Modern Legal Scholarship
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Author | : Christine Nero Coughlin |
Publisher | : Carolina Academic Press LLC |
Total Pages | : 268 |
Release | : 2020 |
Genre | : Academic writing |
ISBN | : 9781531010270 |
"The purpose of this book is to get you started and guide you through the full scholarly writing process, from drafting to publishing. This book breaks down that process into understandable and manageable tasks to help you get started and complete the project. Individuals learn best when they understand the context and purpose of a project. To provide as much context as possible for the tasks ahead, and so that you understand both how and why to complete each task, this book walks you through the process of producing a range of quality scholarship both efficiently and effectively"--
Author | : Lorenzo Maniscalco |
Publisher | : BRILL |
Total Pages | : 253 |
Release | : 2020-07-20 |
Genre | : Law |
ISBN | : 9004404813 |
Equity in Early Modern Legal Scholarship offers a comprehensive account of the development of equity by legal writers in the early modern period, unearthing a time of lively debate about its nature and function.
Author | : Fábio Perin Shecaira |
Publisher | : Springer Nature |
Total Pages | : 168 |
Release | : |
Genre | : |
ISBN | : 3031603699 |
Author | : Fábio P. Shecaira |
Publisher | : Springer Science & Business Media |
Total Pages | : 96 |
Release | : 2013-07-09 |
Genre | : Philosophy |
ISBN | : 331900428X |
This book is about the use of legal scholarship by judges. It discusses the possibility that legal scholarship may function as a genuine source of law in modern municipal legal systems. The book advances a number of claims, some conceptual, some empirical, some normative. The major conceptual claims are found in Chapters 2 and 3, where a general account of the notion of a source of law is provided. Roughly, sources of law are documents or practices (e.g. statutes, judicial decisions, official customs) from which norms can be derived that function as sources of content-independent reasons for judges to decide legal cases one way or another. The relevant notion of content-independence is derived (with qualifications) from H.L.A. Hart’s jurisprudence. Indeed, the book’s analysis of the concept of a source of law relies at various points on Hartian insights about law and legal reasoning. Chapter 4 argues that legal scholarship – or, more precisely, a particular type of legal scholarship that might be described as standard or doctrinal – can be, and indeed is, used as a source of law in modern legal systems. The conclusion that legal scholarship is used as a source of law (and thus as a source of content-independent reasons for action) may come as a surprise to those who associate judicial recourse to legal scholarship with judicial activism. This association is discussed and criticized in Chapters 5 and 6. It is argued that, in spite of a relatively common opinion to the contrary, legal scholarship can be used to mitigate discretion. In fact, it is precisely because it can be used in this way that judges sometimes refer to scholarship deceptively and suggest that it limits discretion in situations in which it really does not. The concluding chapter addresses potential objections not explicitly discussed in earlier chapters.
Author | : Rob van Gestel |
Publisher | : |
Total Pages | : 543 |
Release | : 2017 |
Genre | : Jurisprudence |
ISBN | : 9781316760772 |
Rethinking Legal Scholarship bridges the gap between American and European legal scholarship by looking at underlying methodological challenges.
Author | : |
Publisher | : |
Total Pages | : 182 |
Release | : 1987 |
Genre | : Common law |
ISBN | : |
Author | : |
Publisher | : BRILL |
Total Pages | : 417 |
Release | : 2018-03-06 |
Genre | : Law |
ISBN | : 9004363149 |
The contributions of Understanding the Sources of Early Modern and Modern Commercial Law: Courts, Statutes, Contracts, and Legal Scholarship show the wealth of sources which historians of commercial law use to approach their subject. Depending on the subject, historical research on mercantile law must be ready to open up to different approaches and sources in a truly imaginative and interdisciplinary way. This, more than many other branches of law, has always been largely non-state law. Normative, ‘official’, sources are important in commercial law as well, but other sources are often needed to complement them. The articles of the volume present an excellent assemblage of those sources. Anja Amend-Traut, Albrecht Cordes, Serge Dauchy, Dave De ruysscher, Olivier Descamps, Ricardo Galliano Court, Eberhard Isenmann, Mia Korpiola, Peter Oestmann, Heikki Pihlajamäki, Edouard Richard, Margrit Schulte Beerbühl, Guido Rossi, Bram Van Hofstraeten, Boudewijn Sirks, Alain Wijffels, and Justyna Wubs-Mrozewicz.
Author | : Rob van Gestel |
Publisher | : Cambridge University Press |
Total Pages | : 867 |
Release | : 2017-02-02 |
Genre | : Law |
ISBN | : 1316760502 |
Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?
Author | : Paul W. Kahn |
Publisher | : University of Chicago Press |
Total Pages | : 184 |
Release | : 1999 |
Genre | : Law |
ISBN | : 9780226422558 |
Drawing on philosophers from Plato to Foucault and cultural anthropologists and historians such as Clifford Geertz and Perry Miller, Kahn outlines the conceptual tools necessary for such an inquiry. He analyzes the concepts of time, space, citizen, judge, sovereignty, and theory within the culture of law's rule and goes on to consider the methodological problems entailed in stripping the study of law of its reformist ambitions.
Author | : Lorenzo Maniscalco |
Publisher | : |
Total Pages | : |
Release | : 2019 |
Genre | : |
ISBN | : |