Jurisprudence & Philosophy Of Law
The Health of Nations
In recent decades, new pathogens such as HIV, the Ebola virus, and the BSE prion have emerged, while old scourges such as tuberculosis, cholera, and malaria have grown increasingly resistant to treatment. The global spread of disease does not threaten the human species, but it threatens the prosper...
Origins of Law and Economics
This work analyzes the centrality of law in nineteenth-century historical and institutional economics and is a prehistory to the new institutional economics of the late twentieth century. In the 1830s the 'new science of law' aimed to explain the working rules of human society by using the methodol...
Negotiation
Negotiation - whether hammering out a great job offer, settling a dispute with a client, drafting a contract, or making trade-offs between business units - is both a necessary and challenging aspect of business life. In the business world, confident negotiators are always in high demand. Bringing a...
Property
Read about a range of jobs in this exciting industry and find out who are the main players and what they have to offer, with 25+ interviews from people working in residential, commercial and industrial property this book will help you to land your dream job in this high-stakes industry....
Legislation and Justice
No enquiry into the making of the modern European state can ignore the part played by law. This comprehensive scholarly volume examines in detail how states availed themselves of juridicial techniques in order to mould their institutions, to take control over their territory, and to exercise power ...
Ancient Law
Best known as a history of progress, Ancient Law is the enduring work of the 19th-century legal historian Henry Sumner Maine. Even those who have never read Ancient Law may find Maine's famous phrase from status to contract familiar. His narrative spans the ancient world, in which individuals were ...
The Blackwell Guide to the Philosophy of Law and Legal Theory
Written by an international assembly of distinguished philosophers and legal theorists, The Blackwell Guide to the Philosophy of Law and Legal Theory creates a groundbreaking student resource in critical essays on the central themes and issues of the philosophy of law today. Focusing and advancing ...
The Rule of Law
From the sprawling remnants of the Soviet empire to the southern tip of Africa, attempts are underway to replace arbitrary political regimes with governments constrained by the rule of law. This ideal which subordinates the wills of individuals, social movements--and even, sometimes, democratically...
Law and the Brain
The past 20 years have seen unparalleled advances in neurobiology, with findings from neuroscience being used to shed light on a range of human activities - many historically the province of those in the humanities and social sciences - aesthetics, emotion, consciousness, music. Applying this new k...
Deserts
This book is for ages 6-9. This activity guide introduces children to the wild and often misunderstood environment of the desert and the people and cultures that thrive in and around them. Information is included on all types of deserts - hot and dry, coastal, semiarid, and polar. Kids learn what d...
The High Court and the Constitution
It is over eleven years since the previous edition was published by Butterworths (Lexis Nexis). This edition therefore includes information, analysis and critique of the High Court's jurisprudence during that period. Some of its main highlights are: (a) the reformulation and development of the impl...
Bodies of Law
The most basic assertions about our bodies - that they are ours and distinguish us from each other, that they are private and have boundaries, races, and genders - are all political theories, constructed in legal texts for political purposes. So argues Alan Hyde in this first account of the body in...
An Introduction to the Principles of Morals and Legislation
AN INTRODUCTION TO THE PRINCIPLES OF MORALS AND LEGISLATION by JEREMY BENTHAM. First published in 1789. PREFACE: THE following sheets weref. As the note on the opposite page expresses, printed so lojag ago as the year 1780. The design, in pursuance of which they were written, was not so extensive a...
Principles of Law
WordBridge Publishing presents the translation of the Principles of Law, the first installment of the multivolume Philosophy of Law by Friedrich Julius Stahl (1802-1861), the greatest work of confessionally Christian jurisprudence ever written. The Principles of Law presents the core ideas of Stahl...
Responsibility in Law and Morality
At the heart of this book lie two questions: what does it mean to say we are responsible? And, what are our responsibilities? Its aim is not to answer these questions but to challenge some traditional approaches to answering them and more importantly, to suggest fruitful alternative approaches that...
THE RIGHTS OF WAR AND PEACE, Including the Law of Nature and of Nations
The Rights of War and Peace establishes a system of international law based on the concept of natural law. Natural law, as Grotius describes it, is law that applies to all people, regardless of country or nationality. This law establishes concepts like justifiable war and natural justice. Grotius d...
An Approach to Rights
This text contains 15 essays which together show the development of one of the more important contemporary theories of the nature, grounds and practical implications of rights. The author provides a critical perspective both on his own theory and on alternative theories from which he borrows, or th...
