Material Law

Author: John Brigham
Publisher: Temple University Press
ISBN: 9781592139644
Format: PDF, ePub, Docs
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Law is part of the process by which people construct their views of the world. In Material Law, distinguished scholar John Brigham focuses on the places where law and material life intersect, and how law creates and alters our social reality. Brigham looks at an eclectic group of bodies and things—from maps and territories and trends in courthouse architecture to a woman’s womb and a judge’s body—to make connections between the material and the legal. Theoretically sophisticated, and consistently fascinating, Material Law integrates law and society, political science, and popular culture in a truly interdisciplinary fashion. Brigham examines how the meaning of law is influenced by politics, reviewing, for example, whether the authority of global law supersedes that of national law in the context of Anglo-American cultural colonialism. What emerges is a well-reasoned look at how the authority of law constitutes what we see as real in our lives.

Politics of Parking

Author: Dr Sarah Marusek
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409498026
Format: PDF, ePub, Mobi
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There is more to parking law than just parking penalties. Considering the ways in which law works in everyday life, and in familiar places of common experience where the presence of law is not obvious, this book explores the various notions of the right to park, which jurisprudentially is enacted between individuals in everyday parking. From parking areas to the courtroom, parking engenders disputes over equality, speech, legitimacy, and entitlement that reach beyond the stated scope of policy. Looking beyond the obvious, this book examines the contested site of the parking space as a place of socio-legal meaning where property claims and rights shape identities. Adopting a constitutive approach to the study of law, the book examines how regulation of parking policy is at odds with the force of localised politics, producing competing notions of legality and examples of legal semiotics within the terrain of legal geography.

Schools of Jurisprudence

Author: Robert E. Rodes
Publisher:
ISBN: 9781594609602
Format: PDF, ePub, Docs
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Professor Rodes defines Jurisprudence as "the legal profession's account of what law is about." Since they lawyers, judges, and legislators doing their work are all looking at the same phenomenon, writers on Jurisprudence must all draw from the same limited body of material in constructing their theories. In this book, Rodes examines these materials and then classifies the various schools of Jurisprudence according to which of the materials they use and how they use them. In describing the available materials, Rodes looks first at what he calls the "internal account": legal work considered in itself, the definition and scope of the enterprise. He then takes up the non-legal disciplines that are or have been used in legal decision-making, and the values that are or have been considered suitable for legal implementation. The rest of the book is devoted to taking up fifteen actual schools of jurisprudence one by one, classifying them in accordance with how each one defines and limits the work of the legal profession, what other disciplines each one uses in describing or applying law, and which values each one seeks to implement through law. The aim is to be exhaustive. All the old familiar schools are included Analytical Positivism, Natural Law, and the rest. So are more recent arrivals such as Critical Legal Studies, and ideological schools such as Marxism on the one side and Wealth Maximization on the other. Rodes's presentation is clear and as free from technical language as possible in covering the subject. He is often critical, but he is careful to describe the doctrines of the different schools fairly before criticizing them. Readers, whether or not they agree with the author, will be able to learn from this book. People who wish to choose among the jurisprudential doctrines on the market will find them all displayed here, and people who wish to make up their own jurisprudential doctrine will find here all the material they need for doing so.

Classic Problems of Jurisprudence

Author: Robert E. Rodes
Publisher:
ISBN: 9781594601330
Format: PDF, Docs
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What Professor Rodes calls classic problems of jurisprudence are the ones that dominated the subject from the mid-nineteenth century until the recent past ? definitions of legal concepts and of law itself, the place of moral principles in legal reasoning, the meanings of words used in law, the relation between rights and remedies, and the tension between using law to make things happen and using law to teach people how to live together. Rodes argues that answers to these problems must constitute the building blocks of any jurisprudential theory.In the book, he provides a succinct discussion of each problem, followed by a set of cases whose decision depends on what solution one adopts for that problem. There are real and hypothetical cases, personal experiences, and news items. There are reported cases from 1313 to 1993, legislative materials from fourth century Romans to twenty-first century Canadians. Anyone who wants to know how jurisprudential questions affect that actual making and application of laws will find ample material for reflection here.After teaching jurisprudence for more than forty years, Rodes has definite opinions on all these questions, and he is not shy about expressing them. But he presents alternative views fairly and respectfully. ?My object throughout,? he says, ?is to present the problems, not my solutions to them.?

A Treatise of Legal Philosophy and General Jurisprudence

Author: Enrico Pattaro
Publisher: Springer Science & Business Media
ISBN: 1402035055
Format: PDF, Kindle
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This paperback edition of the first of the twelve volumes of A Treatises of Legal Philosophy and General Jurisprudence, serves as an introduction to the first-ever multivolume treatment of all important issues in legal philosophy and general jurisprudence, consisting of a five-volume theoretical part and a six-volume historical part. The theoretical part covers the main topics of contemporary debate. The historical volumes trace the development of legal thought from ancient Greek times through the twentieth century. All volumes are edited by the renowned theorist Enrico Pattaro.

Jurisprudence

Author: Wayne Morrison
Publisher: Routledge
ISBN: 1135352828
Format: PDF, ePub
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This challenging book on jurisprudence begins by posing questions in the post-modern context,and then seeks to bridge the gap between our traditions and contemporary situation. It offers a narrative encompassing the birth of western philosophy in the Greeks and moves through medieval Christendom, Hobbes, the defence of the common law with David Hume, the beginnings of utilitarianism in Adam Smith, Bentham and John Stuart Mill, the hope for enlightenment with Kant, Rousseau, Hegel and Marx, onto the more pessimistic warnings of Weber and Nietzsche. It defends the work of Austin against the reductionism of HLA Hart, analyses the period of high modernity in the writings of Kelsen, Hart and Fuller, and compares the different approaches to justice of Rawls and Nozick. The liberal defence of legality in Ronald Dworkin is contrasted with the more disillusioned accounts of the critical legal studies movement and the personalised accounts of prominent feminist writers.

Normative Jurisprudence

Author: Robin West
Publisher: Cambridge University Press
ISBN: 1139504126
Format: PDF, Kindle
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Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.

A Treatise of Legal Philosophy and General Jurisprudence

Author: Damiano Canale
Publisher: Springer Science & Business Media
ISBN: 9048129648
Format: PDF
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TO VOLUMES 9 AND 10 OF THE TREATISE I am happy to present here the third batch of volumes for the Treatise project: This is the batch consisting of Volumes 9 and 10, namely, A History of the P- losophy of Law in the Civil Law World, 1600–1900, edited by Damiano Canale, Paolo Grossi, and Hasso Hofmann, and The Philosophers’ Philosophy of Law from the Seventeenth Century to Our Days, by Patrick Riley. Three v- umes will follow: Two are devoted to the philosophy of law in the 20th c- tury, and the third one will be the index for the entire Treatise, which will 1 therefore ultimately comprise thirteen volumes. This Volume 9 runs parallel to Volume 8, A History of the Philosophy of Law in the Common Law World, 1600–1900, by Michael Lobban, published in 2007. Volume 10, for its part, takes up where Volume 6 left off: which appeared under the title A History of the Philosophy of Law from the Ancient Greeks to the Scholastics (edited by Fred Miller Jr. in association with Carrie-Ann Biondi, likewise published in 2007), and which is mainly a history of the p- losophers’ philosophy of law (let us refer to this philosophy as A).