Beyond Legal Reasoning: a Critique of Pure Lawyering

Author: Jeffrey Lipshaw

Publisher: Taylor & Francis

ISBN: 131541080X

Category: Law

Page: 188

View: 2088

The concept of learning to ‘think like a lawyer’ is one of the cornerstones of legal education in the United States and beyond. In this book, Jeffrey Lipshaw provides a critique of the traditional views of ‘thinking like a lawyer’ or ‘pure lawyering’ aimed at lawyers, law professors, and students who want to understand lawyering beyond the traditional warrior metaphor. Drawing on his extensive experience at the intersection of real world law and business issues, Professor Lipshaw presents a sophisticated philosophical argument that the "pure lawyering" of traditional legal education is agnostic to either truth or moral value of outcomes. He demonstrates pure lawyering’s potential both for illusions of certainty and cynical instrumentalism, and the consequences of both when lawyers are called on as dealmakers, policymakers, and counsellors. This book offers an avenue for getting beyond (or unlearning) merely how to think like a lawyer. It combines legal theory, philosophy of knowledge, and doctrine with an appreciation of real-life judgment calls that multi-disciplinary lawyers are called upon to make. The book will be of great interest to scholars of legal education, legal language and reasoning as well as professors who teach both doctrine and thinking and writing skills in the first year law school curriculum; and for anyone who is interested in seeking a perspective on ‘thinking like a lawyer’ beyond the litigation arena.
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Storytelling for Lawyers

Author: Philip Meyer

Publisher: Oxford University Press

ISBN: 0199910618

Category: Law

Page: 256

View: 493

Good lawyers have an ability to tell stories. Whether they are arguing a murder case or a complex financial securities case, they can capably explain a chain of events to judges and juries so that they understand them. The best lawyers are also able to construct narratives that have an emotional impact on their intended audiences. But what is a narrative, and how can lawyers go about constructing one? How does one transform a cold presentation of facts into a seamless story that clearly and compellingly takes readers not only from point A to point B, but to points C, D, E, F, and G as well? In Storytelling for Lawyers, Phil Meyer explains how. He begins with a pragmatic theory of the narrative foundations of litigation practice and then applies it to a range of practical illustrative examples: briefs, judicial opinions and oral arguments. Intended for legal practitioners, teachers, law students, and even interdisciplinary academics, the book offers a basic yet comprehensive explanation of the central role of narrative in litigation. The book also offers a narrative tool kit that supplements the analytical skills traditionally emphasized in law school as well as practical tips for practicing attorneys that will help them craft their own legal stories.
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Choice of Law

Author: Dean Symeon C. Symeonides

Publisher: Oxford University Press

ISBN: 0190496738

Category: Law

Page: 800

View: 3497

Choice of Law provides an in-depth sophisticated coverage of the choice-of-law part Conflicts Law (or Private International Law) in torts, products liability, contracts, forum-selection and arbitration clauses, insurance, statutes of limitation, domestic relations, property, marital property, and successions. It also covers the constitutional framework and conflicts between federal law and foreign law. The book explains the doctrinal and methodological foundations of choice of law and then focuses on its actual practice, examining not only what courts say but also what they do. It identifies the emerging decisional patterns and extracts predictions about likely outcomes.
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The Thin Justice of International Law

A Moral Reckoning of the Law of Nations

Author: Steven R. Ratner

Publisher: OUP Oxford

ISBN: 0191009113

Category: Law

Page: 500

View: 9041

In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.
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The Politics of Law

A Progressive Critique, Third Edition

Author: David Kairys

Publisher: ReadHowYouWant.com

ISBN: 1459608216

Category:

Page: 988

View: 9557

The Politics of Law is the most widely read critique of the nature and role of the law in American society. This revised edition continues the book's concrete focus on the major subjects and fields of law. New essays on emerging fields and the latest trends and cases have been added to updated versions of the now-classic essays from earlier editions. A unique assortment of leading scholars and practitioners in law and related disciplines - political science, economics, sociology, criminology, history, and literature - raise basic questions about law, challenging long-held ideals like the separation of law from politics, economics, religion, and culture. They address such issues contextually and with a keen historical perspective as they explain and critique the law in a broad range of areas. This third edition contains essays on all of the subjects covered in the first year of law school while continuing the book's tradition of accessibility to non-law-trained readers. Insightful and powerful, The Politics of Law makes sense of the debates about judicial restraint and the range of legal controversies so central to American public life and culture.
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Law's Empire

