The American Journal Of Jurisprudence
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Author | : Joshua Neoh |
Publisher | : Cambridge University Press |
Total Pages | : 221 |
Release | : 2019-07-04 |
Genre | : Law |
ISBN | : 1108427650 |
Moving from monasticism to constitutionalism, and from antinomianism to anarchism, this book reveals law's connection with love and freedom.
Author | : Joel Harrison |
Publisher | : Cambridge University Press |
Total Pages | : 279 |
Release | : 2020-07-09 |
Genre | : Law |
ISBN | : 110883650X |
A radically theological-political account of religious liberty, challenging secularisation narratives and liberal egalitarian arguments.
Author | : N. W. Barber |
Publisher | : Oxford University Press |
Total Pages | : 417 |
Release | : 2018-07-25 |
Genre | : Law |
ISBN | : 0192535684 |
In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.
Author | : Christoph Kletzer |
Publisher | : Bloomsbury Publishing |
Total Pages | : 245 |
Release | : 2018-01-25 |
Genre | : Law |
ISBN | : 1509913440 |
Most contemporary legal philosophers tend to take force to be an accessory to the law. According to this prevalent view the law primarily consists of a series of demands made on us; force, conversely, comes into play only when these demands fail to be satisfied. This book claims that this model should be jettisoned in favour of a radically different one: according to the proposed view, force is not an accessory to the law but rather its attribute. The law is not simply a set of rules incidentally guaranteed by force, but it should be understood as essentially rules about force. The book explores in detail the nature of this claim and develops its corollaries. It then provides an overview of the contemporary jurisprudential debates relating to force and violence, and defends its claims against well-known counter-arguments by Hart, Raz and others. This book offers an innovative insight into the concept of Pure Theory. In contrast to what was claimed by Hans Kelsen, the most eminent contributor to this theory, the author argues that the core insight of the Pure Theory is not to be found in the concept of a basic norm, or in the supposed absence of a conceptual relation between law and morality, but rather in the fundamental and comprehensive reformulation of how to model the functioning of the law intended as an ordering of force and violence.
Author | : Stefan Fafinski |
Publisher | : Oxford University Press |
Total Pages | : 557 |
Release | : 2023-07-14 |
Genre | : |
ISBN | : 0192873083 |
The number one best-selling legal skills guide, covering all the practical and academic skills a student needs throughout their studies. Legal Skills is the essential text for students new to law, helping them make the transition from secondary education and equipping them with the skills they need to succeed from the beginning of their degree, through to final-year exams and dissertations.· Written in an accessible and friendlystyle, structured in three parts: Sources of Law, Academic Legal Skills, and Practical Legal Skills· Self-test questions and practical activities throughout allow students to take a hands-on approach tolearning a wide range of legal skills· Diagrams, screenshots and examples used frequently to illustrate key concepts· New chapter on drafting skills, introducing writing skills necessary in legal practice· New 'skills beyond study' feature which helps students identify the transferability of legal skills· Updated coverage of the impact of Brexit and retained EU law· New section on taking care of yourself during theassessment period and how to find support for mental health and accessibility· Videos on presentation, mooting, and negotiation refreshed Digital formats and resourcesThe ninthedition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with embedded self-assessment activities, and multi-media content including a series of supportive videos and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks- The study tools that enhance the e-book are all also availableas stand-alone online resources for use alongside the print book. They include answers to the self-test questions and practical exercises from the book, and a glossary of all the keywords and terms used. There is also an extensiverange of videos with guidance on topics from what to expect from lectures and tutorials, how to research for essays and structure problem questions, to examples of good and bad practice in mooting and negotiations.
Author | : Neil Duxbury |
Publisher | : |
Total Pages | : 544 |
Release | : 1995 |
Genre | : History |
ISBN | : |
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 reflects broader American intellectual and cultural concerns.
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 | : James C. Mohr |
Publisher | : |
Total Pages | : 340 |
Release | : 1996 |
Genre | : Medical |
ISBN | : 9780801853982 |
After the American Revolution, the new republic's most prominent physicians envisioned a society in which doctors, lawyers, and the state might work together to ensure public well-being and a high standard of justice. But as James C. Mohr reveals in Doctors and the Law, what appeared to be fertile ground for cooperative civic service soon became a battlefield, as the relationship between doctors and the legal system became increasingly adversarial. Mohr provides a graceful and lucid account of this prfound shift from civic republicanism to marketplace professionalism. He shows how, by 1900, doctors and lawyers were at each other's throats, medical jurisprudence had disappeared as a serious field of study for American physicians, the subject of insanity had become a legal nightmare, expert medical witnesses had become costly and often counterproductive, and an ever-increasing number of malpractice suits had intensified physicians' aversion to the courts. In short, the system we have taken largely for granted throughout the twentieth century had been established. Doctors and the Law is a penetrating look at the origins of our inherited medico-legal system.
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.
Author | : Adam MacLeod |
Publisher | : The Elias Clark Group |
Total Pages | : 84 |
Release | : 2008 |
Genre | : |
ISBN | : 0980522420 |