Methods, theory and philosophy of law Books
Duncker & Humblot Vielfalt Im Recht
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£59.92
Duncker & Humblot Politische Theologie: Vier Kapitel Zur Lehre Von
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£18.90
Duncker & Humblot GmbH Wider intellektuelle Moden
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£79.92
Duncker & Humblot Uber Die Drei Arten Des Rechtswissenschaftlichen
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£18.90
Duncker & Humblot Die Diktatur: Neunte, Korrigierte Auflage
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£38.16
Duncker & Humblot Foderalismus-Rhetorik-Dekonstruktionen -
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£999.99
Duncker & Humblot GmbH Rechtsfortbildungsgleichheit
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£63.92
Duncker & Humblot GmbH Wunder im Verwaltungsrecht
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£18.90
Duncker & Humblot GmbH Selber Schuld
£71.92
Duncker & Humblot GmbH Rechtsbegriffe Im Positiven Recht
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£87.92
Duncker & Humblot GmbH Tatrichterliche Beurteilungsspielräume im
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£63.92
Duncker & Humblot GmbH Das Recht des Todes
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£76.42
Duncker & Humblot GmbH Akt Zufall und Recht
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£51.00
Duncker & Humblot GmbH Akt Zufall und Recht
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£55.25
Duncker & Humblot GmbH Einzelfall und Norm
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£79.92
Duncker & Humblot GmbH Anwaltsrhetorik in den SimpsonProzessen
£63.92
Duncker & Humblot GmbH Recht und Billigkeit
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£42.42
Duncker & Humblot GmbH Die Tripertita Des Sextus Aelius
£50.92
Springer Klimaschutz und Nachhaltigkeit als Zielsetzungen
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£999.99
J.B. Metzler Rhetorische Strategien in Fatwas
Book SynopsisEinleitung.- Methodische Grundlagen.- Kontextuelle Einordnung.- Analyse.- Fazit.
£71.99
Springer Einführung in die moderne Strafrechtsgeschichte
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£39.99
Brill U Schoningh Juristendeutsch?: Ein Buch Voll Praktischer
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£20.90
UTB fur Wissenschaft Uni-Taschenbucher GmbH Richterliche Urteilsfindung: Methoden und
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£20.42
UTB GmbH USamerikanische Rechtskultur
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£18.90
Springer Approaches to Legal Rationality
Book SynopsisLegal theory, political sciences, sociology, philosophy, logic, artificial intelligence: there are many approaches to legal argumentation. Each of them provides specific insights into highly complex phenomena. Different disciplines, but also different traditions in disciplines (e.g. analytical and continental traditions in philosophy) find here a rare occasion to meet. The present book contains contributions, both historical and thematic, from leading researchers in several of the most important approaches to legal rationality. One of the main issues is the relation between logic and law: the way logic is actually used in law, but also the way logic can make law explicit. An outstanding group of philosophers, logicians and jurists try to meet this issue. The book is more than a collection of papers. However different their respective conceptual tools may be, the authors share a common conception: legal argumentation is a specific argumentation context.Table of ContentsIntroduction.- Abstracts.- Part I The Specificity of Legal Reasoning.- Part II Legal Reasoning and Public Reason.- Part III Logic and Law.- Part IV New Formal Approaches to Legal Reasoning .- Part V Logic in the Law.
