A Realistic Theory Of Law
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A Realistic Theory of Law
Author | : Brian Z. Tamanaha |
Publsiher | : Cambridge University Press |
Total Pages | : 211 |
Release | : 2017-04-24 |
Genre | : Law |
ISBN | : 9781107188426 |
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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.
The Cambridge Companion to Legal Positivism
Author | : Torben Spaak,Patricia Mindus |
Publsiher | : Cambridge University Press |
Total Pages | : 807 |
Release | : 2021-02-04 |
Genre | : Law |
ISBN | : 9781108427678 |
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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.
Realistic Socio legal Theory
Author | : Brian Z. Tamanaha |
Publsiher | : Oxford University Press |
Total Pages | : 304 |
Release | : 1997 |
Genre | : Law |
ISBN | : 0198265603 |
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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.
REALISTIC THEORY OF LAW
Author | : Brian Z. Tamanaha |
Publsiher | : Unknown |
Total Pages | : 0 |
Release | : 2024 |
Genre | : Electronic Book |
ISBN | : OCLC:1237767422 |
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Jurisprudence Realism in Theory and Practice
Author | : Karl Nickerson Llewellyn |
Publsiher | : Unknown |
Total Pages | : 531 |
Release | : 1971 |
Genre | : Electronic Book |
ISBN | : OCLC:848205276 |
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The Theory of Rules
Author | : Karl N. Llewellyn |
Publsiher | : University of Chicago Press |
Total Pages | : 168 |
Release | : 2011-05-01 |
Genre | : Law |
ISBN | : 9780226487977 |
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Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn’s thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are “pretty playthings.” Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules. This book frames the development of Llewellyn’s thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law’s larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn’s writings and will prove a valuable contribution to the existing literature on legal realism.
Interpretation without Truth
Author | : Pierluigi Chiassoni |
Publsiher | : Springer |
Total Pages | : 279 |
Release | : 2019-06-12 |
Genre | : Law |
ISBN | : 9783030155902 |
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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.
Legal Realism and Justice
Author | : Edwin Norman Garlan |
Publsiher | : Unknown |
Total Pages | : 186 |
Release | : 1941 |
Genre | : Law |
ISBN | : UOM:39015002727975 |
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Clarifies the historical continuity of American legal realism through a study of juristic writings from the first half of the 20th century and of writers who are clearly recognized as leaders or followers of realism. The study also shows that American legal realism is not an integrated philosophy of law and that many of its leaders and followers have divergent or incompatible theories about law.