Legal Theory and the Legal Academy

Legal Theory and the Legal Academy
Author: MaksymilianDel Mar
Publisher: Routledge
Total Pages: 435
Release: 2017-07-05
Genre: History
ISBN: 1351560506

The third in a series of three volumes on Contemporary Legal Theory, this volume deals with four topics: 1) the role of legal theory in the legal curriculum; 2) the teaching of legal theory; 3) the relationship of legal theory to legal scholarship; and 4) the relationship of legal theory to comparative law. The focus of the first two topics is on the common law world, where the debates over the aims and proper place of legal theory in the study of law have traversed a good deal of ground since John Austin's 1828 lecture, 'The Uses and the Study of Jurisprudence.' These first two parts offer a selection of the most important papers, including surveys, as well as pedagogical viewpoints and particular course descriptions from analytical, critical, feminist, law-and-literature and global perspectives. The last three decades have seen just as many changes for legal scholarship and comparative law. These changes (such as the rise of empirical legal scholarship) have often attracted the attention of legal theorists. Within comparative law, the last thirty years have witnessed intense methodological reflection within the discipline; the results of these reflections are themselves properly recognised as legal theoretical contributions. The volume collects the key papers, including those by Neil MacCormick, Mark Van Hoecke, Andrew Halpin, William Ewald and Geoffrey Samuel.

Theory of Legal Evidence - Evidence in Legal Theory

Theory of Legal Evidence - Evidence in Legal Theory
Author: Verena Klappstein
Publisher: Springer Nature
Total Pages: 274
Release: 2022-01-03
Genre: Law
ISBN: 3030838412

This book addresses theoretical problems concerning legal evidence. The concept of evidence is expected to fulfill a number of distinct roles in science and philosophy, but also in legal theory and law, some of which are complementary, while others are conflicting. In their profession, lawyers have to deal with evidence and proof. Yet the legal concept of evidence is constantly changing, and the debate concerning the distinction between a legal concept of evidence, the ordinary concept of evidence and the concept of evidence in science is far from being settled. What is more, the problem of evidence is central to both epistemology and the philosophy of science, and by extension to our academic thinking on law. In short, legal theorists’ interest in evidence may include such diverse objects as a bloody knife, sensory data, linguistic entities or psychologically recognized beliefs. The book surveys selected theoretical roles that the concept of evidence plays and explores their relations and interconnections. The content is divided into three parts, investigating: (1) evidence in epistemology and the philosophy of science, which focuses on evidence methodologies and the problem of proof in legal scholarship; (2) evidence in legal theory and legal philosophy, where particular attention is paid to the interplay between evidence, legal reasoning and the binding force of such reasoning; and (3) evidence in law, where theoretical problems pertaining to witnesses, expert opinions, explanations of the accused, statistical evidence and neuroscientific evidence are examined.

Dictionary of Theories, Laws, and Concepts in Psychology

Dictionary of Theories, Laws, and Concepts in Psychology
Author: Jon Roeckelein
Publisher: Bloomsbury Publishing USA
Total Pages: 580
Release: 1998-10-28
Genre: Psychology
ISBN: 0313008639

Fully cross-referenced and source-referenced, this dictionary contains over 1200 entries consisting of terms concerning laws, theories, hypotheses, doctrines, principles, and effects in early and contemporary psychological literature. Each entry consists of the definition/description of the term with commentary, followed by a number of cross-referenced, related terms, and by chronologically-ordered source references to indicate the evolution of the term. An appendix provides supplementary material on many laws and theories not included in the dictionary itself and will be helpful to students and scholars concerned with specialty areas in psychology.

Introduction to Jurisprudence and Legal Theory

Introduction to Jurisprudence and Legal Theory
Author: Anne Barron
Publisher:
Total Pages: 1234
Release: 2002-08-13
Genre: Law
ISBN:

This text lays out a course of study combining the traditional subject matter of jurisprudence with a series of introductions to a variety of other theoretical perspectives. It is designed for those taking jurisprudence/legal theory courses, and political science, philosophy and sociology students.

The Oxford Handbook of the Theory of International Law

The Oxford Handbook of the Theory of International Law
Author: Anne Orford
Publisher: Oxford University Press
Total Pages: 1094
Release: 2016-09-22
Genre: Law
ISBN: 0191005568

The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.

Legal Method and the Rule of Law

Legal Method and the Rule of Law
Author: Sebastián Urbina
Publisher: Springer Science & Business Media
Total Pages: 272
Release: 2002-08-31
Genre: Law
ISBN: 9789041118707

We cannot see the world as it is because we face it in a 'contaminated' vein. That is, our conceptual scheme and biological constitution condition our world view. The legal normative world we are dealing with has some special features, like the primacy of practical reason over theoretical reason and the primacy of the internal point of view over the external point of view. Although it is not a feature of all legal traditions, 'legal dogmatics' is a privileged way of knowing legal normative object, that is, our legal orders. But we are not undertaking - as legal scholars - an empiricist enterprise because, among other reasons, we are not interested in the reality 'in itself' but in the 'relevant' reality, at least for us. In this respect, we do not only depend on theories (like physicists) but also on legal authoritative sources, that is, power and legitimacy. Legal scholars (and other participants in the legal life) are not neutral observers of their own world, trying to discover some hidden truth. They are committed experts trying to describe, justify and improve the legal order.

Law/Society

Law/Society
Author: John Sutton
Publisher: Pine Forge Press
Total Pages: 324
Release: 2001
Genre: Family & Relationships
ISBN: 9780761987055

A core text for the Law and Society or Sociology of Law course offered in Sociology, Criminal Justice, Political Science, and Schools of Law. * John Sutton offers an explicitly analytical perspective to the subject - how does law change? What makes law more or less effective in solving social problems? What do lawyers do? * Chapter 1 contrasts normative and sociological perspectives on law, and presents a brief primer on the logic of research and inference as it is applied to law related issues. * Theories of legal change are discussed within a common conceptual framework that highlights the explantory strengths and weaknesses of different arguments. * Discussions of "law in action" are explicitly comparative, applying a consistent model to explain the variable outcomes of civil rights legislation. * Many concrete, in-depth examples throughout the chapters.

Weimar

Weimar
Author: Arthur Jacobson
Publisher: Univ of California Press
Total Pages: 436
Release: 2000
Genre: History
ISBN: 9780520236813

"An important resource, it includes the most significant and influential texts representative of the political and conceptual diversity of the intellectual approaches of that time. . . . Very significant for contemporary debates about the relationship between state, law, and constitution."—Ulrich Karl Preuss, Freie Universität Berlin