Author: Ronald Dworkin

Publisher: Harvard University Press

ISBN: 9780674518360

Category: History

Page: 470

View: 6206

A renowned legal scholar presents a theory of law based on Anglo-American legal principles and practices, juridical interpretations, legal precedence, and a forcefully argued concept of political and legal integrity
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Collateral Knowledge

Legal Reasoning in the Global Financial Markets

Author: Annelise Riles

Publisher: University of Chicago Press

ISBN: 0226719332

Category: Business & Economics

Page: 295

View: 2040

Who are the agents of financial regulation? Is good (or bad) financial governance merely the work of legislators and regulators? Here Annelise Riles argues that financial governance is made not just through top-down laws and policies but also through the daily use of mundane legal techniques such as collateral by a variety of secondary agents, from legal technicians and retail investors to financiers and academics and even computerized trading programs. Drawing upon her ten years of ethnographic fieldwork in the Japanese derivatives market, Riles explores the uses of collateral in the financial markets as a regulatory device for stabilizing market transactions. How collateral operates, Riles suggests, is paradigmatic of a class of low-profile, mundane, but indispensable activities and practices that are all too often ignored as we think about how markets should work and be governed. Riles seeks to democratize our understanding of legal techniques, and demonstrate how these day-to-day private actions can be reformed to produce more effective forms of market regulation.
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The Future of Law and Economics

Essays in Reform and Recollection

Author: Guido Calabresi

Publisher: Yale University Press

ISBN: 0300216262

Category: Law

Page: 248

View: 8946

In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.
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Kant's Critiques

Author: Immanuel Kant

Publisher: Simon and Schuster

ISBN: 1627932488

Category: Philosophy

Page: 726

View: 2292

One of the cornerstone books of Western philosophy, here is Kant's seminal treatise, where he seeks to define the nature of reason itself and builds his own unique system of philosophical thought with an approach known as transcendental idealism. He argues that human knowledge is limited by the capacity for perception.
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The Nature of Customary Law

Legal, Historical and Philosophical Perspectives

Author: Amanda Perreau-Saussine,James B. Murphy

Publisher: Cambridge University Press

ISBN: 1139463217

Category: Law

Page: N.A

View: 8514

Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.
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State of Exception

Author: Giorgio Agamben

Publisher: University of Chicago Press

ISBN: 0226009262

Category: Philosophy

Page: 104

View: 7991

Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.
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Legal Reason

Author: Lloyd L. Weinreb

Publisher: Cambridge University Press

ISBN: 1107153468

Category: Law

Page: 200

View: 3954

In this book, the pervasive use of analogies in the reasoning of lawyers and judges is explained in clear, simple, untechnical prose.
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The Semiotics of Law in Legal Education

Author: Jan M. Broekman,Francis J. Mootz III

Publisher: Springer Science & Business Media

ISBN: 9789400713413

Category: Law

Page: 255

View: 8489

This book offers educational experiences, including reflections and the resulting essays, from the Roberta Kevelson Seminar on Law and Semiotics held during 2008 – 2011 at Penn State University’s Dickinson School of Law. The texts address educational aspects of law that require attention and that also are issues in traditional jurisprudence and legal theory. The book introduces education in legal semiotics as it evolves in a legal curriculum. Specific semiotic concepts, such as “sign”, “symbol” or “legal language,” demonstrate how a lawyer’s professionally important tasks of name-giving and meaning-giving are seldom completely understood by lawyers or laypeople. These concepts require analyses of considerable depth to understand the expressiveness of these legal names and meanings, and to understand how lawyers can “say the law,” or urge such a saying correctly and effectively in the context of a natural language that is understandable to all of us. The book brings together the structure of the Seminar, its foundational philosophical problems, the specifics of legal history, and the semiotics of the legal system with specific themes such as gender, family law, and business law.
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Beyond the Formalist-Realist Divide