£999.99
Springer Verlag, Singapore Analysis of Legal Argumentation Documents: A Computational Argumentation Approach
Book SynopsisThis book introduces methods to analyze legal documents such as negotiation records and legal precedents, using computational argumentation theory.First, a method to automatically evaluate argumentation skills from the records of argumentation exercises is proposed. In law school, argumentation exercises are often conducted and many records of them are produced. From each utterance in the record, a pattern of “speech act +factor” is extracted, and argumentation skills are evaluated from the sequences of the patterns, using a scoring prediction model constructed by multiple regression analyses between the appearance pattern and the scoring results. The usefulness of this method is shown by applying it to the example case “the garbage house problem”. Second, a method of extracting factors (elements that characterize precedents and cases) and legal topoi from individual precedents and using them as the expression of precedents to analyze how the pattern of factors and legal topoi appearing in a group of precedents affects the judgment (plaintiff wins/defendant wins) is proposed. This method has been applied to a group of tax cases. Third, the logical structure of 70 labor cases is described in detail by using factors and a bipolar argumentation framework (BAF) and an (extended argumentation framework (EAF) together. BAF describes the logical structure between plaintiff and defendant, and EAF describes the decision of the judge. Incorporating the legal topoi into the EAF of computational argumentation theory, the strength of the analysis of precedents by combined use of factored BAF and EAF, not only which argument the judge adopted could be specified. It was also possible to determine what kind of value judgment was made and to verify the logic. The analysis methods in this book demonstrate the application of logic-based AI methods to the legal domain, and they contribute to the education and training of law school students in logical ways of argumentation.Table of ContentsChapter 1. Introduction .- Chapter 2. Related Research.- Chapter 3.- Factor-Based Argumentation Evaluation.- Chapter 4. Case Analysis Using Factors and Legal Topoi.- Chapter 5. Case Analysis for Case Law Education using Factors and Computational Argumentation Theory.- Chapter 6. Conclusion.
£98.99
Springer Verlag, Singapore Digitalization and Competition Policy in Japan
Book SynopsisThis book organizes the intent and purpose of the Japanese competition law (Antimonopoly Act) to address the digitalized socio-economy and provides a detailed explanation of its basic content as well as advanced issues. It includes an overview of Japanese law and its international position, a basic understanding of the big data and AI issues in today's competition law, and perspectives on high-tech regulation. In addition, it includes a variety of important topics, ranging from exploring principles to tackle digital regulatory realities, to understanding and analyzing the competitive realities of multisided markets. It also examines the relationship between information and competition law and that between consumer and competition law.Digitalization is a key concept in our economy and society today. Carbon neutrality initiatives, the need to improve productivity, globalization, and new ways of working are all seeking breakthroughs by way of digitalization. What’s more, digitalization requires free and fair competition in order to encourage technological innovation. The search for transparent and clear competition laws is essential to promote efficient and effective research and development and to promote public awareness through competition.Table of ContentsPart 1. Introduction.- Chapter 1: Overview of Japanese Law.- Chapter 2 International Cooperation and Harmonization in Competition Law.- Part 2: Digital Initiatives in Japanese Competition Law.- Chapter 3: Big Data and AI.- Chapter 4: Big Data and AI-Chapter 5: Perspectives on High-Tech Regulation.- Part 3: The Realities of Various Digital Regulations.- Chapter 6: Data Regulation.- Chapter 7 Digital PF Regulation.- Chapter 8: Competition in Multisided Markets.- Chapter 9 Competition Law and Consumers in Digital Platforms.
£85.49
The University of Chicago Press The Mysterious Science of the Law
Book SynopsisReferred to as the "bible of American lawyers," Blackstone's "Commentaries" on the Laws of England shaped the principles of law in both England and America when its first volume appeared in 1765. This work examines why "Commentaries" became the knowledge that any lawyer needed to acquire.Table of ContentsForeword Preface Introduction I: The Law: Science and Mystery II: The Use of History III: The Tendency of History IV: The Use of Aesthetics V: The Limits of Reason VI: The Methods of Reason VII: Humanity VIII: Liberty IX: Property Conclusion: The Advantage of Being a Reasonable Creature Notes A Layman's Glossary Index
£28.00
The University of Chicago Press A Dialogue Between a Philosopher a Student of
Book SynopsisAn essay by the philosopher Thomas Hobbes, first published posthumously in 1681, in which Hobbes sets forth his mature reflections of the relations between reason and law, and proposes a separation in the functions of government. This edition seeks to provide an accessible and dependable text.Table of ContentsAcknowledgments Introduction Editor's Note Of the Law of Reason Of Soveraign Power Of Courts Of Crimes Capital Of Heresie Of Proemunire Of Punishments
£999.99
The University of Chicago Press IllGotten Gains Evasion Blackmail Fraud and
Book SynopsisThis work describes the underlying principles that not only guide the law, but also moral decisions. Mixing wit with insight, anecdotes with analysis, the book uncovers what is really at stake in such crimes as insider trading, blackmail and plagiarism.
