Natural Law in Court PDF Download

Author: R. H. Helmholz
Publisher: Harvard University Press
ISBN: 0674504615
Category : Law
Languages : en
Pages : 246

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Book Description
Natural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.

Author: Barry E. Hill
Publisher: Environmental Law Institute
ISBN: 9781585761241
Category : Law
Languages : en
Pages : 500

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Book Description
Environmental risks and harms affect certain geographic areas and populations more than others. The environmental justice movement is aimed at having the public and private sectors address this disproportionate burden of risk and exposure to pollution in minority and/or low-income communities, and for those communities to be engaged in the decision-making processes. Environmental Justice provides an overview of this defining problem and explores the growth of the environmental justice movement. It analyzes the complex mixture of environmental laws and civil rights legal theories adopted in environmental justice litigation. Teachers will have online access to the more than 100 page Teachers Manual.

Author: Austin Sarat
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 192

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Book Description
Explores the relationship between law and justice

Author: International Association for Philosophy of Law and Social Philosophy. Canadian Section
Publisher: Edmonton, Alta. : Academic Printers & Publishing
ISBN:
Category : Law
Languages : en
Pages : 408

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Book Description

Author: Michał Araszkiewicz
Publisher: Springer
ISBN: 3319195751
Category : Law
Languages : en
Pages : 556

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Book Description
This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of law making. Elaborations of the process of law making have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in law making. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems—and some possible solutions—as seen through the work of leading contemporary academics. The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of law making taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law. How does logic inform lawmaking? Are legal systems consistent and complete? How can legal rules be represented by means of formal calculi and visualization techniques? Does the structure of statutes or of legal systems resemble the structure of deductive systems? What are the logical relations between the basic concepts of jurisprudence that constitute the system of law? How are theories of legal interpretation relevant to the process of legislation? How might the statutory text be analysed by means of contemporary computer programs? These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection.

Author: William H. Simon
Publisher: Harvard University Press
ISBN: 0674043669
Category : Law
Languages : en
Pages : 264

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Book Description
Should a lawyer keep a client's secret even when disclosure would exculpate a person wrongly accused of crime? The Practice of Justice is a fresh look at this and other traditional questions about the ethics of lawyering.

Author: Henry Rottschaefer
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 25

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Book Description

Author: Julie Dickson
Publisher: Bloomsbury Publishing
ISBN: 1847313086
Category : Law
Languages : en
Pages : 161

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Book Description
If Raz and Dworkin disagree over how law should be characterised,how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover, what is it that makes an account of law successful? Evaluation and Legal Theory tackles methodological or meta-theoretical issues such as these, and does so via attempting to answer the question: to what extent, and in what sense, must a legal theorist make value judgements about his data in order to construct a successful theory of law? Dispelling the obfuscatory myth that legal positivism seeks a 'value-free' account of law, the author attempts to explain and defend Joseph Razs position that evaluation is essential to successful legal theory, whilst refuting John Finnis and Ronald Dworkins contentions that the legal theorist must morally evaluate and morally justify the law in order to properly explain its nature. The book does not claim to solve the many mysteries of meta-legal theory but does seek to contribute to and engender rigorous and focused debate on this topic.

Author: Marett Leiboff
Publisher: Lawbook Company
ISBN: 9780455226064
Category : Jurisprudence
Languages : en
Pages : 587

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Book Description
So what does legal theory have to do with life, the universe, and everything -- including the everyday practices of the law? LEGAL THEORIES: CONTEXTS AND PRACTICES shows how the seemingly remote world of legal theory, philosophy and jurisprudence is actually used in the day-to-day experience of law in all its forms. The book considers how basic legal concepts, such as tort and contract law, are grounded in social and political theory, and how the different legal outcomes will result from the use of theories of varying types and dimensions. This new book reinforces Marett Leiboff and Mark Thomas' reputation as innovators and popularises of legal theory as an active practice of law. Drawing on the historical, legal and social conditions in which various legal theories emerged, this book examines how they influenced and continue to influence the practices of law. Diagrams, illustrations, tables, charts and now photographs are used to explain and uncover the ideas behind legal theory and its uses in practice, and an historical and contextual timeline tracks the contexts and practices of the theories across generations. In doing so, LEGAL THEORIES: CONTEXTS AND PRACTICES provides a new and original exploration of legal theory and its relationship with society and practice. Leiboff and Thomas tell legal theory as a story, through a dispute in 17th century England between a king and a judge. Their explorations of legal theory encompass real, decided case law -- and Monty Python, Harry Potter and stories and ideas drawn from popular culture, psychology, and contemporary life. This book makes for an entertaining, lively, and engaging read, despite its serious purpose. LEGAL THEORIES: CONTEXTS AND PRACTICES is highly suitable for anyone engaging in legal theory, legal philosophy, and jurisprudence -- it is invaluable reading for scholars and practitioners alike.

Author: Karl N. Llewellyn
Publisher: Transaction Publishers
ISBN: 1412813786
Category : Philosophy
Languages : en
Pages : 549

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Book Description
Jurisprudence: Realism in Theory and Practice compiles many of Llewellyn's most important writings. For his time, the thirties through the fifties, Llewellyn offered fresh approaches to the study of law and society. Although these writings might not seem innovative today, because they have become widely applied in the contemporary world, they remain a testament to his. The ideas he advanced many decades ago have now become commonplace among contemporary jurisprudence scholars as well as social scientists studying law and legal issues. Legal realism, the ground of Llewellyn's theory, attempts to contextualize the practice of law. Its proponents argue that a host of extra-legal factors--social, cultural, historical, and psychological, to name a few--are at least as important in determining legal outcomes as are the rules and principles by which the legal system operates. Oliver Wendell Holmes, Jr., book, The Common Law, is regarded as the founder of legal realism. Holmes stated that in order to truly understand the workings of law, one must go beyond technical (or logical) elements entailing rules and procedures. The life of the law is not only that which is embodied in statutes and court decisions guided by procedural law. Law is just as much about experience: about flesh-and-blood human beings doings things together and making decisions. Llewellyn's version of legal realism was heavily influenced by Pound and Holmes. The distinction between "law in books" and "law in action" is an acknowledgement of the gap that exists between law as embodied in criminal, civil, and administrative code books, and law. A fully formed legal realism insists on studying the behavior of legal practitioners, including their practices, habits, and techniques of action as well as decision-making about others. This classic studyis a foremosthistorical work on legal theory, and is essential for understanding the roots of this influential perspective.