|
Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
Speaking to today's flourishing conversations on both law,
morality, and religion, and the religious foundations of law,
politics, and society, Common Law and Natural Law in America is an
ambitious four-hundred-year narrative and fresh re-assessment of
the varied American interactions of 'common law', the stuff of
courtrooms, and 'natural law', a law built on human reason, nature,
and the mind or will of God. It offers a counter-narrative to the
dominant story of common law and natural law by drawing widely from
theological and philosophical accounts of natural law, as well as
primary and secondary work in legal and intellectual history. With
consequences for today's natural-law proponents and critics alike,
it explores the thought of the Puritans, Revolutionary Americans,
and seminal legal figures including William Blackstone, Joseph
Story, Christopher Columbus Langdell, Oliver Wendell Holmes, and
the legal realists.
Providing an accessible introduction to the application of
multi-criteria analysis in law, this book illustrates how simple
additive weighing, a well known method in decision theory, can be
used in problem structuring, analysis and decision support for
overall assessments and balancing of interests in the context of
law. Through clear illustrations and a variety of concrete
examples, this book shows how simple additive weighing can be
applied in any situation in which there are one or more objectives,
multiple options and multiple decision criteria. Further
demonstrating the use of fuzzy logic in conjunction with this
method, Bengt Lindell adeptly shows the reader how
extra-disciplinary methods have much to contribute in a legal
decision-making context. The methods covered in this book help to
balance the issues of intuition versus structural analysis, risk
and uncertainty, and the merging of probability and utility in the
context of law. Practical and engaging, this book will prove an
indispensible guide for academics and scholars across many legal
disciplines. Public and private decision makers will also benefit
from its clear and concise approach, affording them new insights
into the application of multi-criteria analysis in law.
JOIN OVER HALF A MILLION STUDENTS WHO CHOSE TO REVISE WITH LAW
EXPRESS Revise with the help of the UK's bestselling law revision
series. Features: * Review essential cases, statutes, and legal
terms before exams. * Assess and approach the subject by using
expert advice. * Gain higher marks with tips for advanced thinking
and further discussions. * Avoid common pitfalls with Don't be
tempted to. * Practice answering sample questions and discover
additional resources on the Companion website.
www.pearsoned.co.uk/lawexpress
Within the criminal justice system, one of the most prominent
justifications for legal punishment is retributivism. The
retributive justification of legal punishment maintains that
wrongdoers are morally responsible for their actions and deserve to
be punished in proportion to their wrongdoing. This book argues
against retributivism and develops a viable alternative that is
both ethically defensible and practical. Introducing six distinct
reasons for rejecting retributivism, Gregg D. Caruso contends that
it is unclear that agents possess the kind of free will and moral
responsibility needed to justify this view of punishment. While a
number of alternatives to retributivism exist - including
consequentialist deterrence, educational, and communicative
theories - they have ethical problems of their own. Moving beyond
existing theories, Caruso presents a new non-retributive approach
called the public health-quarantine model. In stark contrast to
retributivism, the public health-quarantine model provides a more
human, holistic, and effective approach to dealing with criminal
behavior.
Over the past two decades Global Legal Pluralism has become one of
the leading analytical frameworks for understanding and
conceptualizing law in the 21st century. Wherever one looks, there
is conflict among multiple legal regimes. Some of these regimes are
state-based, some are built and maintained by non-state actors,
some fall within the purview of local authorities and
jurisdictional entities, and some involve international courts,
tribunals, and arbitral bodies, and regulatory organizations.
Global Legal Pluralism has provided, first and foremost, a set of
useful analytical tools for describing this conflict among legal
and quasi-legal systems. At the same time, some pluralists have
also ventured in a more normative direction, suggesting that legal
systems might sometimes purposely create legal procedures,
institutions, and practices that encourage interaction among
multiple communities. These scholars argue that pluralist
approaches can help foster more shared participation in the
practices of law, more dialogue across difference, and more respect
for diversity without requiring assimilation and uniformity.