£26.00
The University of Chicago Press Pivotal Politics A Theory of U.S. Lawmaking
Book SynopsisA study of American lawmaking showing that political parties are less important in legislative-executive politics than is commonly thought. The book argues that divided government has little effect on legislative productivity as gridlock occurs even in united legislative-executive governments.
£28.00
The University of Chicago Press Law and the Image
Book SynopsisA discussion of the diverse relationships between law and the artistic image. Topics addressed in the book include the history of the relationship between art and law, the ways in which the visual is made subject to the force of the law, and the relations between law, the image and identity.
£76.00
The University of Chicago Press Law and the Image The Authority of Art and the
Book SynopsisA discussion of the diverse relationships between law and the artistic image. Topics addressed in the book include the history of the relationship between art and law, the ways in which the visual is made subject to the force of the law, and the relations between law, the image and identity.
£30.40
Columbia University Press Han Fei Tzu
Book SynopsisHan Fei Tzu (280?-233 BC) was a prince of the ruling house of Han. A representative of the Fa-chia, or legalist, school of philosophy, he produced the final exposition of its theories. His handbook deals with the problem of preserving and strengthening the state.Table of ContentsForeward Preface Outline of Early Chinese History Introduction The Way of the Ruler On Having Standards The Two Handles Wielding Power The Eight Villanies The Ten Faults The Difficulties of Persuasion Mr. Ho Precautions Within the Palace Facing South The Five Vermin Eminence in Learning Index
£19.80
Columbia University Press Sappho Goes to Law School
Book SynopsisDrawing on concepts taken from US law and legal theory, postmodernism and queer theory, as well as the author's own experience in the courtroom and classroom, this book examines the complexities of lesbian identity and the often detrimental ways in which legal scholarship approaches lesbianism.
£25.20
Columbia University Press Women and the U.S. Constitution
Book SynopsisDivided into three parts-History, Interpretation, and Practice-this provocative volume incorporates law, history, political theory, and philosophy to analyze the U.S. Constitution as a whole in relation to the rights and fate of women.Table of ContentsPreface Part I: History Women and Constitutional Interpretation: The Forgotten Value of Civic Friendship, by Sibyl A. Schwarzenbach Part II: Interpretation: The Founding Period Part III. Practice Representation of Women in the Constitution, by Jan Lewis Declarations of Independence: Women and Divorce in the Early Republic, by Norma Basch Who Are We Kidding? It Was All About Property Stupid: Notes on Basch and Lewis, by Carol Berkin Reconstruction Davis Women, Bondage and the Reconstructed Constitution, by Peggy Cooper The Unkept Promise of the 13th Amendment: A Call forReparations, by Adjoa Aiyetoro Women and the Welfare State The Culture of Work Enforcement: Race, Gender and U.S. Welfare Policy, by Francis Fox Piven The Silent Constitution: Affirmative Obligation and the Feminization of Poverty, by Patricia Smith The US Constitution in Comparative Context Federalism(s), Feminism, Families, and the Constitution, by Judith Resnik What's Privacy Got to Do With It? A Comparative Approach to the Feminist Critique, by Martha Nussbaum Women's Human Rights and the U.S. Constitution: Initiating a Dialogue, by Carol Gould Privacy and Family Law Battered Women, Feminist Lawmaking, Privacy and Equality, by Elizabeth Schneider Infringements of Women's Constitutional Rights in Religious Lawmaking on Abortion, by Lucinda Peach What Place for Family Privacy?, by Martha Fineman The Right of Privacy and Gay/Lesbian Sexuality: Beyond Decriminalization to Equal Recognition, by David Richards Women and Work The Gender of Discrimination: Race, Sex, and Fair Employment, by Eileen Boris Second Generation Employment Discrimination: A Structural Approach, by Susan Sturm Our Economy of Mothers and Others: Women and Economics Revisited, by Joan Williams Citizenship and the Equal Rights Amendment Women and Citizenship: the Virginia Military Institute Case, by Philippa Strum Heightened Scrutiny: An Alternative Route to Constitutional Equality for U.S. Women, by Cynthia Harrison Whatever Happened to the ERA?, by Jane Mansbridge
£90.25
Columbia University Press Women and the U.S. Constitution
