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The New Legal Realism Volume 1

Author: Elizabeth Mertz
Publisher: Cambridge University Press
ISBN: 1316495353
Size: 67.32 MB
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This is the first of two volumes announcing the emergence of the new legal realism as a field of study. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 1 lays the groundwork for this novel and comprehensive approach with an innovative mix of theoretical, historical, pedagogical, and empirical perspectives. Their empirical work covers such wide-ranging topics as the financial crisis, intellectual property battles, the legal disenfranchisement of African-American landowners, and gender and racial prejudice on law school faculties. The methodological blueprint offered here will be essential for anyone interested in the future of law-and-society.

The Oxford Handbook Of Legal History

Author: Markus D. Dubber
Publisher: Oxford University Press
ISBN: 0192513141
Size: 34.40 MB
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Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

Ruling Before The Law

Author: William Hurst
Publisher: Cambridge University Press
ISBN: 1108427200
Size: 42.16 MB
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Building on extensive fieldwork in China and Indonesia, Hurst offers a valuable comparison of legal systems in practice.

Jurisprudence For A Free Society

Author: Harold Dwight Lasswell
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792309895
Size: 44.40 MB
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"Jurisprudence For a Free Society" is a remarkable contribution to legal theory. In its comprehensiveness and 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 and McDougal on law and policy is already legendary. Most of the work produced by these scholars together and in collaboration with their students represent applications of their basic theory to a wide assortment of international and national legal and 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 and the pertinent intellectual tasks incumbent on the scholar and decisionmaker for determining and achieving common interests. Trends in theories about law, including Natural Law, the Historical School, Positivism, the Sociological Study of Law, American Legal Realism and 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 and the particular value-institutional processes that comprise it are described and analyzed. Because people establish, maintain and change institutions, the dynamics of personality and 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 futuredevelopments and 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 and 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.

Das Krumme Holz Der Humanit T

Author: Isaiah Berlin
Publisher:
ISBN: 9783827008169
Size: 19.69 MB
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Mit dem Titel dieses Buches spielt Isaiah Berlin auf ein berühmtes Diktum Immanuel Kants an: "Aus so krummem Holze, als woraus der Mensch gemacht ist, kann nichts ganz Gerades gezimmert werden." Dieser Satz enthält ein Programm, das für die Werke Berlins von Anfang an charakteristisch war: Unabhängigkeit des Denkens und das Plädoyer für Humanität gerade aus dem Wissen um ihre stete Gefährdung. Das krumme Holz der Humanität belegt diese Haltung auf eindrückliche Weise. In acht ideengeschichtlichen Studien diskutiert Isaiah Berlin zentrale Konzepte der Philosophie und Politik, die in den letzten 200 Jahren einen radikalen Bedeutungs- und Bewertungswandel erfahren haben: Pluralismus und Relativismus, Nationalismus und Faschismus, europäische Einheit und Utopie. Berlin beschwört nicht die Kultur Europas, er verkörpert sie - er schreibt und argumentiert aus ihrem Geiste, in genauer Kenntnis ihrer Leistungen und ihrer Widersprüche.

Social Science Social Policy The Law

Author: Patricia Ewick
Publisher: Russell Sage Foundation
ISBN: 9780871544261
Size: 20.45 MB
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Social science has been an important influence on legal thought since the legal realists of the1930s began to argue that laws should be socially workable as well as legally valid. With the expansion of legal rights in the 1960s, the law and social science were bound together by an optimistic belief that legal interventions, if fully informed by social science, could become an effective instrument of social improvement. Legal justice, it was hoped, could translate directly into social justice. Though this optimism has receded in both disciplines, social science and the law have remained intimately connected. Social Science, Social Policy, and the Law maps out this new relationship, applying social science to particular legal issues and reflecting upon the role of social science in legal thought. Several case studies illustrate the way that the law is embedded within the tangled interests and incentives that drive the social world. One study examines the entrepreneurialism that has shaped our systems of punishment from the colonial practice of deportation to today's privatized jails. Another case shows how many of those who do not qualify for legal aid cannot afford an effective legal defense with the consequence that economic inequality leads to inequality before the law. Two other studies look at the mixed results of legal regulation: the failure of legal safeguards to stop NASA's fatal 1986 Challenger launch decision, and the complicated effects of regulations to curb conflicts of interest in law firms. These two cases demonstrate that the law's effectiveness can depend, not only on how it is drafted, but also on how well it harmonizes with pre-existing social norms and patterns of self-regulation. The contributors to this volume share the belief that social science can and should influence legal policymaking. Empirical research is necessary to offset anecdotal evidence and untested assertions. But research that is acceptable to the academy may not stand up in court, and, as a result, social science does not always get a sympathetic hearing from legal decision makers. The relationship between social science and the law will always be complex; this volume takes a lead in showing how it can nonetheless be productive.

The Struggle For Law

Author: Rudolf Von Jhering
Publisher: Trieste Publishing
ISBN: 9780649148721
Size: 43.41 MB
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