Beyond Legal Reasoning: a Critique of Pure Lawyering

Author: Jeffrey Lipshaw

Publisher: Routledge

ISBN: 1315410796

Category: Law

Page: 170

View: 9868

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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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The Power of Agency

The 7 Principles to Conquer Obstacles, Make Effective Decisions, and Create a Life on Your Own Terms

Author: Dr. Paul Napper,Anthony Rao, Ph. D.

Publisher: St. Martin's Press

ISBN: 1250213495

Category: Business & Economics

Page: 320

View: 8356

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Introducing The Power of Agency, a science-backed approach to living life on your own terms. Agency is the ability to act as an effective agent for yourself—reflecting, making creative choices, and constructing a meaningful life. Grounded in extensive psychological research, The Power of Agency gives you the tools to help alleviate anxiety, manage competing demands and help you live your version of success. Renowned psychology experts Paul Napper and Anthony Rao will help you break through your state of overwhelm by showing you how to access your personal agency with seven empowering principles: control stimuli, associate selectively, move, position yourself as a learner, manage your emotions and beliefs, check your intuition, deliberate and then act. Featuring stories of people who have successfully applied these principles to improve their lives, The Power of Agency will give you the insights and skills to build your confidence, conquer challenges, and live more authentically.
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The Oxford Handbook of the Theory of International Law

Author: Anne Orford,Florian Hoffmann

Publisher: Oxford University Press

ISBN: 019100555X

Category: Law

Page: 1000

View: 9117

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The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international 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: 8158

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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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The Role of Social Science in Law

Author: Elizabeth Mertz

Publisher: Ashgate Publishing Company

ISBN: 9780754626015

Category: Law

Page: 611

View: 9315

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The legal system relies on social science for answers to many tough questions. Social scientists study issues relevant to law. But are law and social science talking past one another? This collection of important articles and essays explores the difficult process of translation between these two fields, drawing on three different scholarly perspectives - the 'insider' approach which views social science as a tool that lawyers can use for legal ends, the 'outsider' approach of the law and society or sociology of law movement, and the study of the language of law. Each section of the volume combines theoretical articles with specific empirical examples, ranging from the death penalty through anti-discrimination law to family violence.
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An introduction to law and social theory

Author: Reza Banakar,Max Travers

Publisher: Hart Pub

ISBN: N.A

Category: Law

Page: 367

View: 403

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Although most law schools recognize the value of introducing students to a broader sociological perspective on law, this usually falls short of a full engagement with sociology as an academic discipline. This book introduces a wide range of sociological traditions, and how they can be used in investigating law and legal institutions. The book is organized into six sections on classical sociology of law, structural functionalism and systems theory, critical approaches, interpretive approaches, postmodernism, and pluralism and globalization, and a conclusion that discusses the relationship between law and sociology. Each of the chapters is written by a specialist who reviews the literature, and discusses how the approach can be used in researching different topics.
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