Book SynopsisDivided into three parts-History, Interpretation, and Practice-this provocative volume incorporates law, history, political theory, and philosophy to analyze the U.S. Constitution as a whole in relation to the rights and fate of women.Table of ContentsPreface Part I: History Women and Constitutional Interpretation: The Forgotten Value of Civic Friendship, by Sibyl A. Schwarzenbach Part II: Interpretation: The Founding Period Part III. Practice Representation of Women in the Constitution, by Jan Lewis Declarations of Independence: Women and Divorce in the Early Republic, by Norma Basch Who Are We Kidding? It Was All About Property Stupid: Notes on Basch and Lewis, by Carol Berkin Reconstruction Davis Women, Bondage and the Reconstructed Constitution, by Peggy Cooper The Unkept Promise of the 13th Amendment: A Call forReparations, by Adjoa Aiyetoro Women and the Welfare State The Culture of Work Enforcement: Race, Gender and U.S. Welfare Policy, by Francis Fox Piven The Silent Constitution: Affirmative Obligation and the Feminization of Poverty, by Patricia Smith The US Constitution in Comparative Context Federalism(s), Feminism, Families, and the Constitution, by Judith Resnik What's Privacy Got to Do With It? A Comparative Approach to the Feminist Critique, by Martha Nussbaum Women's Human Rights and the U.S. Constitution: Initiating a Dialogue, by Carol Gould Privacy and Family Law Battered Women, Feminist Lawmaking, Privacy and Equality, by Elizabeth Schneider Infringements of Women's Constitutional Rights in Religious Lawmaking on Abortion, by Lucinda Peach What Place for Family Privacy?, by Martha Fineman The Right of Privacy and Gay/Lesbian Sexuality: Beyond Decriminalization to Equal Recognition, by David Richards Women and Work The Gender of Discrimination: Race, Sex, and Fair Employment, by Eileen Boris Second Generation Employment Discrimination: A Structural Approach, by Susan Sturm Our Economy of Mothers and Others: Women and Economics Revisited, by Joan Williams Citizenship and the Equal Rights Amendment Women and Citizenship: the Virginia Military Institute Case, by Philippa Strum Heightened Scrutiny: An Alternative Route to Constitutional Equality for U.S. Women, by Cynthia Harrison Whatever Happened to the ERA?, by Jane Mansbridge
£28.50
University of Notre Dame Press The Natural Rights Republic Studies in the
Book SynopsisRenowned political theorist Michael Zuckert examines the natural rights philosophy as expressed in sources like the Declaration of Independence, and aims to counter contemporary confusion by offering an insightful study of the concept that dominated the mindset of the founding generation of the United States.Trade Review"...highly intelligent and thoughtful.... There is much to praise in this book." —International Studies in Philosophy“In this important and engaging book . . . politicial theorist Michael P. Zuckert explores the central significance of the natural rights philosophy to the era of the American Revolution.” —American Historical Review“If a ‘real’ American is one who reasons exclusively from natural rights, then all ‘real’ Americans must presumably disavow utilitarianism and perhaps Kantianism as well—a provocative thesis to say the least. A broad implication of this book is that American political theory (from Jefferson up to Rawls and Nozick) is most essentially a history of attempts to articulate what it means to be an American. Zuckert nicely explains why natural rights figure so prominently in this history.” —Ethics"Zuckert's book is a powerful exposition of the most central political principles of the American founding. Its elegant articulation of its own thesis, together with its insightful analysis and critique of a wide variety of alternative views, makes it an extremely important contribution to debates on our national origins, which all serious students of the founding and of liberalism will have to confront." —First Things"Erudite, cogently argued, and beautifully written." —Choice“Zuckert’s arguments are clear, accessible, and make effective use of some fascinating historical documents. . . It offers an interesting and valuable historical context for the analysis of natural rights and their role in political society.” —Comptes rendus philosophiques (Philosophy in Review)“This study commands attention and stimulates disagreement.” —Journal of American Studies“The Natural Rights Republic contains many provocative ideas...Anyone who reads Zuckert’s book will learn much of value about the natural rights tradition in America.” —International Journal of the Classical Tradition“This book will likely come to be regarded as a magisterial treatment of the spiritual and theoretical underpinnings of the American founding. It should be read especially by those American Christians inclined to see their country’s founding principles as more Christian than they actually were.” —Calvin Theological Journal