The Laws
The Law brings issues of legal theory to life by relating them to real problems in British politics. Questions about human rights, the rule of law, the unwritten constitution, the role of judges, law and politics, and civil disobedience are often discussed as purely abstract issues. Jeremy Waldon, ...
Philosophy of Law and Legal Theory
This carefully selected set of readings presents some of the most important articles in the field. The collection is essential reading for anyone with an interest in legal philosophy. The articles in this anthology are a natural addition to the superb set of original essays in A Companion to the Ph...
New Perspectives on the Divide Between National and International Law
This book aims to contribute to our understanding of one of the most pressing issues of modern international law: the relationship between the international legal order on the one hand and the domestic legal orders of over 190 sovereign states on the other hand The traditional and dominant understa...
Law and Reflexive Politics
Law and Reflexive Politics argues against the dominant recent 'republican' trend in legal and democratic theory that sees law as the prime vessel of political action, means of empowerment of civil society and guarantor of democratic politics. Against theorists as diverse as Dworkin, Habermas, Unger...
The Anatomy of Tort Law
Providing a means of comprehending the fragmentary nature of tort law, this text reconceives the subject as a system of ethical rules and principles of personal responsibility. As such it can be viewed as a series of relationships between protected interests, sanctioned conduct and sanctions....
Confessions in the Courtroom
The causes of confessions, the acceptability of confessions extracted under duress and the interrogation procedures used by police are among the topics explored in this volume. The authors examine how the North American legal system has evolved in its treatment of confessions over the past 50 years...
Democratic Governance and International Law
Prior to the end of the Cold War, the word 'democracy' was rarely used by international lawyers. Few international organisations supported democratic governance, and the criteria for recognition of governments took little account of whether regimes enjoyed a popular mandate. But the events of 1989-...
Anti-lawyers
"Anti-Lawyers" discusses how we should regard today's critics of law and government—for example, the critical legal studies movement—in the light of the historical and still unfinished struggle to separate the legal regulation of civil life from the Christian regulation o...
The Richness of Contract Law
Scholars have produced a wide variety of theoretical work on contract law. This is the first book to compile it, to present it coherently, to evaluate it, and to supply numerous references to additional sources. The author also offers his own practical perspective that emphasizes contract law's ric...
Psychology and Law
As law is instituted by society to serve society, there can be no question that psychology plays an important and inevitable role in the legal process, clarifying or complicating legal issues. In this enlightening text, Roesch, Hart, Ogloff, and the contributors review all the key areas of the use ...
Moral Principles and Medical Practice
Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork....
The Elements of Justice
What is justice Questions of justice are questions about what people are due. However, what that means in practice depends on the context in which the question is raised. Depending on context, the formal question of what people are due is answered by principles of desert, reciprocity, equality, or ...
Extending Deontic Logic for the Formalisation of Legal Rules
This book describes extensions of deontic logic. Deontic logic is a branch of philosophical logic involving reasoning with norms, obligations, prohibitions and permissions. The extensions concern the logical structure of legal rules and legal reasoning. Their function is to improve the representati...
Equality, Responsibility, and the Law
This book examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice. The central question is: whose bad luck is a particular piece of misfortune? Arthur Ripstein argues that there is a general set of principles to be found that clarifies responsibili...
Social Justice
This book explores ways of defining and enacting social justice in the context of social welfare and crime control policies. It examines how the notion of social justice informs experiences and understandings of the social world, why it appeals to so many people as a mobilising ideal for social cha...
Adversarial Versus Inquisitorial Justice
This is the first volume that directly compares the practices of adversarial and inquisitorial systems of law from a psychological perspective. It aims at understanding why American and European continental systems differ so much, while both systems entertain much support in their communities. In t...
Humanitarian Intervention
'The genocide in Rwanda showed us how terrible the consequences of inaction can be in the face of mass murder. But the conflict in Kosovo raised equally important questions about the consequences of action without international consensus and clear legal authority. On the one hand, is it legitimate ...
Index to the Works of Adam Smith
The Glasgow Edition of the Works and Correspondence of Adam Smith represents one of the best available editions of Adam Smith's monumental opus. For over fifteen years, Liberty Fund has made paperback editions of these classics accessible to a wider audience than ever before.Now, with the publ...