The Role of Politics in Judging

Author: Brian Z. Tamanaha

Publisher: Princeton University Press

ISBN: 9781400831982

Category: Law

Page: 264

View: 8210

According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.
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Speaking of Language and Law

Conversations on the Work of Peter Tiersma

Author: Lawrence Solan,Janet Ainsworth,Roger W. Shuy

Publisher: Oxford University Press

ISBN: 019049266X

Category: Law

Page: 328

View: 6954

Among the most prominent scholars of language and law is Peter Tiersma, a law professor at Loyola Law School with a doctorate in linguistics (co-editor of The Oxford Handbook of Language and Law). Tiersma's significant body of work traverses a variety of legal and linguistic fields. This book offers a selection of twelve of Tiersma's most influential publications, divided into five thematic areas that are critical to both law and linguistics: Language and Law as a Field of Inquiry, Legal Language and its History, Language and Civil Liability, Language and Criminal Justice, and Jury Instructions. Each paper is accompanied by a brief commentary from a leading scholar in the field, offering a substantive conversation about the ramifications of Tiersma's work and the disagreements that have often surrounded it.
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The Mis-education of the Negro

Author: Carter Godwin Woodson

Publisher: ReadaClassic.com

ISBN: N.A

Category: African Americans

Page: 207

View: 9236

Woodson's classic work of criticism explores how the education received by blacks has failed to give them an appreciation of themselves as a race and their contributions to history. Woodson puts forward a program that calls for the educated to learn about their past and serve the black community. (Education/Teaching)
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On Law and Justice

Author: Alf Ross

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584774886

Category: Law

Page: 383

View: 7858

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).
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Why We Work

Author: Barry Schwartz

Publisher: Simon and Schuster

ISBN: 1476784876

Category: Psychology

Page: 112

View: 9705

An eye-opening, groundbreaking tour of the purpose of work in our lives, showing how work operates in our culture and how you can find your own path to happiness in the workplace. Why do we work? The question seems so simple. But Professor Barry Schwartz proves that the answer is surprising, complex, and urgent. We’ve long been taught that the reason we work is primarily for a paycheck. In fact, we’ve shaped much of the infrastructure of our society to accommodate this belief. Then why are so many people dissatisfied with their work, despite healthy compensation? And why do so many people find immense fulfillment and satisfaction through “menial” jobs? Schwartz explores why so many believe that the goal for working should be to earn money, how we arrived to believe that paying workers more leads to better work, and why this has made our society confused, unhappy, and has established a dangerously misguided system. Through fascinating studies and compelling anecdotes, this book dispels this myth. Schwartz takes us through hospitals and hair salons, auto plants and boardrooms, showing workers in all walks of life, showcasing the trends and patterns that lead to happiness in the workplace. Ultimately, Schwartz proves that the root of what drives us to do good work can rarely be incentivized, and that the cause of bad work is often an attempt to do just that. How did we get to this tangled place? How do we change the way we work? With great insight and wisdom, Schwartz shows us how to take our first steps toward understanding, and empowering us all to find great work.
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Practical Wisdom

The Right Way to Do the Right Thing

Author: Barry Schwartz,Kenneth Sharpe

Publisher: Penguin

ISBN: 1101475188

Category: Self-Help

Page: 336

View: 3241

A reasoned yet urgent call to embrace and protect the essential, practical human quality that has been drummed out of our lives: wisdom. It's in our nature to want to succeed. It's also human nature to want to do right. But we've lost how to balance the two. How do we get it back? Practical Wisdom can help. "Practical wisdom" is the essential human quality that combines the fruits of our individual experiences with our empathy and intellect-an aim that Aristotle identified millennia ago. It's learning "the right way to do the right thing in a particular circumstance, with a particular person, at a particular time." But we have forgotten how to do this. In Practical Wisdom, Barry Schwartz and Kenneth Sharpe illuminate how to get back in touch with our wisdom: how to identify it, cultivate it, and enact it, and how to make ourselves healthier, wealthier, and wiser.
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