The Theory of Rules

The Theory of Rules
Author: Karl N. Llewellyn
Publsiher: University of Chicago Press
Total Pages: 165
Release: 2011-04
Genre: Law
ISBN: 9780226487953

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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 Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules.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.

The Theory of Rules

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 Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules.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.

Pure Theory of Law

Pure Theory of Law
Author: Hans Kelsen
Publsiher: The Lawbook Exchange, Ltd.
Total Pages: 366
Release: 2005
Genre: Law
ISBN: 9781584775782

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Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.

The Concept of Law

The Concept of Law
Author: Herbert Lionel Adolphus Hart
Publsiher: Unknown
Total Pages: 263
Release: 1986
Genre: Jurisprudence
ISBN: OCLC:15927021

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The Theory and Practice of Political Law

The Theory and Practice of Political Law
Author: Gregory Tardi
Publsiher: Unknown
Total Pages: 768
Release: 2015
Genre: Administrative law
ISBN: 0779873254

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Theory of Legal Principles

Theory of Legal Principles
Author: Humberto Avila
Publsiher: Springer Science & Business Media
Total Pages: 154
Release: 2007-09-26
Genre: Law
ISBN: 9781402058790

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This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.

The Theory Practice and Interpretation of Customary International Law

The Theory  Practice and Interpretation of Customary International Law
Author: Panos Merkouris,Jörg Kammerhofer,Noora Arajärvi
Publsiher: Cambridge University Press
Total Pages: 647
Release: 2022-05-26
Genre: Law
ISBN: 9781316516898

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Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.

A Theory of Legal Sentences

A Theory of Legal Sentences
Author: Manuel Atienza,J. Ruiz Manero
Publsiher: Springer Science & Business Media
Total Pages: 194
Release: 2012-12-06
Genre: Philosophy
ISBN: 9789400708488

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Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.