Despite the veritable explosion of scholarly work on legal
pluralism, conflicts of law, soft law, global constitutionalism,
the relationships among relative authorities, transnational
migration, and the fragmentation and reinforcement of territorial
boundaries, no single work has sought to bring together these
various scholarly strands, place them into dialogue with each
other, or connect them with the foundational legal pluralism
research produced by historians, anthropologists, and political
theorists. Paul Schiff Berman, one of the world's leading theorists
of Global Legal Pluralism, has gathered over 40 diverse authors
from multiple countries and multiple scholarly disciplines to touch
on nearly every area of legal pluralism research, offering
defenses, critiques, and applications of legal pluralism to
21st-century legal analysis. Berman also provides introductions to
every part of the book, helping to frame the various approaches and
perspectives. The result is the first comprehensive review of
Global Legal Pluralism scholarship ever produced. This book will be
a must-have for scholars and students seeking to understand the
insights of legal pluralism to contemporary debates about law. At
the same time, this volume will help energize and engage the field
of Global Legal Pluralism and push this scholarly trajectory
forward into another two decades of innovation.
The Spirit of Laws is one of the most influential books of all
time. This masterpiece of political philosophy was widely read
throughout Europe, attracted an especially enthusiastic readership
in England, and had a profound effect on the framers of the
American Constitution. Montesquieu (1689-1755), already famous and
controversial through his Persian Letters, a work of his youth in
which he humorously satirized the foibles of French society, turned
in his later years to this serious treatise on the nature of law.
But though the subject itself was profound, this gravitas did not
inhibit the famous Montesquieu wit. Master of the pithy bon mot, he
managed to survey a great deal of political and philosophical
territory while keeping his readers charmed with memorable and
artfully turned phrases. "Liberty," he says, "consists in the
ability to do what one ought to desire and in not being forced to
do what one ought not to desire." Concerning the unpopularity of
the English in France, he says it is due to their arrogance, which
is such that even in peace "they seem to negotiate with none but
enemies."
The scope of this masterful work is truly prodigious. Montesquieu
explores the essentials of good government; compares and contrasts
despotism, monarchy, and democracy; and discusses the factors that
lead to corruption of governments. Among the many other topics
considered are education of the citizenry, crime and punishment,
abuse of power and of liberty, individual rights, taxation,
slavery, the role of women, the influence of climate on the temper
of a people and their form of government, commerce, religion, and a
host of additional subjects.
The Spirit of Laws is essential and genuinely enjoyable reading
for anyone interested in the development of democracy.
This Short Introduction looks at judging and reasoning from three
perspectives: what legal reasoning has been; what legal reasoning
is from the view of judges and jurists; and what legal reasoning is
from the view of a social scientist epistemologist or humanities
specialist. Geoffrey Samuel begins by identifying the main
institutional focal points of legal reasoning (ius, regulae iuris,
Interpretatio, utilitas and actiones). While examining legal
reasoning from both an internal and external viewpoint, the book
simultaneously incorporates theory and scholarship from a range of
other disciplines including social science and film studies. The
author also includes a discussion of fiction theory, schemes of
intelligibility, and other epistemological issues as well as
standard reasoning devices such as induction, deduction and
analogy. Combining cases and materials with original text, this
unique, concise format is designed to be accessible for students
who are starting out on their law programs, as well as providing
insights for students and researchers who would like to examine
judging and legal reasoning in more depth.
'A fascinating collection of essays that reveal the multiple facets
of lawmaking in an increasingly interconnected world. In addition
to the role played by States, numerous institutional and judicial
actors now contribute to lawmaking. In charting these developments,
this book provides a rich analytical appraisal of the manifold
normative processes in the contemporary international legal order.'
- Laurence Boisson de Chazournes, University of Geneva,
SwitzerlandThe global landscape has changed profoundly over the
past decades. As a result, the making of international law and the
way we think about it has become more and more diversified. This
Research Handbook offers a comprehensive guide to the theory and
practice of international lawmaking today. It takes stock at both
the conceptual and the empirical levels of the instruments,
processes, and actors involved in the making of international law.
The Editors have taken an approach which carefully combines theory
and practice in order to provide both an overview and a critical
reflection of international lawmaking. Comprehensive and
well-structured, the book contains essays by leading scholars on
key aspects of international lawmaking and on lawmaking in the main
issue areas. Attention is paid to classic processes as well as new
developments and shades of normativity. This timely and
authoritative handbook will be a valuable resource for academics,
students, legal practitioners, diplomats, government and
international organization officials as well as civil society
representatives. Contributors: M.S. Barr, B.I. Bonafe, C.
