Author : Richard A. Posner
Publisher : Harvard University Press
Page : 474 pages
File Size : 42,48 MB
Release : 2004-03
Category : Business & Economics
ISBN : 9780674013605
The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.
Author : Jeffrey L. Dunoff
Publisher : Cambridge University Press
Page : 449 pages
File Size : 47,93 MB
Release : 2022-08-04
Category : Law
ISBN : 110861745X
Over the past decades international affairs have been increasingly legalized. International law has dramatically expanded into new fields and taken on new challenges. Despite this development, there has been little in-depth scholarship on what impact these changes have had on the field of international legal theory, how it is taught, and where it is going. This volume investigates the major developments in the field and explores the core assumptions and concepts, analytical tools, and key challenges associated with different approaches. An outstanding team of legal academics provides an accessible overview of competing theoretical movements, and a more in-depth understanding of the strengths, preoccupations, insights, and limits of those schools of thought. The contributions provide an authoritative account of current thinking about the theoretical foundations of contemporary international law and will serve as an indispensable resource for students, scholars, and practitioners.
Author : Richard A. Posner
Publisher : Harvard University Press
Page : 338 pages
File Size : 34,87 MB
Release : 2009-06-01
Category : Law
ISBN : 9780674042230
Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.
Author : Paul J. du Plessis
Publisher : Edinburgh University Press
Page : 256 pages
File Size : 49,96 MB
Release : 2013-01-21
Category : Law
ISBN : 0748668187
Roman law as a field of study is rapidly evolving to reflect new perspectives and approaches in research. Scholars who work on the subject are increasingly being asked to conduct research in an interdisciplinary manner whereby Roman law is not merely seen as a set of abstract concepts devoid of any background, but as a body of law which operated in a specific social, economic and cultural context. This context-based, 'law and society' approach to the study of Roman law is an exciting new field which legal historians must address. This interdisciplinary collection focuses on three larger themes which have emerged from these studies: Roman legal thought the interaction between legal theory and legal practice and the relationship between law and economics.
Author : José M. Muñoz
Publisher : Frontiers Media SA
Page : 149 pages
File Size : 11,25 MB
Release : 2020-12-10
Category : Science
ISBN : 288966208X
This eBook is a collection of articles from a Frontiers Research Topic. Frontiers Research Topics are very popular trademarks of the Frontiers Journals Series: they are collections of at least ten articles, all centered on a particular subject. With their unique mix of varied contributions from Original Research to Review Articles, Frontiers Research Topics unify the most influential researchers, the latest key findings and historical advances in a hot research area! Find out more on how to host your own Frontiers Research Topic or contribute to one as an author by contacting the Frontiers Editorial Office: frontiersin.org/about/contact.
Author : Naomi Creutzfeldt
Publisher : Routledge
Page : 566 pages
File Size : 11,15 MB
Release : 2019-08-13
Category : Law
ISBN : 0429489749
Drawing on a range of approaches from the social sciences and humanities, this handbook explores theoretical and empirical perspectives that address the articulation of law in society, and the social character of the rule of law. The vast field of socio-legal studies provides multiple lenses through which law can be considered. Rather than seeking to define the field of socio-legal studies, this book takes up the experiences of researchers within the field. First-hand accounts of socio-legal research projects allow the reader to engage with diverse theoretical and methodological approaches within this fluid interdisciplinary area. The book provides a rich resource for those interested in deepening their understanding of the variety of theories and methods available when law is studied in its broadest social context, as well as setting those within the history of the socio-legal movement. The chapters consider multiple disciplinary lenses – including feminism, anthropology and sociology – as well as a variety of methodologies, including: narrative, visual and spatial, psychological, economic and epidemiological approaches. Moreover, these are applied in a range of substantive contexts such as online hate speech, environmental law, biotechnology, research in post-conflict situations, race and LGBT+ lawyers. The handbook brings together younger contributors and some of the best-known names in the socio-legal field. It offers a fresh perspective on the past, present and future of sociolegal studies that will appeal to students and scholars with relevant interests in a range of subjects, including law, sociology and politics. Chapter 7 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Author : Martha Albertson Fineman
Publisher : Routledge
Page : 548 pages
File Size : 36,57 MB
Release : 2010-07-12
Category : Law
ISBN : 113694902X
Transcending the Boundaries of Law is a ground-breaking collection that will be central to future developments in feminist and related critical theories about law. In its pages three generations of feminist legal theorists engage with what have become key feminist themes, including equality, embodiment, identity, intimacy, and law and politics. Almost two decades ago Routledge published the very first anthology in feminist legal theory, At the Boundaries of Law (M.A. Fineman and N. Thomadsen, eds. 1991), which marked an important conceptual move away from the study of "women in law" prevalent in the 1970s and 1980s. The scholars in At the Boundaries applied feminist methods and theories in examining law and legal institutions, thus expanding upon work in the Law and Society tradition. This new anthology brings together some of the original contributors to that volume with scholars from subsequent generations of critical gender theorists. It provides a "retrospective" on the past twenty-five years of scholarly engagement with issues relating to gender and law, as well as suggesting directions for future inquiry, including the tantalizing suggestion that feminist legal theory should move beyond gender as its primary focus to consider the theoretical, political, and social implications of the universally shared and constant vulnerability inherent in the human condition.
