Jurisprudence Or Legal Science


Book Description

In a series of new essays the authors attempt to answer important questions about the nature of jurisprudential thinking.




The Problems of Jurisprudence


Book Description

In this book, Richard A. Posner examines how judges go about making difficult decisions. Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. -- Adapted from Amazon.com summary.




No Magic Wand


Book Description

Since 1993, Supreme Court precedent has asked judges to serve as gatekeepers to their expert witnesses, admitting only reliable scientific testimony. Lacking a strong background in science, however, some judges admit dubious scientific testimony packages by articulate practitioners, while others reject reliable evidence that is unreasonably portrayed as full of holes. Seeking a balance between undue deference and undeserved skepticism, Caudill and LaRue draw on the philosophy of science to help judges, juries, and advocates better understand its goals and limitations.







Sexual Science and the Law


Book Description

A rape victim charges that pornography caused her attacker to become a sex offender. A lesbian mother fights for custody of her child. A transsexual pilot is fired by a commercial airline after undergoing sex change and sues for sex discrimination. A homosexual is denied employment because of sexual orientation. A woman argues that her criminal behavior should be excused because she suffers from premenstrual syndrome. The law has much to say about sexual behavior, but what it says is rarely influenced by the findings of social science research over recent decades. This book focuses for the first time on the dynamic interplay between sexual science and legal decisionmaking. Reflecting the author's wide experience as a respected sex researcher, expert witness, and lawyer, Sexual Science and the Law provides valuable insights into some of the most controversial social and sexual topics of our time. Drawing on an exhaustive knowledge of the relevant research and citing extensively from case law and court transcripts, Richard Green demonstrates how the work of sexual science could bring about a transformation in jurisprudence, informing the courts in their deliberations on issues such as sexual privacy, homosexuality, prostitution, abortion, pornography, and sexual abuse. In each case he considers, Green shows how the law has been shaped by social science or impoverished by reliance on conjecture and received wisdom. He examines the role of sexual science in legal controversy, its analysis of human motivation and behavior, and its use by the courts in determining the relative weight to be given the desires of the individual, the standards of society, and the power of the state in limiting sexual autonomy. Unprecedented in its portrayal of sexuality in a legal context, this scholarly but readable book will interest and educate professional and layperson alike--those lawyers, judges, sex educators, therapists, patients, and citizens who find themselves standing nonplussed at the meeting place of morality and behavior.




The Gift of Science


Book Description

Moving from the scientific revolution to the nineteenth-century rise of legal codes, Berkowitz tells the story of how lawyers and philosophers invented legal science to preserve law's claim to moral authority. The "gift" of science, however, proved bittersweet. Instead of strengthening the bond between law and justice, the subordination of law to science transformed law from an ethical order into a tool for social and economic ends.




Jurisprudence


Book Description

This text presents cutting edge contemporary materials, as well as new chapters on Natural Law, Positivism, Gay Legal Rights and Critical Lawyering. The book offers comprehensive coverage of legal theory from traditional to current movements, including new materials on Legal Formalism, Legal Process, Latino Critical, and Queer Critical Theory. Also contains extensive readings and updated and amplified notes, questions, problems, and bibliographies.




The Theory of Legal Science


Book Description




The Science of a Legislator


Book Description

A first comprehensive account of Adam Smith's jurisprudence demonstrates how his ideas developed out of, and in response to, Hume's theory of justice and includes the social and political thought expounded in his major writings.




The Ecology of Law


Book Description

Winner, IBPA Benjamin Franklin Award in Politics/Current Events: A systems theorist and a legal scholar present a new paradigm for protecting our planet. This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other—until recently. In the past few decades, science has shifted from seeing the natural world as a kind of cosmic machine best understood by analyzing each cog and sprocket to a systems perspective that views the world as a vast network of fluid communities and studies their dynamic interactions. The concept of ecology exemplifies this approach. But law is stuck in the old mechanistic paradigm: The world is simply a collection of discrete parts, and ownership of these parts is an individual right, protected by the state. Fritjof Capra, physicist, systems theorist, and bestselling author of The Tao of Physics, and distinguished legal scholar Ugo Mattei show that this obsolete worldview has led to overconsumption, pollution, and a general disregard on the part of the powerful for the common good. Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on Earth that better addresses many of the economic and social crises we face today. This is a visionary reconceptualization of the very foundations of the Western legal system, a kind of Copernican revolution in the law, with profound implications for the future of our planet. “Thoughtful . . . The authors propose a philosophy and jurisprudence that is deeply radical—upending centuries of Western tradition and culture—but possibly crucial to solving looming environmental problems.” —Publishers Weekly