Broelmann, D. Costelloe, J. d'Aspremont, M. Fitzmaurice, M.E.
Footer, G.I. Hernandez, J. Kammerhofer, O. McIntyre, P. Palchetti,
D. Patterson, Y. Radi, F. Romanin Jacur, K. Schmalenbach, O.M.
Sender, M. Tignino, A. Tzanakopoulos, V.P. Tzevelekos, S. Vasiliev,
I. Venzke, W.G. Werner, R.A. Wessel, M. Wood, B.K. Woodward
Despite the tremendous progress in the development of scientific
knowledge, the understanding of the causes of poverty and
inequality, and the role of politics and governance in addressing
modern challenges, issues such as social inclusion, poverty,
marginalization and despair continue to be a reality across the
world - and most often impact Indigenous Peoples. At the Margins of
Globalization explores how Indigenous Peoples are affected by
globalization, and the culture of individual choice without
responsibility that it promotes, while addressing what can be done
about it. Though international trade and investment agreements are
unlikely to go away, the inclusion of Indigenous rights provisions
has made a positive difference. This book explains how these
provisions operate and how to build from their limited success.
The notion of the posthuman continues to both intrigue and confuse,
not least because of the huge number of ideas, theories and figures
associated with this term. More Posthuman Glossary provides a way
in to the dizzying array of posthuman concepts, providing vivid
accounts of emerging terms. It is much more than a series of
definitions, however, in that it seeks to imagine and predict what
new terms might come into being as this exciting field continues to
expand. A follow-up volume to the brilliant interventions of
Posthuman Glossary (2018), this book extends and elaborates on that
work, particularly focusing on concepts of race, indigeneity and
new ideas in radical ecology. It also includes new and emerging
voices within the new humanities and multiple modes of
communicating ideas. This is an indispensible glossary for those
who are exploring what the non-human, inhuman and posthuman might
mean in the 21st century.
The Common Law is Oliver Wendell Holmes' most sustained work of
jurisprudence. In it the careful reader will discern traces of his
later thought as found in both his legal opinions and other
writings. At the outset of The Common Law Holmes posits that he is
concerned with establishing that the common law can meet the
changing needs of society while preserving continuity with the
past. A common law judge must be creative, both in determining the
society's current needs, and in discerning how best to address
these needs in a way that is continuous with past judicial
decisions. In this way, the law evolves by moving out of its past,
adapting to the needs of the present, and establishing a direction
for the future. To Holmes' way of thinking, this approach is
superior to imposing order in accordance with a philosophical
position or theory because the law would thereby lose the
flexibility it requires in responding to the needs and demands of
disputing parties as well as society as a whole. According to
Holmes, the social environment--the economic, moral, and political
milieu--alters over time. Therefore in order to remain responsive
to this social environment, the law must change as well. But the
law is also part of this environment and impacts it. There is,
then, a continual reciprocity between the law and the social
arrangements in which it is contextualized. And, as with the
evolution of species, there is no starting over. Rather, in most
cases, a judge takes existing legal concepts and principles, as
these have been memorialized in legal precedent, and adapts them,
often unconsciously, to fit the requirements of a particular case
and present social conditions.
This collection of original essays brings together leading legal
historians and theorists to explore the oft-neglected but important
relationship between these two disciplines. Legal historians have
often been sceptical of theory. The methodology which informs their
own work is often said to be an empirical one, of gathering
information from the archives and presenting it in a narrative
form. The narrative produced by history is often said to be
provisional, insofar as further research in the archives might
falsify present understandings and demand revisions. On the other
side, legal theorists are often dismissive of historical works.
History itself seems to many theorists not to offer any
jurisprudential insights of use for their projects: at best,
history is a repository of data and examples, which may be drawn on
by the theorist for her own purposes. The aim of this collection is
to invite participants from both sides to ask what lessons legal
history can bring to legal theory, and what legal theory can bring
to history. What is the theorist to do with the empirical data
generated by archival research? What theories should drive the
historical enterprise, and what wider lessons can be learned from
it? This collection brings together a number of major theorists and
legal historians to debate these ideas.
