Patterns Of American Jurisprudence
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Author | : Neil Duxbury |
Publisher | : Clarendon Press |
Total Pages | : 530 |
Release | : 1995-06-08 |
Genre | : Law |
ISBN | : 0191018767 |
This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has evolved as a collection of themes which reflect broader American intellectual and cultural concerns.
Author | : G. Edward White |
Publisher | : Quid Pro Books |
Total Pages | : 603 |
Release | : 2010-07-22 |
Genre | : History |
ISBN | : 1610270177 |
A renowned legal historian's collection of astute and timeless essays on such subjects as the process, method and debates of legal history; the truth about Holmes and Brandeis; legal realism & its critics; the origins of tort law; appellate opinions as research sources; Brown v. Board and the role of Earl Warren; and the development of gay rights in U.S. constitutional law. Quality digital format.
Author | : David Alan Sklansky |
Publisher | : Harvard University Press |
Total Pages | : 337 |
Release | : 2021-03-23 |
Genre | : Law |
ISBN | : 0674248902 |
A law professor and former prosecutor reveals how inconsistent ideas about violence, enshrined in law, are at the root of the problems that plague our entire criminal justice system—from mass incarceration to police brutality. We take for granted that some crimes are violent and others aren’t. But how do we decide what counts as a violent act? David Alan Sklansky argues that legal notions about violence—its definition, causes, and moral significance—are functions of political choices, not eternal truths. And these choices are central to failures of our criminal justice system. The common distinction between violent and nonviolent acts, for example, played virtually no role in criminal law before the latter half of the twentieth century. Yet to this day, with more crimes than ever called “violent,” this distinction determines how we judge the seriousness of an offense, as well as the perpetrator’s debt and danger to society. Similarly, criminal law today treats violence as a pathology of individual character. But in other areas of law, including the procedural law that covers police conduct, the situational context of violence carries more weight. The result of these inconsistencies, and of society’s unique fear of violence since the 1960s, has been an application of law that reinforces inequities of race and class, undermining law’s legitimacy. A Pattern of Violence shows that novel legal philosophies of violence have motivated mass incarceration, blunted efforts to hold police accountable, constrained responses to sexual assault and domestic abuse, pushed juvenile offenders into adult prisons, encouraged toleration of prison violence, and limited responses to mass shootings. Reforming legal notions of violence is therefore an essential step toward justice.
Author | : Karl Nickerson Llewellyn |
Publisher | : |
Total Pages | : 531 |
Release | : 1971 |
Genre | : |
ISBN | : |
Author | : Stanisław Goźdź-Roszkowski |
Publisher | : Lodz Studies in Language |
Total Pages | : 0 |
Release | : 2011 |
Genre | : Law |
ISBN | : 9783631615812 |
Translators, law students or legal professionals who begin to deal with legal language face a bewildering variety of legal writings. Even though legal language has been examined from a multitude of perspectives, there are virtually no studies explicitly addressing variation in legal English in terms of recurrent linguistic patterns. This book is a first step towards filling this gap. It provides a corpus-based linguistic description of variation among several selected legal genres, including vocabulary distribution and use (keywords), extended lexical expressions (lexical bundles), and lexico-syntactic co-occurrence patterns (multidimensional analysis). The findings are interpreted in functional terms in an attempt to provide an overall characterization of the most commonly encountered types of legal language.
Author | : Anthony J. Sebok |
Publisher | : Cambridge University Press |
Total Pages | : 343 |
Release | : 1998-10-28 |
Genre | : Law |
ISBN | : 0521480418 |
This work represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought.
Author | : John Fabian Witt |
Publisher | : Yale University Press |
Total Pages | : 185 |
Release | : 2020-08-31 |
Genre | : Political Science |
ISBN | : 0300257775 |
A concise history of how American law has shaped—and been shaped by—the experience of contagion“Contrarians and the civic-minded alike will find Witt’s legal survey a fascinating resource”—Kirkus, starred review “Professor Witt’s book is an original and thoughtful contribution to the interdisciplinary study of disease and American law. Although he covers the broad sweep of the American experience of epidemics from yellow fever to COVID-19, he is especially timely in his exploration of the legal background to the current disaster of the American response to the coronavirus. A thought-provoking, readable, and important work.”—Frank Snowden, author of Epidemics and Society From yellow fever to smallpox to polio to AIDS to COVID-19, epidemics have prompted Americans to make choices and answer questions about their basic values and their laws. In five concise chapters, historian John Fabian Witt traces the legal history of epidemics, showing how infectious disease has both shaped, and been shaped by, the law. Arguing that throughout American history legal approaches to public health have been liberal for some communities and authoritarian for others, Witt shows us how history’s answers to the major questions brought up by previous epidemics help shape our answers today: What is the relationship between individual liberty and the common good? What is the role of the federal government, and what is the role of the states? Will long-standing traditions of government and law give way to the social imperatives of an epidemic? Will we let the inequities of our mixed tradition continue?
Author | : G. Edward White |
Publisher | : |
Total Pages | : 340 |
Release | : 2010-07 |
Genre | : Law |
ISBN | : 9781610270212 |
A renowned legal historian's collection of astute and timeless essays on such important subjects as the process, method and debates of legal history; the unvarnished truth about Holmes and Brandeis; legal realism and its critics; the origins of tort law in America; appellate opinions as research sources; Brown v. Board of Education and the roles of Earl Warren and of public opinion; and the development of gay rights and relationship privacy and liberty in U.S. constitutional law.
Author | : Beth H. Piatote |
Publisher | : Yale University Press |
Total Pages | : 241 |
Release | : 2013-03-19 |
Genre | : History |
ISBN | : 0300189095 |
Amid the decline of U.S. military campaigns against Native Americans in the late nineteenth century, assimilation policy arose as the new front in the Indian Wars, with its weapons the deployment of culture and law, and its locus the American Indian home and family. In this groundbreaking interdisciplinary work, Piatote tracks the double movement of literature and law in the contest over the aims of settler-national domestication and the defense of tribal-national culture, political rights, and territory.
Author | : William M. Wiecek |
Publisher | : Oxford University Press, USA |
Total Pages | : 300 |
Release | : 2001 |
Genre | : History |
ISBN | : 9780195147131 |
This volume examines legal ideology in the US from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.