Contemporary Legal Theory
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Author | : Jane Adolphe |
Publisher | : Lexington Books |
Total Pages | : 254 |
Release | : 2012-03-22 |
Genre | : Religion |
ISBN | : 0739174231 |
The editors of this unique collection of essays exploring the relationship of St. Paul and the natural law bring together contributions by scripture scholars, theologians, philosophers, and international lawyers. Inspired by the special Jubilee Year from June 2008 to June 2009 – proclaimed by Pope Benedict XVI to celebrate the 2,000-year anniversary of the birth of St. Paul – the chapters in this book are the fruit of the contributors’ collaboration during the celebration of the Year of St. Paul. They share a common appreciation of the natural law as a basis for civil law and contemporary legal theory, and each chapter examines the foundations of the natural law – particularly in the writings of St. Paul – giving special recognition to the Catholic contributions to natural law and contemporary legal theory.
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.
Author | : Mauro Zamboni |
Publisher | : Springer Science & Business Media |
Total Pages | : 171 |
Release | : 2007-10-25 |
Genre | : Law |
ISBN | : 3540739262 |
This book reconstructs and classifies, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether and how law relates to politics. It presents a possible explanation as to why different legal theories, though often reaching diametric results, somehow must still begin from common basic points.
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 | : Marett Leiboff |
Publisher | : |
Total Pages | : |
Release | : 2014 |
Genre | : |
ISBN | : 9780455242538 |
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 | : Mauro Zamboni |
Publisher | : Bloomsbury Publishing |
Total Pages | : 222 |
Release | : 2007-11-19 |
Genre | : Law |
ISBN | : 1847313892 |
The book focuses on the relationship between law and politics as perceived by the legal community and more specifically, the transformation of politics into law. After exploring the relationship between law and politics as considered by the major modern schools of legal theory, the focus moves to the regions of interaction in which law and politics meet, termed the "policy of law." The policy of law is characterized in this work as the stage of the law-making process at which values entrenched in political decisions are transformed into legal concepts in order to fit the existing legal system. The space labeled as policy of law is today mainly (but not exclusively) the domain of legal actors. Consequently, the identification of a branch of the legal discipline specifically devoted to the investigation of the transformations of values into law is given: the policy of law analysis. Finally, whether and to what extent the policy of law analysis can be encompassed within the traditional legal discipline and, more particularly, as a part of jurisprudence, is explored. "Zamboni ranges broadly and knowledgeably over vast areas of legal theory. But it is no mere taxonomising - his argument is valuable and original. It is clear, learned and never boring." [Zenon Bankowski, University of Edinburgh].
Author | : Petar Popovic |
Publisher | : CUA Press |
Total Pages | : 328 |
Release | : 2022-02-04 |
Genre | : Law |
ISBN | : 0813235502 |
This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.
Author | : Roger Cotterrell |
Publisher | : Oxford University Press |
Total Pages | : 404 |
Release | : 1995 |
Genre | : Law |
ISBN | : 9780198264903 |
These essays seek to re-locate the relationship between the traditional concerns of legal theory and the sociology of law by establishing a consistent theoretical approach to the analysis of law in contemporary Western societies.
Author | : Tom Angier |
Publisher | : Cambridge University Press |
Total Pages | : 118 |
Release | : 2021-09-16 |
Genre | : Philosophy |
ISBN | : 1108586392 |
In Section 1, I outline the history of natural law theory, covering Plato, Aristotle, the Stoics and Aquinas. In Section 2, I explore two alternative traditions of natural law, and explain why these constitute rivals to the Aristotelian tradition. In Section 3, I go on to elaborate a via negativa along which natural law norms can be discovered. On this basis, I unpack what I call three 'experiments in being', each of which illustrates the cogency of this method. In Section 4, I investigate and rebut two seminal challenges to natural law methodology, namely, the fact/value distinction in metaethics and Darwinian evolutionary biology. In Section 5, I then outline and criticise the 'new' natural law theory, which is an attempt to revise natural law thought in light of the two challenges above. I conclude, in Section 6, with a summary and some reflections on the prospects for natural law theory.