The Canon Of American Legal Thought
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Author | : David Kennedy |
Publisher | : Princeton University Press |
Total Pages | : 936 |
Release | : 2018-06-05 |
Genre | : Law |
ISBN | : 0691186421 |
This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.
Author | : George P. Fletcher |
Publisher | : OUP USA |
Total Pages | : 222 |
Release | : 1996-09-12 |
Genre | : Law |
ISBN | : 9780195083361 |
This is a brief introduction to the major issues in legal philosophy, intended for use as a secondary text in law schools, and in graduate and undergraduate courses in philosophy of law, jurisprudence and legal issues.
Author | : David Kennedy |
Publisher | : Princeton University Press |
Total Pages | : 207 |
Release | : 2009-01-10 |
Genre | : Law |
ISBN | : 1400827361 |
Modern war is law pursued by other means. Once a bit player in military conflict, law now shapes the institutional, logistical, and physical landscape of war. At the same time, law has become a political and ethical vocabulary for marking legitimate power and justifiable death. As a result, the battlespace is as legally regulated as the rest of modern life. In Of War and Law, David Kennedy examines this important development, retelling the history of modern war and statecraft as a tale of the changing role of law and the dramatic growth of law's power. Not only a restraint and an ethical yardstick, law can also be a weapon--a strategic partner, a force multiplier, and an excuse for terrifying violence. Kennedy focuses on what can go wrong when humanitarian and military planners speak the same legal language--wrong for humanitarianism, and wrong for warfare. He argues that law has beaten ploughshares into swords while encouraging the bureaucratization of strategy and leadership. A culture of rules has eroded the experience of personal decision-making and responsibility among soldiers and statesmen alike. Kennedy urges those inside and outside the military who wish to reduce the ferocity of battle to understand the new roles--and the limits--of law. Only then will we be able to revitalize our responsibility for war.
Author | : Justin Desautels-Stein |
Publisher | : Cambridge University Press |
Total Pages | : 596 |
Release | : 2017-12-28 |
Genre | : Law |
ISBN | : 1108365221 |
For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles Sabel and William Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.
Author | : Stephen M. Feldman |
Publisher | : Oxford University Press |
Total Pages | : 285 |
Release | : 2000-01-20 |
Genre | : Law |
ISBN | : 019802696X |
The intellectual development of American legal thought has progressed remarkably quickly form the nation's founding through today. Stephen Feldman traces this development through the lens of broader intellectual movements and in this work applies the concepts of premodernism, modernism, and postmodernism to legal thought, using examples or significant cases from Supreme Court history. Comprehensive and accessible, this single volume provides an overview of the evolution of American legal thought up to the present.
Author | : John Austin |
Publisher | : |
Total Pages | : 674 |
Release | : 1873 |
Genre | : Jurisprudence |
ISBN | : |
Author | : Thomas J. McSweeney |
Publisher | : |
Total Pages | : 305 |
Release | : 2019 |
Genre | : History |
ISBN | : 0198845456 |
This book examines the development of legal professionalism in the early English common law, with specific reference to the 13th-century treatise known as Bracton and to its likely authors.
Author | : Oliver Wendell Holmes |
Publisher | : |
Total Pages | : 448 |
Release | : 1909 |
Genre | : Common law |
ISBN | : |
Author | : Association of American Law Schools |
Publisher | : |
Total Pages | : 890 |
Release | : 1907 |
Genre | : Common law |
ISBN | : |
Author | : Duncan Kennedy |
Publisher | : Harvard University Press |
Total Pages | : 436 |
Release | : 2009-06-01 |
Genre | : Law |
ISBN | : 9780674039520 |
A major statement from one of the foremost legal theorists of our day, this book offers a penetrating look into the political nature of legal, and especially judicial, decision making. It is also the first sustained attempt to integrate the American approach to law, an uneasy balance of deep commitment and intense skepticism, with the Continental tradition in social theory, philosophy, and psychology. At the center of this work is the question of how politics affects judicial activity-and how, in turn, lawmaking by judges affects American politics. Duncan Kennedy considers opposing views about whether law is political in character and, if so, how. He puts forward an original, distinctive, and remarkably lucid theory of adjudication that includes accounts of both judicial rhetoric and the experience of judging. With an eye to the current state of theory, legal or otherwise, he also includes a provocative discussion of postmodernism. Ultimately concerned with the practical consequences of ideas about the law, A Critique of Adjudication explores the aspects and implications of adjudication as few books have in this century. As a comprehensive and powerfully argued statement of a critical position in modern American legal thought, it will be essential to any balanced picture of the legal, political, and cultural life of our nation.