An Introduction to the History and Sources of Jewish Law
Jewish law has a history stretching from the early period to the modern State of Israel, encompassing the Talmud, Geonic and later codifications, the Spanish Golden Age, medieval and modern response, the Holocaust and modern reforms. Fifteen distinct periods are separately studied in this volume, e...
Law and Anthropology
The study of law was a cornerstone of early anthropological and sociological discussions. Precisely because social scientists like Weber and Durkheim were preoccupied with understanding the processes of social evolution and the form of the state, comparisons between law in European and non-European...
Understanding Justice
* Why should offenders be punished - what should punishments be designed to achieve?* Why has imprisonment become the normal punishment for crime in modern industrial societies?* What is the relationship between theories of punishment and the actual penalties inflicted on offenders? This revised an...
Max Weber
Max Weber was one of the most influential and creative intellectual forces of the twentieth century. In his methodology of the social sciences, he both exposed the flaws and solidified the foundations of the German historical tradition. Throughout his life, he saw bureaucracy as a serious obstacle ...
The Shape of Athenian Law
Unlike its predecessors, this systematic survey of the law of Athens is based on explicit discussion of how the subject might be studied and it incorporates topics like the democratic political system and social structure, which are too often regarded as being outside the scope of law. At its heart...
Roscoe Pound and Karl Llewellyn - Searching for an American Jurisprudence
American legal history is traditionally viewed as a series of schools of thought or landmark court decisions, not as the work of individuals. This book tells the pivotal story of American jurisprudence through two of its most influential shapers: Karl Llewellyn, father of legal realism, poet, and m...
The Common Law
1881. Underneath the enormous structure of codes, acts and laws to which each generation adds another story lies the cornerstone of the common law. It is not of itself a law nor yet a code of laws. Lawyers cannot refer to it by chapter and verse. It comprises the fundamental ideas, the philosophy o...
Legal Reasoning and Political Conflict
The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred-and divided-by the opinions of the Supreme Court, espec...
Patterns of American Jurisprudence
This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged ...
Vera Lex Volume 3
This journal of the international natural law society includes featured articles, book reviews, and an annotated bibliography. (Legal Reference)...
Moral Pluralism and Legal Neutrality
Vera Lex: Journal of the International Natural Law Society
Aquinas in the Courtroom
Outlines and discusses St. Thomas Aquinas's insights into legal reasoning and judgments, and the nature and role of judges and lawyers. Using St. Thomas Aquinas's natural law philosophy and Divine Exemplar argument to prompt new discussion of ethical questions that lawyers and judges should confron...
The Problem of Natural Law
The Problem of Natural Law examines the understanding of conscience offered by Thomas Aquinas, who provided the classic statement of natural law. The book suggests that natural law theory could be improved by bracketing Thomistic conscience and then shows how a natural law position thus revised wou...
Natural Law, Liberalism and Morality
Natural law, Liberalism and Morality brings together leading defenders of natural law and liberalism for a series of frank and lively exchanges touching upon critical issues of contemporary moral and political theory. The book is an outstanding example of the fruitful engagement of traditions of th...
In Defense of Natural Law
In 'Making Men Moral', Robert George questioned the central doctrines of liberal jurisprudence and political theory. In his new work he extends his critique of liberalism, and also goes beyond it to show how contemporary natural law theory provides a superior way of thinking about basic problems of...
Morality, Politics, and Law
Addressing the proper relation of moral and religious belief to politics and law, especially constitutional law, Perry here discusses whether a common moral foundation exists that is capable of providing, in a diverse social system like ours, consistent guidelines for handling divisive political, ...
Conflicts of Law and Morality
Drawing from numerous examples of conflicts between law and morality, Greenawalt illustrates in detail the positions and predicaments of potential lawbreakers and lawmakers alike...
The Legal Imagination
White extends his theory of law as constitutive rhetoric, asking how one may criticize the legal culture and the texts within it. "A fascinating study of the language of the law...This book is to be highly recommended: certainly, for those who find the time to read it, it will broaden the mind, and...
Dialaw
In this work it is argued that legal justification can best be studied from a procedural, dialogical point of view: legal statements are justified if the audience is convinced in an argumentative dialog. The formalized and implemented model DiaLaw guards the procedure in which two players aim at ju...
Informatics and the Foundations of Legal Reasoning
This volume represents a collaboration between a wide range of disciplines and countries. 14 papers, together with a long analytical introduction by the editors, were selected from the contributions of legal theorists, computer scientists, philosophers and logicians who were members of an internati...
