The Problems of Jurisprudence

The Problems of Jurisprudence
Author: Richard A. Posner
Publisher: Harvard University Press
Total Pages: 524
Release: 1990
Genre: Law
ISBN: 9780674708761

In this book, Richard A. Posner examines how judges go about making difficult decisions. Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. -- Adapted from Amazon.com summary.

Jurisprudence

Jurisprudence
Author: Suri Ratnapala
Publisher: Cambridge University Press
Total Pages: 433
Release: 2013-09-30
Genre: Law
ISBN: 1107292697

Jurisprudence offers a comprehensive overview of legal theory and philosophy. Written in plain English, it examines and demystifies the discipline's major ideas, promoting a deeper understanding of the social, moral and economic dimensions of the law. It critically assesses the major schools of jurisprudential thought throughout history and to the present, from Plato and Aristotle to Enlightenment thinkers, postmodernists and economic analysts. The book challenges students to reconsider their moral intuitions in light of established theories. This edition examines recent debates and literature in legal philosophy. It features new material on scientific advances in cognition and human behaviour in relation to the law. The book expands significantly on its discussion of natural law theory, evolutionary jurisprudence and theories of justice. Special attention is paid to the revival of theological natural law, challenges to legal positivism, assessments of Scandinavian realism and critiques of law and economics from the Austrian economic perspective.

McCoubrey & White's Textbook on Jurisprudence

McCoubrey & White's Textbook on Jurisprudence
Author: James Penner
Publisher: Oxford University Press
Total Pages: 292
Release: 2012-08-30
Genre: Law
ISBN: 0199584346

This textbook provides an introduction to and analysis of the major theories and controversies of jurisprudence. Starting with an overview of the nature of jurisprudence, then moving on to examine the theories and main protagonists in more detail, it is an ideal text for undergraduate students studying the subject for the first time.

Jurisprudence

Jurisprudence
Author: Robert L. Hayman
Publisher: West Academic Publishing
Total Pages: 1028
Release: 2002
Genre: Law
ISBN:

This text presents cutting edge contemporary materials, as well as new chapters on Natural Law, Positivism, Gay Legal Rights and Critical Lawyering. The book offers comprehensive coverage of legal theory from traditional to current movements, including new materials on Legal Formalism, Legal Process, Latino Critical, and Queer Critical Theory. Also contains extensive readings and updated and amplified notes, questions, problems, and bibliographies.

The Philosophy of Positive Law

The Philosophy of Positive Law
Author: James Bernard Murphy
Publisher: Yale University Press
Total Pages: 254
Release: 2008-10-01
Genre: Law
ISBN: 0300138016

In this first book-length study of positive law, James Bernard Murphy rewrites central chapters in the history of jurisprudence by uncovering a fundamental continuity among four great legal philosophers: Plato, Thomas Aquinas, Thomas Hobbes, and John Austin. In their theories of positive law, Murphy argues, these thinkers represent successive chapters in a single fascinating story. That story revolves around a fundamental ambiguity: is law positive because it is deliberately imposed (as opposed to customary law) or because it lacks moral necessity (as opposed to natural law)? These two senses of positive law are not coextensive yet the discourse of positive law oscillates unstably between them. What, then, is the relation between being deliberately imposed and lacking moral necessity? Murphy demonstrates how the discourse of positive law incorporates both normative and descriptive dimensions of law, and he discusses the relation of positive law not only to jurisprudence but also to the philosophy of language, ethics, theories of social order, and biblical law.

The Jurisprudence of Sport

The Jurisprudence of Sport
Author: Mitchell N. Berman
Publisher: West Academic Publishing
Total Pages: 625
Release: 2021-04-26
Genre:
ISBN: 9781684678907

This textbook, the first of its kind, makes it easy--and fun!--to teach an exciting new course on the "jurisprudence of sport." Unlike sports law, which treats sports as objects of regulation by ordinary legal systems, this course treats sports and games as legal systems to be studied in their own right. The book is appropriate not only for law students but also for undergraduates; it offers an introduction to legal thinking but requires no background in legal doctrine. Student-friendly and deeply comparative, the text draws examples from the world's most popular team and individual sports and games (including baseball, football, soccer, tennis, golf, gymnastics, chess, boxing, and esports) and also from less widely known competitions (competitive eating, cornhole, etc.). Chapters are organized in an intuitive sports-focused manner, covering such issues as scoring systems, penalties, league structure, player eligibility and assignment, amateurism, officiating, replay review, and cheating. The jurisprudence of sport is a fast-developing field of academic study. The authors, one of them a leading figure in the field and both professors at top law schools, maintain a high degree of analytical rigor and theoretical sophistication. Icons sprinkled throughout introduce students to fundamental concepts, some law-particular (such as rules vs. standards and prices vs. sanctions) and others from cognate disciplines (such as agency costs, the Coase Theorem, and psychological biases and heuristics). Richly filled with comments, questions, and exercises, the text facilitates a large variety of pedagogical approaches and is suitable for 2- to 4-credit courses.

Jurisprudence

Jurisprudence
Author: Suri Ratnapala
Publisher: Cambridge University Press
Total Pages: 390
Release: 2009-05-05
Genre: Law
ISBN: 9780521614832

Jurisprudence is about the nature of law and justice. It embraces studies and theories from a range of disciplines such as history, sociology, political science, philosophy, psychology and even economics. Why do people obey the law? How does law serve society? What is law's relation to morality? What is the nature of rights? This book introduces and critically discusses the major traditions of jurisprudence. Written in a lucid and accessible style, Suri Ratnapala considers a wide range of views, bringing conceptual clarity to the debates at hand. From Plato and Aristotle to the medieval scholastics, from Enlightenment thinkers to postmodernists and economic analysts of law, this important volume examines the great philosophical debates and gives insight into the central questions concerning law and justice.