£74.70
University of Notre Dame Press The Natural Rights Republic
Book SynopsisIn The Natural Rights Republic, renowned political theorist Michael P. Zuckert examines the natural rights philosophy as expressed in sources like the Declaration of Independence and aims to counter contemporary confusion by offering an insightful study of the concept that dominated the mindset of the founding generation of the United States.Trade Review"...highly intelligent and thoughtful.... There is much to praise in this book." —International Studies in Philosophy“In this important and engaging book . . . politicial theorist Michael P. Zuckert explores the central significance of the natural rights philosophy to the era of the American Revolution.” —American Historical Review“If a ‘real’ American is one who reasons exclusively from natural rights, then all ‘real’ Americans must presumably disavow utilitarianism and perhaps Kantianism as well—a provocative thesis to say the least. A broad implication of this book is that American political theory (from Jefferson up to Rawls and Nozick) is most essentially a history of attempts to articulate what it means to be an American. Zuckert nicely explains why natural rights figure so prominently in this history.” —Ethics"Zuckert's book is a powerful exposition of the most central political principles of the American founding. Its elegant articulation of its own thesis, together with its insightful analysis and critique of a wide variety of alternative views, makes it an extremely important contribution to debates on our national origins, which all serious students of the founding and of liberalism will have to confront." —First Things"Erudite, cogently argued, and beautifully written." —Choice“Zuckert’s arguments are clear, accessible, and make effective use of some fascinating historical documents. . . It offers an interesting and valuable historical context for the analysis of natural rights and their role in political society.” —Comptes rendus philosophiques (Philosophy in Review)“This study commands attention and stimulates disagreement.” —Journal of American Studies“The Natural Rights Republic contains many provocative ideas...Anyone who reads Zuckert’s book will learn much of value about the natural rights tradition in America.” —International Journal of the Classical Tradition“This book will likely come to be regarded as a magisterial treatment of the spiritual and theoretical underpinnings of the American founding. It should be read especially by those American Christians inclined to see their country’s founding principles as more Christian than they actually were.” —Calvin Theological Journal
£25.19
University of Notre Dame Press The Architecture of Law
Book SynopsisThis book argues that classical natural law jurisprudence provides a superior answer to the questions What is law? and How should law be made? rather than those provided by legal positivism and new natural law theories.What is law? How should law be made? Using St. Thomas Aquinas's analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the new natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Aristotle, Gratian, Augustine, and Aquinas; the significTrade Review“The book is nothing short of a masterpiece. It is truly a tour de force that articulates and defends the classical understanding of natural law against detractors (and reformers) of both yesteryear and today. With this book, Brian McCall has established himself as, arguably, the leading natural law luminary in American legal academia.” —Ronald J. Colombo, Maurice A. Deane School of Law at Hofstra University“The Architecture of Law makes a masterful contribution to constructive jurisprudence in the best tradition of the ongoing encounter between reason and Christian faith. Erudite yet unpretentious, insightful yet careful, McCall’s account of human lawmaking starts at the beginning, where one should indeed start, and then gradually shows the reader exactly why law is correctly defined, pace most modern accounts, as a ‘dialectic among reason, command, and custom.’ This book offers a challenging, fascinating, but consistent journey for the reader. It is an outstanding piece of work.” —Patrick McKinley Brennan, Villanova University"Drawing on the best resources of Roman law, classical canon law, Catholic theology, perennial philosophy, and positivist, historicist, and natural law jurisprudence, Brian McCall constructs a dynamic account of law that refuses to leave anything important out. Erudite yet unpretentious, this book is the modern jurisprudential equivalent of the greatest medieval cathedrals. Offering shelter to all, it appeals to our capacity to construct law that is worthy of our better angels, while never mistaking men-as-they-happen-to-be for angels." —Patrick Brennan, John F. Scarpa Chair in Catholic Legal Studies, Villanova University“While committed opponents of traditional natural law nay not be convinced, McCall’s presentation is nonetheless extremely lucid, clear and thought-provoking for those who have become uncomfortable with the supposedly self-evident principles of modern jurisprudence—principles which deny any real connection between law and morality and nature.” —Catholic Herald“[The Architecture of Law] is worth reading. Those not immersed in the classical tradition will benefit from this introduction to some of its lesser-known themes. . . . Those who know the tradition well will find in McCall’s expression of it fresh and challenging glosses and close attention to its most vexing questions.” —Law and Liberty“Professor McCall issues a clarion call to return to classical sources, most notable Thomas Aquinas, in order to evaluate and appreciate the essential role of natural law within the whole structure of the law.” —Ecclesiastical Law Journal“. . . a bold, thoughtful, and cogent defense of classical natural law theory and its relevance for the contemporary theory and practice of law. This book deserves wide attention from legal scholars as well as theologians and historians of law.” —Journal of Law and Religion
£52.20
University of Notre Dame Press Fictions Lies and the Authority of Law
Book SynopsisFictions, Lies, and the Authority of Law discusses legal, political, and cultural difficulties that arise from the crisis of authority in the modern world.Is there any connection linking some of the maladies of modern lifecancel culture, the climate of mendacity in public and academic life, fierce conflicts over the Constitution, disputes over presidential authority? Fictions, Lies, and the Authority of Law argues that these diverse problems are all a consequence of what Hannah Arendt described as the disappearance of authority in the modern world. In this perceptive study, Steven D. Smith offers a diagnosis explaining how authority today is based in pervasive fictions and how this situation can amount to, as Arendt put it, the loss of the groundwork of the world.Fictions, Lies, and the Authority of Law considers a variety of problems posed by the paradoxical ubiquity and absence of authority in the modern world. Some of these problems are jTrade Review“It is hard to break new ground in thinking about the nature and practice of authority, but Smith’s book, with its introduction of the idea of a fiction into the existing understanding, does just that. And the book’s careful and creative use of multiple philosophical and social science disciplines is an added and unusual benefit.” —Frederick Schauer, author of The Force of Law"In this provocative and illuminating work, one of our most insightful legal thinkers explores the nature of real authority. Steven Smith reveals that a loss of authority would be far from liberating. Instead he offers a hopeful account of how genuine authority exists and provides us with a firm place on which to stand." —Richard Garnett, co-editor of First Amendment Stories"As he has so often in his previous work, Steven Smith leads us to see familiar concepts in a new light and brings to bear a wide range of disciplines to conversations about law and legal theory. In this work, our understanding of authority gets the Smith treatment, and the result is an imaginative and critical contribution to the literature on legal authority." —Michael P. Moreland, director of the Eleanor H. McCullen Center for Law, Religion and Public Policy, Villanova University"As Smith argues, a good legal fiction must be both plausible and beneficial, else we have little reason to play along with it. But what makes the fiction plausible?" —Public Discourse"[This book's] intelligence, clarity, and candor make it a fine example of what a work of legal theory ought to be. Although legal authority has been much studied, Smith sheds new light on it." —The Review of PoliticsTable of ContentsPrologue: The Puzzling (Alleged) Disappearance of Authority 1. The Fictional Foundations of (Modern) Political Authority 2. Fictional Authority and the Problem of Constitutional Interpretation 3. Our Quasi-Fictional Government 4. From Political Fictions to “Living with Lies” 5. Authority and Faux Authority 6. Is Genuine Authority Possible? Epilogue: Authority Outside the Cave?
