[PDF] A Realistic Theory Of Law eBook

Author : Brian Z. Tamanaha
Publisher : Cambridge University Press
Page : 211 pages
File Size : 26,32 MB
Release : 2017-04-24
Category : Law
ISBN : 1107188423

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The book re-orients jurisprudence and develops an empirically informed theory of law that applies throughout history and across different societies.

Author : Torben Spaak
Publisher : Cambridge University Press
Page : 807 pages
File Size : 42,10 MB
Release : 2021-02-04
Category : Law
ISBN : 1108427677

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The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.

Author : Brian Z. Tamanaha
Publisher : Oxford University Press
Page : 304 pages
File Size : 27,72 MB
Release : 1997
Category : Law
ISBN : 9780198265603

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Combining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area.Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear andconcise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.

Author : Pierluigi Chiassoni
Publisher : Springer
Page : 279 pages
File Size : 43,22 MB
Release : 2019-06-12
Category : Law
ISBN : 3030155900

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This book engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter 2 presents a conceptual apparatus concerning the phenomenon of legal interpretation, which it subsequently applies to investigate the truth-in-legal-interpretation issue. Chapters 3 to 6 argue for a theory of legal interpretation - pragmatic realism - by outlining a theory of interpretive games, revisiting the debate between literalism and contextualism in contemporary philosophy of language, and underscoring the many shortcomings of the container-retrieval view and pragmatic formalism. In turn, Chapter 7, focusing on comparative legal theory, advocates an interpretation-sensitive theory of legal gaps, as opposed to purely normativist ones. Chapter 8 explores the connection between judicial reasoning and judicial fictions, casting light on the structure and purpose of fictional reasoning. Chapter 9 provides an analytical enquiry into judicial precedent, examining a variety of ideal-typical systems in terms of their normative or de iure relevance. Chapter 10 addresses defeasibility and legal indeterminacy. In closing, Chapter 11 highlights the central tenets of a realistic theory of legislation.

Author : Rex Martin
Publisher : John Wiley & Sons
Page : 344 pages
File Size : 11,68 MB
Release : 2008-04-15
Category : Philosophy
ISBN : 1405157364

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This volume examines Rawls's theory of international justice as worked out in his controversial last book, The Law of Peoples.

Author : Alf Ross
Publisher : The Lawbook Exchange, Ltd.
Page : 396 pages
File Size : 29,98 MB
Release : 2004
Category : Jurisprudence
ISBN : 1584774886

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Ross, Alf. On Law and Justice. Berkeley: University of California Press, 1959. xi, 383 pp. Reprint available December 2004 by the Lawbook Exchange, Ltd. ISBN 1-58477-488-6. Cloth. $90. * In this influential and oft-cited study Ross discounted the theories of natural law, positivism and legal realism. In their stead, he proposed the abandonment of "ought-propositions" for the "is-propositions" employed by other empirical sciences, thereby envisioning lawyers that serve merely as "rational technologists." Less bound by tradition, and traditional notions of justice, jurisprudence then becomes "not only a beautiful mental activity per se, but also an instrument which may benefit any lawyer who wants to understand what he is doing and why" (Preface).

Author : Brian Z. Tamanaha
Publisher : Oxford Socio-Legal Studies
Page : 298 pages
File Size : 11,77 MB
Release : 2001
Category : Law
ISBN : 9780199244669

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Law is generally understood to be a mirror of society that functions to maintain social order. Focusing on this general understanding, this text conducts a survey of Western legal and social theories about law and its relationship within society.

Author : Brian Z. Tamanaha
Publisher : Cambridge University Press
Page : 238 pages
File Size : 37,55 MB
Release : 2006-10-02
Category : Law
ISBN : 1139459228

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The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.