Law |
| ISBN | : 9780521605946 |
The text makes the case for a revival of general jurisprudence in response to globalisation.
| Author | : María José Falcón y Tella |
| Publisher | : BRILL |
| Total Pages | : 362 |
| Release | : 2021-01-18 |
| Genre | : Law |
| ISBN | : 9004439455 |
Challenges to Legal Theory offers the reader a fascinating journey through a variety of multi-disciplinary topics, ranging from law and literature, and law and religion, to legal philosophy and constitutional law. The collection reflects some of the challenges that the field of legal theory currently faces. It is compiled by a selection of international and Spanish scholars, whose essays are made available in English translation for the first time. The volume is based on a collection of essays, published in Spanish, in honour of Professor José Iturmendi Morales, of Complutense University, Madrid, and brings the rich scholarship of pre-eminent Spanish scholars of law and legal theory to an international audience.
| Author | : Guillaume Tusseau |
| Publisher | : Springer Nature |
| Total Pages | : 343 |
| Release | : 2020-02-24 |
| Genre | : Law |
| ISBN | : 3030344320 |
The book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic “Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age”. Discussing the major contemporary changes occurring in and problems faced by domestic legal systems in the global age, the book describes how and to what extent these trends affect domestic legal orderings and practices, and challenges the traditional theoretical lenses that are offered to tackle them: constitutionalism and pluralism. Combining comparative law and comparative legal doctrine, and drawing on the national contributions, the general report concludes that most of the classic tools offered by legal doctrine are not appropriate to address most of today’s practical and theoretical global legal challenges, and as such, the book also offers new intellectual tools for the global age.
| Author | : Raymond Wacks |
| Publisher | : OUP Oxford |
| Total Pages | : 169 |
| Release | : 2014-02-27 |
| Genre | : Law |
| ISBN | : 0191510637 |
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
| Author | : Richard A. Posner |
| Publisher | : Harvard University Press |
| Total Pages | : 338 |
| Release | : 2009-06-01 |
| Genre | : Law |
| ISBN | : 9780674042230 |
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.