The Legal Essays of Michael Bayles
The essays in this collection display Michael Bayle's commitment to utilitarianism, both as a moral theory and an analytical device. As a utilitarian, he chooses between the best of all possible alternatives by considering them and their consequences carefully and completely....
Legal Rights
The new, revised, fifth edition of Legal Rights offers in easy-to-understand language the latest state and federal statutes and administrative procedures that prohibit discrimination against deaf and hard of hearing people, and any others with physical challenges. It includes complete information o...
Responsibility and Fault
These original essays develop themes implicit in Herbert Hart and the author's Causation in the Law. Why should we be held responsible for the harm we cause? Honore proposes a theory of responsibility - outcome responsibility - according to which, to be responsible, it is sufficient to have interve...
Toxic Tort
The relationship between science, law and justice has become a pressing issue with recent U.S. Supreme Court decisions beginning with Daubert v. Merrell-Dow Pharmaceutical. How courts review scientific testimony and its foundation before trial can substantially affect the possibility of justice for...
Philosophy and the Law of Torts
When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examin...
Causation in the Law
An updated and extended second edition supporting the findings of its well-known predecessor which claimed that courts employ common-sense notions of causation in determining legal responsibility....
We the Court
The need to balance power between the Member States and the Union, and between public power and the market has created powerful constitutional dilemmas for the European Union. Adopting an inter-disciplinary approach and drawing upon the jurisprudence developed around Article 30, this book offers bo...
Eye for an Eye
This book is a historical and philosophical meditation on paying back and buying back, that is, it is about retaliation and redemption. It takes the law of the talion - eye for an eye, tooth for a tooth - seriously. In its biblical formulation that law states the value of my eye in terms of your ey...
Law Of The Constitution
Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom,...
Understanding Jurisprudence
What is law? Does it have a purpose? What is its relationship with justice? Do we have a moral duty to obey the law? These sorts of questions lie at the heart of jurisprudence. Moreover, every substantive or 'black letter' branch of the law raises questions about its own meaning and function. The l...
Province Of Jurisprudence Determined And The Uses Of The Study Of Jurisprudence
Justice
Lectures On Judisprudence
Smith's Lectures on Jurisprudence, originally delivered at the University of Glasgow in 1762-1763, presents his "theory of the rules by which civil government ought to be directed." The chief purpose of government, according to Smith, is to preserve justice; and "the object of justice is secur...
Philosophy Of International Law
A fundamental challenge to the foundations of the discipline of international law. This book offers an internal critique of the discipline of international law while showing the necessary place for philosophy within it. By reintroducing philosophy into the heart of the study of international law...
Justice And Its Surroundings
Justice and Its Surroundings author Anthony de Jasay has been described as one of the few genuinely original minds in modern political philosophy. The celebrated contemporary author of The State breaks new ground with this trenchant collection of essays on the topic of justice. In the introduction,...
Ideal Element In Law
Roscoe Pound, former dean of Harvard Law School, delivered a series of lectures at the University of Calcutta in 1948. In these lectures, he criticized virtually every modern mode of interpreting the law because he believed the administration of justice had lost its grounding and recourse to enduri...
Readings In The Philosophy Of Law
Your Law
Trial Justice: The International Criminal Court And The Lord's Resistance Army
The first major case before the International Criminal Court is the appalling situation in northern Uganda where Joseph Kony's Lord's Resistance Army abducted thousands, many of them children, and systematically tortured, raped, maimed and killed them. This book argues that much of the an...
Introduction To Critical Legal Theory 2/e
Jurisprudence: Themes And Concepts
Innovative in its approach to the study of jurisprudence, this book draws together a range of specialists, making original contributions, and provides a summary, analysis and critique of the basic themes in, and major contributions to, the study of jurisprudence. Taking an interdisciplinary ang...
Jurisprudence Q&a
Jurisprudence is often seen as a daunting subject, particularly because of its links with a variety of other disciplines, such as philosophy, sociology and political science. The answers given in the text explain the nature and significance of these links and seek to unravel their complexity....
Legal Studies Examination
Burton's Legal Thesaurus
BURTON'S IS GUILTY...OF BEING THE BEST LEGAL THESAURUS ON THE MARKET! 8,000 legal terms, synonyms, definitions, and parts of speech - now fully updated and revised "Prepared by lawyers, comprehensive, up-to-date, easy to use." -"American Bar Association Journal" A...