£30.40
University of Washington Press The Limits of the Rule of Law in China
Book SynopsisTrade Review"A skillful, multidisciplinary collection by China specialists, this volume treats fazhi (the rule of law) as it relates conceptually and practically to historical and contemporary China." * Choice *Table of ContentsForeword Acknowledgments Introduction: The Problem of Paradigms 1. Conceptions and Receptions of Legality: Understanding the Complexity of Law Reform in Modern China 2. Law, Law, What Law? Why Western Scholars of China Have Not Had More to Say about Its Law 3. Using the Past to Make a Case for the Rule of Law 4. Rule of Man and the Rule of Law in China: Punishing Provincial Governors during the Qing 5. Collective Responsibility in Qing Criminal Law 6. True Confessions? Chinese Confessions Then and Now 7. Law and Discretion in Contemporary Chinese Courts 8. Equality and Justice in Official and Popular Views about Civil Obligations: China and Taiwan 9. Language and Law: Sources of Systemic Vagueness and Ambiguous Authority in Chinese Statutory Language 10. The Future of Federalism in China 11. The Rule of Law Imposed from Outside: China's Foreign-Oriented Legal Regime since 1978 Epilogue: The Deep Roots of Resistance to Law Codes and Lawyers in China Contributors Index
£38.30
MP-WIS Uni of Wisconsin Folk Law Essays in the Theory and Practice of
Book SynopsisIn every culture there exists unwritten law - obligations and prohibitions that are understood, and transgressions that are punished. These volumes explore the historical implications of folk law, its influence around the globe, and the conflicts that arise when it diverges from official law.
£999.99
WW Norton & Co When Should Law Forgive
Book SynopsisWhat can forgiveness achieve in this age of resentment?
£20.89
University of California Press The Rule of Law Under Siege
Book SynopsisThis collection of essays demonstrates that the death of democracy and the rise of fascism during the first half of the 20th century suggest crucial lessons for contemporary political and legal scholars. It includes writings on constitutionalism, political freedom, and both Nazi and liberal law.
£45.05
University of California Press Habermas on Law and Democracy Critical Exchanges
Book SynopsisDrawing upon his discourse theory, Jurgen Habermas has elaborated an account of law that purports to bridge the gap between democracy and rights, by conceiving law to be at once self-imposed and binding. His proceduralist paradigm of law and further explorations by others are included.
