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Material Law

Author: John Brigham
Publisher: Temple University Press
ISBN: 9781592139644
Size: 73.40 MB
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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
Size: 59.20 MB
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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.

Understanding Jurisprudence

Author: Denise Meyerson
Publisher: Routledge
ISBN: 1135328463
Size: 48.81 MB
Format: PDF
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Considering general philosophical and theoretical questions about the nature, purpose and operation of law as a whole, this book introduces students to contemporary debates in jurisprudence and encourages them to think in a theoretical and critical way about the nature of law, legal reasoning and adjudication. Discussing wider issues of morality, politics and society with reference to legal cases and examples, it provides as broad a perspective on the law as possible. Key features of this textbook include: introductions to each chapter analysis of how jurisprudential issues can arise in everyday life a wide range of cases to ground the theoretical discussion in-depth discussion of the relationship of law to force, morality and politics, as well as of rights, justice and feminist jurisprudence. The text provides a concise treatment of all the major topics typically covered in an undergraduate course on jurisprudence and succinctly explains the arguments for and against the different approaches to the issues that are raised.

Normative Jurisprudence

Author: Robin West
Publisher: Cambridge University Press
ISBN: 1139504126
Size: 31.57 MB
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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.

The Jurisprudence Of Police

Author: T. Svogun
Publisher: Springer
ISBN: 1137342633
Size: 53.68 MB
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This unique volume develops a new philosophy of law and a new theory of law enforcement. The concepts developed provide the basis for a general unified theory of law that reconciles what legislators and judges do, with what police do to resolve important questions in the field and make public policy recommendations.

Jurisprudence

Author: Anthony A. D'Amato
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024729197
Size: 18.26 MB
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Jurisprudence For a Free Society is a remarkable contribution to legal theory. In its comprehensiveness & systematic elaboration, it stands among the major theories. It is also the most important jurisprudential statement to emerge in the post-war period. The pioneering work of Lasswell & McDougal on law & policy is already legendary. Most of the work produced by these scholars together & in collaboration with their students represent applications of their basic theory to a wide assortment of international & national legal & policy problems. Now, for the first time, the authoritative statement of their legal philosophy appears as a single volume. In Part I the authors develop their fundamental criteria for a theory about law, including the requirements of clarifying observational standpoint, focus of inquiry & the pertinent intellectual tasks incumbent on the scholar & decisionmaker for determining & achieving common interests. Trends in theories about law, including Natural Law, the Historical School, Positivism, the Sociological Study of Law, American Legal Realism & other contemporary theories, are explored for what they might contribute to the achievement to the authors' conception of an adequate jurisprudence. In Part II, the social process as a whole & the particular value-institutional processes that comprise it are described & analyzed. Because people establish, maintain & change institutions, the dynamics of personality & personality's relation to law is delineated. Part III explores the intellectual tasks of policy thinking, from clarification of values, through description of trend, the scientific examination of conditions, projection of future developments & the invention of alternatives. Part IV examines the structure of decision in a free society, a society in which the achievement of human dignity is confirmed in both word & deed. Six appendices bring together monographs by the authors over a period of forty years which deal, in more detail, with particular matters treated in the body of the book.

The Cambridge Companion To Natural Law Jurisprudence

Author: George Duke
Publisher: Cambridge University Press
ISBN: 1108155928
Size: 43.20 MB
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This collection provides an intellectually rigorous and accessible overview of key topics in contemporary natural law jurisprudence, an influential yet frequently misunderstood branch of legal philosophy. It fills a gap in the existing literature by bringing together leading international experts on natural law theory to provide perspectives on some of the most pressing issues pertaining to the nature and moral foundations of law. Themes covered include the history of the natural law tradition, the natural law account of practical reason, normativity and ethics, natural law approaches to legal obligation and authority and constitutional law. Creating a dialogue between leading figures in natural law thought, the Companion is an ideal introduction to the main commitments of natural law jurisprudence, whilst also offering a concise summary of developments in current scholarship for more advanced readers.