Impartiality, Neutrality And Justice: Re-reading Brian Barry's Justice As Impartiality
Brian Barry's "Justice as Impartiality" confronts issues at the heart of modern political philosophy. This important collection examines various aspects of his argument and expands the discussion beyond the text to explore wider issues at the center of contemporary debates about the ...
Republican Legal Theory: The History, Constitution And Purposes Of Law In A Free State
"Republican Legal Theory" discusses the history, constitution and purposes of law in a free state. This is the most comprehensive study since James Madison, Alexander Hamilton and "The Federalist" of republican legal ideas. Sellers explains the importance of popular sovereignty,...
Ronald Dworkin
Ronald Dworkin occupies a distinctive place in both public life and philosophy. In public life, he is a regular contributor to The New York Review of Books and other widely read journals. In philosophy, he has written important and influential works on many of the most prominent issues in legal and...
A Matter Of Law: A Memoir Of Struggle In The Cause Of Equal Rights
As chief legal assistant to Thurgood Marshall and, later, as General Counsel to the NAACP, Robert L. Carter played a central role in crafting the legal strategy for the pivotal cases of the civil rights era-arguing and winning over twenty pivotal cases before the Supreme Court, including Brown v. B...
Making Law
Legal scholars, sociologists, political scientists, and anthropologists join in an attempt to develop and refine a structural theory of law....
Sources Of Islamic Law
Islamic law never achieved unity but developed into five surviving schools, which, when established, were in competition with one another. This scholarly book is the first to examine critically the differing Islamic theories of abrogation upon which each school based its claim to be the correct int...
International Poverty Law: An Emerging Discourse
This book provides a new framework for the future theoretical development of international poverty law. It explores specific human rights initiatives that address particular aspects of poverty, including human rights conventions, the right to food as framed in UN development documents, and the deve...
Fragments Of Legal Cognition
Introduction To Feminist Jurisprudence
Aims to provide a student text which covers the major issues in feminist jurisprudence and to analyze the manner in which both traditional jurisprudence and law have remained a masculine subject despite the achievements of formal legal equality on the part of women....
Not Only For Myself: Identity, Politics, And The Law
A "moderate, judicious...look at identity politics" (Kirkus Reviews) by one our leading legal thinkers....
Governing Paradoxes Of Restorative Justice
Res Law Econ V18
Studies In Law, Politics, And Society: Crime And Punishment: Perspectives From The Humanities
Volume 37 of Studies in Law, Politics, and Society presents a special volume devoted to exploring humanistic perspectives on the subject of punishment. Drawing together a distinguished group of interdisciplinary scholars, it explores the way "deviant" subjects are constructed and made ava...
Studies In Law, Politics, And Society
Studies in Law, Politics and Society continues the tradition of annually publishing interdisciplinary research on law with a critical focus that was begun in Research in Law and Sociology and carried forward in Research in Law, Deviance and Social Control. The new title describes an expanded focus ...
Legal Knowledge And Information Systems
Jurix 2002 is the fifteenth conference in the Jurix series of annual international conferences devoted to the application of advanced informatics techniques to the legal domain. The proceedings contain a selection of peer reviewed papers from researchers representing current work at the leading edg...
Studies In Law, Politics And Society,25
This volume of "Studies in Law, Politics, and Society" presents a diverse array of articles by an interdisciplinary and international group of scholars. Their work spans the social sciences, humanities, and law and examines new perspectives on legal relationships and events, punishment as a literar...
Research In Law And Economics, Volume 19
"Research in Law and Economics" is a highly respected source of proactive, original perspectives on law and economics. For the researcher, this latest volume offers a diverse set of papers, each one a constructive contribution. The papers address: how the Supreme Court can clarify and rationalize t...
On Law, Morality And Politics
The second edition retains the selection of texts presented in the first edition but offers them in new translations by Richard J Regan -- including that of his Aquinas, Treatise on Law (Hackett, 2000). A revised Introduction and glossary, an updated select bibliography, and the inclusion of summar...
Treatise On Law
In his treatise on law comprising questions 90-97 of the Summa Theologica, St. Thomas presents a philosophical analysis of the nature and structure of law. Believing that law achieves its results by imposing moral obligations rather than outright force on those subject to it, he explores the vital ...
Islam And Gender
How can justice for women be achieved in an Islamic society? Through a series of lively interviews with clerics in the Iranian religious centre of Qom, Ziba Mir-Hosseini explores the issue of gender with Islamic jurisprudence and examines how clerics today perpetuate and modify these notions. Follo...
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