Author : Professor Roger Cotterrell
Publisher : Ashgate Publishing, Ltd.
Page : 214 pages
File Size : 40,59 MB
Release : 2013-01-28
Category : Law
ISBN : 1409493105
This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal studies on the one hand and legal philosophy on the other. It is suggested that the concept of law must be re-considered. Law has to be seen today not just as the law of the nation state, or international law that links nation states, but also as transnational law in many forms. A legal pluralist approach is not just a matter of redefining law in legal theory; it also recognizes that law's authority comes from a plurality of diverse, sometimes conflicting, social sources. The book suggests that the social environment in which law operates must also be rethought, with many implications for comparative legal studies. The nature and boundaries of culture become important problems, while the concept of multiculturalism points to the cultural diversity of populations and to problems of fragmentation, or perhaps to new kinds of unity of the social. Theories of globalization raise a host of issues about the integrity of societies and about the need to understand social networks and forces that extend beyond the political societies of nation states. Through a range of specific studies, closely interrelated and building on each other, the book seeks to integrate the sociology of law with other kinds of legal analysis and engages directly with current juristic debates in legal theory and comparative law.
Author : James A. Gardner
Publisher : Oxford University Press
Page : 190 pages
File Size : 37,86 MB
Release : 2010-12-14
Category : Law
ISBN : 0199709580
New Frontiers of State Constitutional Law: Dual Enforcement of Norms projects a new vision for state constitutional law through a collection of essays that reflect a shift in legal thinking about the relationship between national and subnational systems of constitutional law. This book shatters the old image of American federalism as creating distinct systems of constitutional law. Instead, it shows how national and state constitutions and constitutional law are permanently and intimately linked.
Author : Reiner Kümmel
Publisher : Springer Science & Business Media
Page : 309 pages
File Size : 24,1 MB
Release : 2011-06-24
Category : Science
ISBN : 1441993657
Nothing happens in the world without energy conversion and entropy production. These fundamental natural laws are familiar to most of us when applied to the evolution of stars, biological processes, or the working of an internal combustion engine, but what about industrial economies and wealth production, or their constant companion, pollution? Does economics conform to the First and the Second Law of Thermodynamics? In this important book, Reiner Kümmel takes us on a fascinating tour of these laws and their influence on natural, technological, and social evolution. Analyzing economic growth in Germany, Japan, and the United States in light of technological constraints on capital, labor, and energy, Professor Kümmel upends conventional economic wisdom by showing that the productive power of energy far outweighs its small share of costs, while for labor just the opposite is true. Wealth creation by energy conversion is accompanied and limited by polluting emissions that are coupled to entropy production. These facts constitute the Second Law of Economics. They take on unprecedented importance in a world that is facing peak oil, debt-driven economic turmoil, and threats from pollution and climate change. They complement the First Law of Economics: Wealth is allocated on markets, and the legal framework determines the outcome. By applying the First and Second Law we understand the true origins of wealth production, the issues that imperil the goal of sustainable development, and the technological options that are compatible both with this goal and with natural laws. The critical role of energy and entropy in the productive sectors of the economy must be realized if we are to create a road map that avoids a Dark Age of shrinking natural resources, environmental degradation, and increasing social tensions.
