Karl Llewellyn and the Realist Movement

Author: William Twining

Publisher: Cambridge University Press

ISBN: 1107023386

Category: Law

Page: 630

View: 4893

First published in 1973, Karl Llewellyn and the Realist Movement is a classic account of American Legal Realism and its leading figure. Karl Llewellyn is the best known and most substantial jurist of the group of lawyers known as the American Realists. He made important contributions to legal theory, legal sociology, commercial law, contract law, civil liberties and legal education. This intellectual biography sets Llewellyn in the broad context of the rise of the American Realist Movement and contains an overview of his life before focusing on his most important works, including The Cheyenne Way, The Bramble Bush, The Common Law Tradition and the Uniform Commercial Code. In this second edition the original text is supplemented with a preface by Frederick Schauer and an afterword in which William Twining gives a fascinating account of the making of the book and comments on developments in relevant legal scholarship over the past forty years.
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Law's Ethical, Global and Theoretical Contexts

Essays in Honour of William Twining

Author: Upendra Baxi,Christopher McCrudden,Abdul Paliwala

Publisher: Cambridge University Press

ISBN: 1107116406

Category: Law

Page: 426

View: 5833

Examines contemporary perspectives on law through Twining's scholarly work and with a focus on ethical, global and theoretical contexts.
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Jurist in Context

Author: William Twining

Publisher: Cambridge University Press

ISBN: 1108480977

Category: Biography & Autobiography

Page: 404

View: 866

A leading English jurist reflects on the development of his thoughts and writings in legal theory over sixty years.
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The Theory of Rules

Author: Karl N. Llewellyn,Frederick Schauer

Publisher: University of Chicago Press

ISBN: 0226487954

Category: Law

Page: 157

View: 6208

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 Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules.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

A Study in the Judicial Redistribution of Property Rights

Author: Craig Rotherham

Publisher: Hart Publishing

ISBN: 1841131652

Category: Law

Page: 354

View: 6970

This volume examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust in the context of contracts to assign property, and the breakdown of intimate relationships.
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Health Care Law-making in Central and Eastern Europe

Review of a Legal-theoretical Model

Author: André Pieter den Exter,André den Exter

Publisher: Intersentia nv

ISBN: 9050952534

Category: Law

Page: 371

View: 7605

Most of the European countries are confronted with health care system reforms. In Central and Eastern Europe, however, the countries face specific challenges. Whereas "socialist" governments traditionally have been deeply involved in all facets of health care, the general process of initiated market-oriented reforms has also affected the nature and scope of government intervention in health care. Stimulated by the successes of concepts such as decentralisation, deregulation, and privatisation in order to create a more flexible market economy, policy-makers also began to apply such notions to the health care sector. The experiences in the early 1990s however, revealed certain devastating effects of transposing the general concept of market competition to the field of health care. One valuable lesson of those developments was that liberalising relations in health care necessitates a certain degree of government intervention. Furthermore, the nature and scope of Central and Eastem European health care reforms differed from country to country with no uniform "blueprint" for reform, derived from emulating Western European experiences, being readily available. Nevertheless, previous experiences in reforming health care may provide us with valuable lessons. Their significanee needs, nonetheless, to be reviewed in accordance with specific national setting.
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Law in a Social Context

Liber Amicorum Honouring Professor Lon L. Fuller

Author: Lon Luvois Fuller,Thomas W. Bechtler

Publisher: Brill Archive

ISBN: 9789026809736

Category: Law

Page: 228

View: 4782

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Law and Semiotics

Author: Roberta Kevelson

Publisher: Springer Science & Business Media

ISBN: 1461307716

Category: Law

Page: 382

View: 6365

of those problems in law which we inherit and/or retrieve in order to reconstruct and interpret in the light of legal semiotics, however defined. In addition to three main areas of underlying metaphysical assumptions there are also three main areas of possible editorial focus and these should be mentioned. The three areas of focus are: 1) the state-of-the-art of legal semiotics; 2) the dynamic, intense and exceptionally interactive quality of conference participation, and 3) the content of the papers presented which is the material of this volume. My choice of this triad of focal possibilities is to exclude the last since the papers speak for themselves and need but a brief reportorial caption. I also eliminate the second possible focus as the main focus since the discussion was not taped for editing into this volume and must remain for all those who participated a quality of scholarly meetings to be remembered, savored and hoped for. My main focus is on the "state-of-the-art" of legal semiotics. II At the conclusion of the First Round Table on Law and Semiotics (1987) it was noted that there were no working paradigms, in Kuhn's sense, that thus far emerged but rather that several problematic areas were disclosed which warrant attention. Therefore the first concern of Legal Semiotics should be to address the surface, i. e.
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Implicit Dimensions of Contract

Discrete, Relational and Network Contracts

Author: David Campbell,Hugh Collins,John Wightman

Publisher: Hart Publishing

ISBN: 1841133493

Category: Law

Page: 401

View: 1488

This collection of essays, derived from an international workshop, explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements, ranging from simple discrete transactions to long-term associational agreements such as those formed in companies. An interdisciplinary and comparative approach is used to investigate how the law comprehends and gives effect to these implicit dimensions of contracts. The significance of this enquiry is found not only in relation to the interpretation of contracts in many different contexts, but more fundamentally in how social practices involved in making contracts should be analyzed and comprehended.
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English legal system in context

Author: Fiona Cownie,Anthony Bradney,Mandy Burton

Publisher: Oxford University Press, USA

ISBN: 9780406966506

Category: Law

Page: 412

View: 4351

Following the same structure and philosophy as the two previous editions which have made this work so well respected, the new, third edition of English Legal System in Context offers a fresh approach to this core subject by considering a wider range of issue than can be found in other texts on this field. One example of this expanded approach can be seen in its coverage of the legal justice system. Here the authors consider the police, their powers and the rights of suspects detained at the police station. However, they also examine the world of private policing, the work of environmental health officers and other non-police prosecutors, as well as the role of the public in uncovering crime.
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Legal Realism

American and Scandinavian

Author: Michael Martin

Publisher: Peter Lang Pub Incorporated

ISBN: N.A

Category: Law

Page: 242

View: 6021

Martin (philosophy, Boston U.) critically compares and evaluates two versions of an important movement in early 20th-century legal thought. For both he recounts its origins and early development, surveys its main proponents, and considers it as a research program. He also looks at its influence on critical legal studies. Annotation c. by Book News, Inc., Portland, Or.
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Understanding Jurisprudence

An Introduction to Legal Theory

Author: Raymond Wacks

Publisher: Oxford University Press, USA

ISBN: 9780199532124

Category: Law

Page: 392

View: 7345

The concept of law lies at the very heart of social and political life. Universal principles like justice, rights, and morality can not be fully understood without us thinking about the role that law plays and the purpose behind our legal systems and institutions. Understanding Jurisprudenceopens up these challenging concepts to provide an engaging introduction to legal theory. The book guides the reader through the intriguing nature of jurisprudence and explores the central ideas and theories that continue to be hotly debated to this day.An experienced teacher of jurisprudence and distinguished writer in the field, Raymond Wacks adopts an approach that is easy to follow and understand without avoiding any of the complexities and subtleties of the subject. Students of law, politics, philosophy, and other social sciences will findthis an ideal starting point in their study of legal theory.Online Resource CentreAn online resource centre provides:Web links to useful sitesQuestions and answersFurther reading, including links to journal articlesBroader discussion of issues raised in the textAnalysis of current controversies of a jurisprudential nature such as news events and political debatesTwo additional chapters providing tips and advice on the study of jurisprudenceA glossary of terms
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