£49.30
John Wiley and Sons Ltd Philosophy of Law and Legal Theory
Book SynopsisThis carefully selected set of readings presents some of the most important articles in the field. The collection is essential reading for anyone with an interest in legal philosophy. Gathers together some of the most important articles in the field of philosophy of law and legal theory. Complements Dennis Patterson''s A Companion to Philosophy of Law and Legal Theory (Blackwell, 1999). Represents essential reading for the beginning law student. Trade Review‘Patterson collects fifteen of the classic articles in legal theory and presents them whole. The book provides an excellent introduction to several of the major topics making it useful both as a student text and as a sourcebook for academics and non-academics alike.’ Larry Alexander, University of San Diego School of Law ‘A wonderful selection from the classics in legal theory. It should prove an excellent and invaluable text for classroom use.’ Brian Bix, University of Minnesota, author of Jurisprudence: Theory and Context ‘Dennis Patterson has produced a fine anthology, one that will be particularly useful for those interested in learning about recent debates in analytic jurisprudence.’ Jeremy Waldron, Columbia Law SchoolTable of ContentsAcknowledgments vii Introduction 1 Part I Nature of Law 7 1 The Path of the Law 9 O. W. Holmes 2 A Realistic Jurisprudence – The Next Step 22 Karl Llewellyn 3 The Model of Rules 46 Ronald Dworkin Part II Relation of Law and Morality 67 4 Positivism and the Separation of Law and Morals 69 H. L. A. Hart 5 Positivism and Fidelity to Law: A Reply to Professor Hart 91 Lon L. Fuller 6 Negative and Positive Positivism 116 Jules L. Coleman 7 On the Incoherence of Legal Positivism 134 John Finnis Part III Theories of Adjudication 145 8 Hard Cases 147 Ronald Dworkin 9 What has Pragmatism to Offer Law? 180 Richard A. Posner Part IV Legal Indeterminacy 191 10 Form and Substance in Private Law Adjudication 193 Duncan Kennedy 11 Legal Indeterminacy 253 Ken Kress Part V Rights and other Legal Concepts 293 12 Some Fundamental Legal Conceptions as Applied in Judicial Reasoning 295 Wesley N. Hohfeld Part VI The Autonomy of Law and Legal Reasoning 323 13 Legal Formalism: On the Immanent Rationality of Law 325 Ernest J. Weinrib 14 Law as Interpretation 374 Ronald Dworkin 15 The Problem of Social Cost 389 Ronald H. Coase Index 420
£38.90
Harvard University Press The Juridical Unconscious Trials Traumas in the
Book SynopsisThis book offers an account of the surprising interaction between trauma and justice. Moving from texts by Arendt, Benjamin, Freud, Zola, and Tolstoy to the Dreyfus and Nuremberg trials, and the trials of O. J. Simpson and Adolf Eichmann, Felman argues that the adjudication of collective traumas in the 20th century transformed both culture and law.Trade ReviewI have always been an unconditional admirer of Shoshana Felman's critical writing. I don't recall ever having read a flat or flabby paragraph from her pen; rather, she hones her writing so perfectly that it enables her to make the most sensitive arguments in the strongest and clearest way. Her interest has always been in the coming to expression, under various names (madness, woman, trauma…) of what she here ends up calling, after Walter Benjamin, the "expressionless." In that respect her new book, as firmly and subtly written and as absorbing as her previous ones, forms something of a "capstone" to her work. She turns here to trials, and specifically to trials that are perceived as historic; such trials, she argues, are in a complex relation to collective traumas that they partially serve to contain and even silence, but which can also emerge from invisibility in them, sometimes transforming the law itself in the process. -- Ross Chambers, Distinguished Professor of French and Comparative Literature at the University of MichiganIn this extraordinarily engaging and provocative study, paradoxically, the failure of the trial may indicate its "speaking power." -- Harriet Murav * Comparative Literature Studies *Table of ContentsAcknowledgments Introduction 1. The Storyteller's Silence: Walter Benjamin's Dilemma of Justice 2. Forms of Judicial Blindness, or the Evidence of What Cannot Be Seen: Traumatic Narratives and Legal Repetitions in the O. J. Simpson Case and in Tolstoy's The Kreutzer Sonata 3. Theaters of Justice: Arendt in Jerusalem, the Eichmann Trial, and the Redefinition of Legal Meaning in the Wake of the Holocaust 4. A Ghost in the House of Justice: Death and the Language of the Law Abbreviations Notes Index
£30.56
