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Western Legal Theory

Author : Augusto Zimmermann

Publisher :

Page : 0 pages

File Size : 28,41 MB

Release : 2012-12-07

Category : Jurisprudence

ISBN : 9780409333183

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Book Description

Western Legal Theory: History, Concepts and Perspectives enable readers to gain a holistic appreciation of the law by presenting a broad collection of ideas concerning the nature of law. The author draws from a number of social disciplines to provide a rounded sense of what law really is and how it should work in society. The text discusses a wide range of theories and theorists, and also traces the historical developments of Western legal thought from ancient times to the present day. With a focus on the historical and contemporary role of philosophy in the interpretation of law, Western Legal Theory: History, Concepts and Perspectives provide a fascinating insight into the development of law and a comprehensive analysis of current legal thought. It is ideal for students of legal theory and jurisprudence, legal history, political philosophy, and legal practitioners and general readers interested in the theories underpinning our legal institutions and framework.



Republican Legal Theory

Author : M. Sellers

Publisher : Springer

Page : 211 pages

File Size : 42,82 MB

Release : 2003-09-07

Category : Political Science

ISBN : 0230513409

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Book Description

Republican legal theory developed out of the jurisprudential and constitutional legacy of the Roman res publica as interpreted over two millennia in Europe and North America. In this book - the most comprehensive study of republican legal ideas to date - Professor Sellers traces the development of republican legal theory. Explaining the importance of popular sovereignty, the rule of law, the separation of powers and other essential republican legal characteristics, he argues that these republican institutions have introduced a new era of justice into politics.



Natural Law in Court

Author : R. H. Helmholz

Publisher : Harvard University Press

Page : 285 pages

File Size : 42,36 MB

Release : 2015-06-08

Category : Law

ISBN : 0674504615

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Book Description

The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.



Law in Theory and History

Author : Maksymilian Del Mar

Publisher : Bloomsbury Publishing

Page : 584 pages

File Size : 47,3 MB

Release : 2016-11-17

Category : Law

ISBN : 1509903879

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Book Description

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.



Subversive Legal History

Author : Russell Sandberg

Publisher :

Page : 0 pages

File Size : 14,85 MB

Release : 2021

Category : Law

ISBN : 9781032044415

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Book Description

The trouble with law schools -- The problem with legal history -- Subversive legal history -- The F in feminist legal history -- The perils of periodisation -- Counterfactual legal history -- The parallel world of legal geography -- We are all legal historians now.



Frontiers of Legal Theory

Author : Richard A. Posner

Publisher : Harvard University Press

Page : 474 pages

File Size : 11,44 MB

Release : 2004-03

Category : Business & Economics

ISBN : 9780674013605

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Book Description

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.



The Oxford Handbook of Legal History

Author : Markus D. Dubber

Publisher : Oxford University Press

Page : 1201 pages

File Size : 23,9 MB

Release : 2018-08-02

Category : Law

ISBN : 0192513133

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Book Description

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.



The Law Under the Swastika

Author : Michael Stolleis

Publisher : University of Chicago Press

Page : 292 pages

File Size : 50,35 MB

Release : 1998-02-28

Category : History

ISBN : 9780226775258

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Book Description

Michael Stolleis is part of a younger generation and is determined to honestly confront the past in hopes of preventing the same injustices from happening in the future.



Law, History, and Justice

Author : Annette Weinke

Publisher : Berghahn Books

Page : 529 pages

File Size : 35,33 MB

Release : 2018-12-17

Category : Political Science

ISBN : 1805399020

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Book Description

Since the nineteenth century, the development of international humanitarian law has been marked by complex entanglements of legal theory, historical trauma, criminal prosecution, historiography, and politics. All of these factors have played a role in changing views on the applicability of international law and human-rights ideas to state-organized violence, which in turn have been largely driven by transnational responses to German state crimes. Here, Annette Weinke gives a groundbreaking long-term history of the political, legal and academic debates concerning German state and mass violence in the First World War, during the National Socialist era and the Holocaust, and under the GDR.



A Legal Theory Without Law

Author : Ernst-Joachim Mestmäcker

Publisher : Mohr Siebeck

Page : 72 pages

File Size : 23,58 MB

Release : 2007

Category : Law

ISBN : 9783161492761

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Book Description

Ernst-Joachim Mestmacker reviews Richard Posner's and Friedrich A.von Hayek's legal theories. Both are famous for their contributions to law and economics. They are, however, adversaries in their concepts of law and how it is to be informed by economics. Posner finds the only scientific legal theory in the external (economic) analysis of law. With Friedrich von Hayek the role of rules of conduct and legislation is to be determined by the principles that govern a free and competitive order. There are, contrary to Posner, important contributions from legal scholarship, legal history and comparative law.