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The essays Professor Summers has brought together in this book
consist of various authentic and representative formulations and
applications of the dominant general theory of law and its use in
the United States during the middle decades of the 20th century.
The book includes a number of major contributions that are critical
of that theory. The contributors are: The path of the law, Oliver
Wendell Homes Jr. Force and coercion; Logical method and law, John
Dewey. The need of a sociological jurisprudence; Mechanical
jurisprudence; The possibility of a measure of values, Roscoe
Pound. What is the law, Joseph W. Binham. A return to stare
decisis, Herman Oliphant. A realistic jurisprudence-the next step;
The normative, the legal, and the law-jobs: the problem of juristic
method, K.N. Lewellyn. The problems of a functional jurisprudence,
Felix S. Cohen. The causes of popular dissatisfaction with the
administration of justice, Roscoe Pound. The judiciality of
minimum-wage legislation, Thomas Red Powell. An institutional
approach to the law of commercial banking, Underhill Moore and
Theodore S. Hope Jr. Through title to contract and a bit beyond,
K.N. Llewellyn. Williston on contracts; The logical and legal bases
of the conflict of laws, Walter Wheeler Cook. American legal
realism, L.L. Fuller. Legal rules: their function in the process of
decision, John Dickenson. Some rationalism about realism, Hermann
Kantorwicz. Pragmatic instumentalism in twentieth century American
legal thought-a synthesis and critique of our dominant general
theory about law and its use.
First published in 1998. Routledge is an imprint of Taylor &
Francis, an informa company.
This book contains a series of essays discussing the uses of
precedent as a source of law and a basis for legal arguments in
nine different legal systems, representing a variety of legal
traditions. Precedent is fundamental to law, yet theoretical and
ideological as well as legal considerations lead to its being
differently handled and rationalised in different places. Out of
the comparative study come the six theoretical and synoptic essays
that conclude the volume.
First published in 1998. Routledge is an imprint of Taylor &
Francis, an informa company.
This book contains a series of essays discussing the uses of
precedent as a source of law and a basis for legal arguments in
nine different legal systems, representing a variety of legal
traditions. Precedent is fundamental to law, yet theoretical and
ideological as well as legal considerations lead to its being
differently handled and rationalised in different places. Out of
the comparative study come the six theoretical and synoptic essays
that conclude the volume.
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The Definition of Law (Paperback)
Hermann Kantorowicz; Edited by A. H. Campbell; Introduction by A L Goodhart
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R923
Discovery Miles 9 230
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Ships in 12 - 17 working days
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Originally intended as an introduction to a larger, unfinished
work, and published as a monograph in 1958, this volume contains
the opinions of the great jurist Hermann Kantorowicz on various
fundamental questions of law and the bounds of legal science.
Kantorowicz considers the differences between law and morality and
attempts to answer the question, 'What is law?'. This book will be
of value to legal historians and anyone with an interest in legal
sciences.
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