Karl Llewellyn and the Realist Movement

Author: William Twining

Publisher: Cambridge University Press

ISBN: 1107023386

Category: Law

Page: 630

View: 9388

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: 1316404765

Category: Law

Page: N.A

View: 3491

Law's Ethical, Global and Theoretical Contexts examines William Twining's principal contributions to law and jurisprudence in the context of three issues which will receive significant scholarly attention over the coming decades. Part I explores human rights, including torture, the role of evidence in human rights cases, the emerging discourse on 'traditional values', the relevance of 'Southern voices' to human rights debates, and the relationship between human rights and peace agreements. Part II assesses the impact of globalization through the lenses of sociology and comparative constitutionalism, and features an analysis of the development of pluralistic ideas of law in the context of privatization. Finally, Part III addresses issues of legal theory, including whether global legal pluralism needs a concept of law, the importance of context in legal interpretation, the effect of increasing digitalization on legal theory, and the utility of feminist and postmodern approaches to globalization and legal theory.
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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: 6918

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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Contract in Context

Author: Richard Austen-Baker,Qi Zhou

Publisher: Routledge

ISBN: 1135096139

Category: Law

Page: 154

View: 1996

Contract in Context provides an easy to read, in depth analysis of the purpose and role of contract law and the theories that surround it. It looks at the historical development of contract law as well as providing detailed analysis of some of the leading theoretical explanations and how they are applied on an international level. The book’s accessibility is enhanced by text boxes defining key concepts and terms and by bullet-point lists and descriptions further enlivened by biographical notes for leading figures and scholars. This ensures that students are able to gain a firm grasp and a clear understanding of the narratives and theories explained in the book. Contract in Context is unique in that it is not limited to one jurisdiction, making it ideal for students around the globe wishing to develop or expand their knowledge of contract law.
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Anglo-American Philosophy of Law

An Introduction to Its Development and Outcome

Author: Beryl Harold Levy

Publisher: Transaction Publishers

ISBN: 9781412817264

Category: Law

Page: 142

View: 8351

An account of successive legal theories in England and America against a background of the varieties of natural law in the ancient, medieval and modern worlds. The outcome in Legal Realism provides insight into contemporary issues in law and the judicial process and their relation to moral philosophy. As Levy shows, legal theory has always been inspired by forces outside the law in philosophy and politics. In England the philosophy of Utilitarianism as expounded by Bentham and Austin brought legal positivism into prominence as an alternative to natural law. In the United States the philosophy of pragmatism spearheaded by James and Dewey and shared by Justice Holmes gave the functional turn resulting in the movement of Legal Realism. After sketching the background of varieties of natural law in the ancient, medieval, and modern worlds, Levy presents leading figures and trends in England and the United States. The book is written so as to be intelligible to lawyers, philosophers, and students of cultural history and social science.
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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: 5776

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: 7964

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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Legal Realism

American and Scandinavian

Author: Michael Martin

Publisher: Peter Lang Pub Incorporated

ISBN: N.A

Category: Law

Page: 242

View: 9833

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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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: 1965

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Law and Semiotics

Author: Roberta Kevelson

Publisher: Springer Science & Business Media

ISBN: 1461307716

Category: Law

Page: 382

View: 2738

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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Der Zweck im Recht

Author: Rudolf von Jhering

Publisher: N.A

ISBN: N.A

Category: Law

Page: 557

View: 8747

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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: 3183

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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Common law

Author: Oliver Wendell Holmes

Publisher: N.A

ISBN: 9783428121519

Category: Common law

Page: 423

View: 583

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American Legal Realism

Author: William W. Fisher, III,Morton J. Horwitz

Publisher: Oxford University Press

ISBN: 9780195071238

Category: History

Page: 326

View: 947

Of Studies in Legal Education (1929) / Edited by Herman Oliphant. "Institute Priests and Yale Observers - A Reply to Dean Goodrich" (1936) / Thurman W. Arnold. "Goodbye to Law Reviews" (1936) / Fred Rodell.
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