The Universal History Of Legal Thought
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| Author | : Roberto Mangabeira Unger |
| Publisher | : Deep Freedom Books |
| Total Pages | : 76 |
| Release | : 2021-01-29 |
| Genre | : Law |
| ISBN | : |
This essay explores the contradictory coexistence between two approaches to law that have been dominant in all major legal traditions: law as the normative order chosen by the legitimate and effective holders of power in the state and law as a normative order implicit in social life -- a series of detailed models of what relations among people can and should look like in different parts of social experience. The rudimentary form of the first approach is legal thought as the interpretation of law laid down by the sovereign. The simplest form of the second approach is legal thought as authoritative doctrine developed by jurists and judges in the absence of legislation or as its most important source. The central problems of legal theory result from the impossibility of reconciling these two views of law. The solution to those problems is not theoretical; it is practical: the changes in the organization of society, the economy, and the state that would make democratic self-government a reality -- rather than the sham that it continues to be -- and transform the character of both legislation and legal doctrine. Such a practical solution, however, requires, to guide it, a revolution in our thinking about the institutional and ideological regimes, expressed as law, that shape social life. The foremost task of legal thought today, and the answer to the enigmas of its universal history, is to contribute to the development of that way of thinking.
| Author | : Roberto Mangabeira Unger |
| Publisher | : Verso Books |
| Total Pages | : 226 |
| Release | : 2015-03-03 |
| Genre | : Law |
| ISBN | : 1781683417 |
Critical legal studies is the most important development in progressive thinking about law of the past half century. It has inspired the practice of legal analysis as institutional imagination, exploring, with the materials of the law, alternatives for society. The Critical Legal Studies Movement was written as the manifesto of the movement by its central figure. This new edition includes a revised version of the original text, preceded by an extended essay in which its author discusses what is happening now and what should happen next in legal thought.
| Author | : Horatia Muir Watt |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 367 |
| Release | : 2023-05-18 |
| Genre | : Law |
| ISBN | : 1509940111 |
This important book offers an ambitious and interdisciplinary vision of how private international law (or the conflict of laws) might serve as a heuristic for re-working our general understandings of legality in directions that respond to ever-deepening global ecological crises. Unusual in legal scholarship, the author borrows (in bricolage mode) from the work of Bruno Latour, alongside indigenous cosmologies, extinction theories and Levinassian phenomenology, to demonstrate why this field's specific frontier location at the outpost of the law where it is viewed from the outside as obscure and from the inside as a self-contained normative world generates its potential power to transform law generally and globally. Combining pragmatic and pluralist theory with an excavation of 'shadow' ecological dimensions of law, the author, a recognised authority within the field as conventionally understood, offers a truly global view. Put simply, it is a generational magnum opus. All international and transnational lawyers, be they in the private or public field, should read this book.
| Author | : Daniel Lee |
| Publisher | : Oxford University Press |
| Total Pages | : 385 |
| Release | : 2016-02-19 |
| Genre | : Law |
| ISBN | : 0191062448 |
Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from "the people" - is the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. This book explores the intellectual origins of this influential doctrine and investigates its chief source in late medieval and early modern thought - the legal science of Roman law. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as François Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the classical model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.
| Author | : Theodore Frank Thomas Plucknett |
| Publisher | : The Lawbook Exchange, Ltd. |
| Total Pages | : 828 |
| Release | : 2001 |
| Genre | : Common law |
| ISBN | : 1584771372 |
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
| Author | : Gianfrancesco Zanetti |
| Publisher | : Springer Nature |
| Total Pages | : 303 |
| Release | : 2023-03-28 |
| Genre | : Law |
| ISBN | : 3031195507 |
This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.
