The Nature and Process of Law


Book Description

Unlike other works in philosophy of law, which focus on the nature of law in the abstract, this comprehensive anthology presents law as a "process," part and parcel of a system of government and defined constitutional procedures. Using the U.S. legal system as a model, it establishes the basis of law in political theory, then presents substantive issues in private and public law, illustrated throughout with important political documents and court cases and stimulating readings in history, law, and philosophy. The editor's detailed critical commentary, notes, and study questions make these materials accessible and useful for a wide range of readers seeking a deeper understanding of private and public law and the nature of the political process.




The Nature of the Common Law


Book Description

Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been unclear what principles courts use—or should use—in establishing common law rules. In this lucid book, Melvin Eisenberg develops the principles that govern this process.







Natural Law and the Nature of Law


Book Description

Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.




The Nature of the Judicial Process


Book Description

In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.




The Nature of the Judicial Process


Book Description

This replica edition of a rare 1921 work gathers in one volume four lectures given by American lawyer and jurist BENJAMIN NATHAN CARDOZO (1870-1938), renowned for his contributions to American common law from his benches on the New York Court of Appeals and the United States Supreme Court. Here, Cardozo addresses one of the greatest challenges for the law: dealing with gray areas and middle grounds. These lectures cover his solutions for the conundrums presented by: [ "The Method of Philosophy" [ "The Methods of History, Tradition and Sociology" [ "The Method of Sociology, and the Judge as a Legislator" [ "Adherence to Precedent, and the Subconscious Element in the Judicial Process"




The Nature of Legal Interpretation


Book Description

Language shapes and reflects how we think about the world. It engages and intrigues us. Our everyday use of language is quite effortless—we are all experts on our native tongues. Despite this, issues of language and meaning have long flummoxed the judges on whom we depend for the interpretation of our most fundamental legal texts. Should a judge feel confident in defining common words in the texts without the aid of a linguist? How is the meaning communicated by the text determined? Should the communicative meaning of texts be decisive, or at least influential? To fully engage and probe these questions of interpretation, this volume draws upon a variety of experts from several fields, who collectively examine the interpretation of legal texts. In The Nature of Legal Interpretation, the contributors argue that the meaning of language is crucial to the interpretation of legal texts, such as statutes, constitutions, and contracts. Accordingly, expert analysis of language from linguists, philosophers, and legal scholars should influence how courts interpret legal texts. Offering insightful new interdisciplinary perspectives on originalism and legal interpretation, these essays put forth a significant and provocative discussion of how best to characterize the nature of language in legal texts.




The Nature of Change Or the Law of Unintended Consequences


Book Description

This absorbing book provides a broad introduction to the surprising nature of change, and explains how the Law of Unintended Consequences arises from the waves of change following one simple change. Change is a constant topic of discussion, whether be it on climate, politics, technology, or any of the many other changes in our lives. However, does anyone truly understand what change is? Over time, mankind has deliberately built social and technology based systems that are goal-directed there are goals to achieve and requirements to be met. Building such systems is man's way of planning for the future, and these plans are based on predicting the behavior of the system and its environment, at specified times in the future. Unfortunately, in a truly complex social or technical environment, this planned predictability can break down into a morass of surprising and unexpected consequences. Such unpredictability stems from the propagation of the effects of change through the influence of one event on another. The Nature of Change explains in detail the mechanism of change and will serve as an introduction to complex systems, or as complementary reading for systems engineering. This textbook will be especially useful to professionals in system building or business change management, and to students studying systems in a variety of fields such as information technology, business, law and society.




The Nature of the Judicial Process


Book Description

In this legal classic, a former Associate Supreme Court Justice explains the conscious and unconscious processes by which a judge decides a case. In simple, understandable language, he discusses the ways rulings are guided and shaped by information, precedent and custom, and standards of justice and morals.