Behind the scenes of the many artists and innovators flourishing
beyond the bounds of intellectual property laws Intellectual
property law, or IP law, is based on certain assumptions about
creative behavior. The case for regulation assumes that creators
have a fundamental legal right to prevent copying, and without this
right they will under-invest in new work. But this premise fails to
fully capture the reality of creative production. It ignores the
range of powerful non-economic motivations that compel creativity,
and it overlooks the capacity of creative industries for
self-governance and innovative social and market responses to
appropriation. This book reveals the on-the-ground practices of a
range of creators and innovators. In doing so, it challenges
intellectual property orthodoxy by showing that incentives for
creative production often exist in the absence of, or in disregard
for, formal legal protections. Instead, these communities rely on
evolving social norms and market responses-sensitive to their
particular cultural, competitive, and technological
circumstances-to ensure creative incentives. From tattoo artists to
medical researchers, Nigerian filmmakers to roller derby players,
the communities illustrated in this book demonstrate that
creativity can thrive without legal incentives, and perhaps more
strikingly, that some creative communities prefer, and thrive, in
environments defined by self-regulation rather than legal rules.
Beyond their value as descriptions of specific industries and
communities, the accounts collected here help to ground debates
over IP policy in the empirical realities of the creative process.
Their parallels and divergences also highlight the value of rules
that are sensitive to the unique mix of conditions and motivations
of particular industries and communities, rather than the
monoculture of uniform regulation of the current IP system.
Legal fictions are falsehoods that the law knowingly relies on. It
is the most bizarre feature of our legal system; we know something
is false, and we still assume it. But why do we rely on blatant
falsehood? What are the implications of doing so? Should we
continue to use fictions, and, if not, what is the alternative?
Legal Fictions in Private Law answers these questions in an
accessible and engaging manner, looking at the history of fictions,
the theory of fictions, and current fictions from a practical
perspective. It proposes a solution to what to do about fictions
going forward, and how to decide whether they should be accepted or
rejected. It addresses the latest literature and deals with the law
in detail. This book is a comprehensive analysis of legal fictions
in private law and a blueprint for reform.
This book sets out a possible trajectory for the co-development of
legal responsibility on the one hand and artificial intelligence
and the machines and systems driven by it on the other. As
autonomous technologies become more sophisticated it will be harder
to attribute harms caused by them to the humans who design or work
with them. This will put pressure on legal responsibility and
autonomous technologies to co-evolve. Mark Chinen illustrates how
these factors strengthen incentives to develop even more advanced
systems, which in turn inspire nascent calls to grant legal and
moral status to autonomous machines. This book is a valuable
resource for scholars and practitioners of legal doctrine, ethics
and autonomous technologies, as well as legislators and policy
makers, and engineers and designers who are interested in the
broader implications of their work.
Judging Positivism is a critical exploration of the method and
substance of legal positivism. Author Margaret Martin is primarily
concerned with the manner in which theorists who adopt the dominant
positivist paradigm ask a limited set of questions and offer an
equally limited set of answers, artificially circumscribing the
field of legal philosophy in the process. The book focuses
primarily, but not exclusively, on the writings of prominent legal
positivist Joseph Raz. Martin argues that Raz's theory has changed
over time and that these changes have led to deep inconsistencies
and incoherencies in his account. One reoccurring theme in the book
is that Razian positivism collapses from within. In the process of
defending his own position, Raz is led to support the views of many
of his main rivals, namely Ronald Dworkin, the legal realists, and
the normative positivists. The internal collapse of Razian
positivism proves to be instructive. Promising paths of inquiry
come into view and questions that have been suppressed or
marginalized by positivists re-emerge, ready for curious minds to
reflect on anew. The broader vision of jurisprudential inquiry
defended in this book re-connects philosophy with the work of
practitioners and the worries of law's subjects, bringing into
focus the relevance of legal philosophy for lawyers and laymen
alike.
|
You may like...
Becoming
Michelle Obama
CD
(1)
R579
R479
Discovery Miles 4 790
|