| Author | : Charles Abrahams |
| Publisher | : Penguin Random House South Africa |
| Total Pages | : 198 |
| Release | : 2019-01-25 |
| Genre | : Biography & Autobiography |
| ISBN | : 1776093534 |
Charles Abrahams has spearheaded class-action lawsuits to defend the vulnerable and oppressed, but as a child he experienced oppression himself in the most visceral way. In this remarkable memoir, Charles recounts his poverty-stricken youth on the Cape Flats, amidst habitual gang fights and domestic violence. In the tiny home he shared with ten siblings, his father abused his mother, while at school he and other learners were brutalised by teachers and subjected to inferior ‘Bantu education’. Growing increasingly resilient and resistant, Charles joined the school boycotts of the late 1980s, educated himself through relentless reading, and succeeded in studying at university and qualifying as a lawyer. He made a living defending local gangsters, until a scholarship took him to the Netherlands to study international law. There, in the seedy streets of Amsterdam, he confronted the racial and sexual scars of his past. Charles returned to South Africa determined to use class-action lawsuits as a weapon of social justice. He sued multinationals in New York for supporting the apartheid govern- ment, took on food companies for xing the price of bread, and secured a R5-billion settle- ment from South Africa’s goldmining industry for miners suffering from silicosis and tuberculosis. Class Action is the honest, insightful and inspiring story of a man who wrestled with oppression and resolved to keep fighting it.
| Author | : Daniel McLinden |
| Publisher | : Universal-Publishers |
| Total Pages | : 120 |
| Release | : 2021-01-01 |
| Genre | : Law |
| ISBN | : 1627343261 |
Here American history and American law merge into one. Key historical events and landmark legal cases fill the pages of this book. American ideals of “All men are created equal” and “Equal justice under law” run headlong into white supremacy and gender inequality. This textbook allows history teachers and students alike to explore the social and cultural impact of judicial thinking on American society. The lessons are clear, concise and informative. They can be taught in a single semester in a Civil Rights class or in tandem with an American History class. A wider reading audience, interested in how the wheels of justice turn, can gain a deep understanding in short order of the history and case law surrounding civil rights. WORDS OF PRAISE "A brief and comprehensive analysis of cases with perceptible legal acuity from beginning of the nation to present day. This book gives readers substantial insight into how the legal system did or did not work. It documents graphically how the law is a living, organic and expanding force." --William J. McCarthy Lawyer/Educator McAllen, Texas "A must read for history students! Mr. McLinden’s book chronicles details of past and recent events in US history. This book does not contain any fluff or useless information." --Bitsey Horton Paralegal Los Angeles, California "A stimulating new book, with a great narrative. It turns usually impenetrable legal writings into a fabled, real-life struggle for civil rights. It shows how lawmakers and courts have promoted and protected personal freedoms, but also have historically attacked and ignored those same freedoms. This panoramic view provides an honest portrayal of the strides and setbacks our country has been dealing with in our march towards Justice for All." --Robert F. Durham Ph.D. 30-year History teacher Salt Lake City Schools
| Author | : James Henderson Burns |
| Publisher | : Cambridge University Press |
| Total Pages | : 818 |
| Release | : 1991 |
| Genre | : History |
| ISBN | : 9780521477727 |
This book, first published in 1992, presents a comprehensive scholarly account of the development of European political thinking through the Renaissance and the reformation to the 'scientific revolution' and political upheavals of the seventeenth century. It is written by a highly distinguished team of contributors.
| Author | : Carsten Stahn |
| Publisher | : Oxford University Press |
| Total Pages | : 729 |
| Release | : 2020-06-10 |
| Genre | : Law |
| ISBN | : 0192607944 |
The International Criminal Tribunal for the former Yugoslavia (ICTY) is one the pioneering experiments in international criminal justice. It has left a rich legal, institutional, and non-judicial legacy. This edited collection provides a broad perspective on the contribution of the tribunal to law, memory, and justice. It explores some of the accomplishments, challenges, and critiques of the ICTY, including its less visible legacies. The book analyses different sites of legacy: the expressive function of the tribunal, its contribution to the framing of facts, events, and narratives of the conflict in the former Yugoslavia, and investigative and experiential legacies. It also explores lesser known aspects of legal practice (such as defence investigative ethics, judgment drafting, contempt cases against journalists, interpretation and translation), outreach, approaches to punishment and sentencing, the tribunals' impact on domestic legal systems, and ongoing debates over impact and societal reception. The volume combines voices from inside the tribunal with external perspectives to elaborate the rich history of the ICTY, which continues to be written to this day.
