Law's Empire

Author: Ronald Dworkin

Publisher: Harvard University Press

ISBN: 9780674518360

Category: Law

Page: 470

View: 7490

DOWNLOAD NOW »

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
Release

Festivals of Interpretation

Essays on Hans-Georg Gadamer's Work

Author: Kathleen Wright

Publisher: SUNY Press

ISBN: 9780791403778

Category: Philosophy

Page: 257

View: 3735

DOWNLOAD NOW »

This book engages and clarifies concepts crucial to Hans-Georg Gadamer's philosophical hermeneutics, including the concepts of effective-history, tradition, dialogue, and language. Festivals of Interpretation exhibits the universal scope of hermeneutics. The authors respond to three questions often raised about Gadamer's philosophical hermeneutics. Part One takes up the question of how Gadamer understands truth. It discusses how hermeneutical truth relates to methods, how truth may be thought to be historically conditioned without at the same time being relative, and how a truthful interpretation can produce a new understanding while simultaneously remaining faithful to the text. Part Two brings out the political, legal, and social relevance of Gadamer's philosophical hermeneutics by focusing on the role interpretation plays in times of political crisis, of disputes in Constitutional law, of changing ideas of societal needs such as health care, and of increased technological control of public opinion. The last question often asked about Gadamer's work concerns its relation to poetry. Part Three treats the challenge posed to philosophy by poetry in general and particularly by the poetry of Paul Celan as well as questions raised recently by Jacques Derrida about different ways of thinking about interpretation and text.
Release

Against the Law

Author: Paul F. Campos,Pierre Schlag,Steven Douglas Smith

Publisher: Duke University Press

ISBN: 9780822318415

Category: Law

Page: 277

View: 7347

DOWNLOAD NOW »

A fundamental critique of American law and legal thought, Against the Law consists of a series of essays written from three different perspectives that coalesce into a deep criticism of contemporary legal culture. Paul F. Campos, Pierre Schlag, and Steven D. Smith challenge the conventional representations of the legal system that are articulated and defended by American legal scholars. Unorthodox, irreverent, and provocative,Against the Law demonstrates that for many in the legal community, law has become a kind of substitute religion—an essentially idolatrous practice composed of systematic self-misrepresentation and self-deception. Linked by a persistent inquiry into the nature and identity of “the law,” these essays are informed by the conviction that the conventional representations of law, both in law schools and the courts, cannot be taken at face value—that the law, as commonly conceived, makes no sense. The authors argue that the relentlessly normative prescriptions of American legal thinkers are frequently futile and, indeed, often pernicious. They also argue that the failure to recognize the role that authorship must play in the production of legal thought plagues both the teaching and the practice of American law. Ranging from the institutional to the psychological and metaphysical deficiencies of the American legal system, the depth of criticism offered byAgainst the Law is unprecedented. In a departure from the nearly universal legitimating and reformist tendencies of American legal thought, this book will be of interest not only to the legal academics under attack in the book, but also to sociologists, historians, and social theorists. More particularly, it will engage all the American lawyers who suspect that there is something very wrong with the nature and direction of their profession, law students who anticipate becoming part of that profession, and those readers concerned with the status of the American legal system.
Release

Women and the Law in the Roman Empire

A Sourcebook on Marriage, Divorce and Widowhood

Author: Judith Evans Grubbs,Judith A. Evans-Grubbs,Terry Evans

Publisher: Psychology Press

ISBN: 9780415152402

Category: History

Page: 349

View: 8672

DOWNLOAD NOW »

It is widely recognized that Roman law is an important source of information about women in the Roman world, and can present a more rounded and accurate picture than literary sources. This sourcebook fully exploits the rich legal material of the imperial period - from Augustus (31 BCE - 14 CE) to the end of the western Roman Empire (476 CE), incorporating both pagan and Christian eras, and explaining the rights women held under Roman law, the restrictions to which they were subject, and legal regulations on marriage, divorce and widowhood.
Release

Abolitionism and American Law

Author: John R. McKivigan

Publisher: Taylor & Francis

ISBN: 9780815331094

Category: History

Page: 392

View: 6019

DOWNLOAD NOW »

This volume's essays reveal that the abolitionists' impact on United States law and the Constitution did not end with the Civil War. The immediate postwar Reconstruction amendments were both rooted in the radically anti-positivistic, natural rights philosophy long espoused by the radical political abolitionists. Implementing protection for black civil rights, however, proved much more difficult.
Release

Legal Hermeneutics

History, Theory, and Practice

Author: American Political Science Association

Publisher: Univ of California Press

ISBN: 9780520072848

Category: Political Science

Page: 325

View: 727

DOWNLOAD NOW »

Interpretation of the law is based on assumptions about the nature of texts, language, and the act of interpretation itself. These fourteen new essays trace the origin of these assumptions, examine their philosophical implications, and extend legal interpretation in new and constructive directions.
Release

In Defense of Legal Positivism

Law Without Trimmings

Author: Matthew H. Kramer

Publisher: Oxford University Press on Demand

ISBN: 9780199264834

Category: Law

Page: 313

View: 3782

DOWNLOAD NOW »

As an uncompromising defense of legal positivism, this book insists on the separability of law and morality. After distinguishing among three main dimensions of morality, the book explores a variety of ways in which law has been perceived by natural-law theorists as integrally connected to each of those dimensions. Some of the chapters pose arguments against major philosophers who have written on these issues, including David Lyons, Lon Fuller, Antony Duff, Joseph Raz, Ronald Dworkin, John Finnis, Philip Soper, Neil MacCormick, Robert Alexy, Gerald Postema, Stephen Perry, and Michael Moore. Several other chapters extend rather than defend legal positivism; they refine the insights of positivism and develop the implications of those insights in strikingly novel directions. The book concludes with a long discussion of the obligation to obey the law a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence.
Release

Law's Empire

Author: Ronald Dworkin

Publisher: Hart Pub Limited

ISBN: 9781841130415

Category: Law

Page: 470

View: 3557

DOWNLOAD NOW »

In this reprint of Law's Empire,Ronald Dworkin reflects on the nature of the law, its given authority, its application in democracy, the prominent role of interpretation in judgement, and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce. For that community, Law's Empire provides a judicious and coherent introduction to the place of law in our lives.Previously Published by Harper Collins. Reprinted (1998) by Hart Publishing.
Release

Law in the Crisis of Empire, 379-455 AD

The Theodosian Dynasty and Its Quaestors with a Palingenesia of Laws of the Dynasty

Author: Tony Honoré

Publisher: Oxford University Press

ISBN: 9780198260783

Category: History

Page: 320

View: 6732

DOWNLOAD NOW »

This is a new book from an eminent and well-respected scholar. A work of reference; an essay in the analysis of style; a contribution to the prosopography of the late Roman quaestorship; a reflection on the fall of the western and the survival of the eastern Roman empire: the book combines all four. Using his innovative and controversial method of analysis, already successfully employed in his highly-acclaimed Emperors and Lawyers (2nd edn 1994, OUP), the author examines the lawsof a crucial period of the late Roman empire (379-455 AD), a time when the West collapsed while the East survived. Wherever possible, he assigns each law to the likely imperial quaestor who drafted it. This approach yields a novel type of list of office holder (Fasti), in which each quaestor is associated with the laws he drafted. The author shows why the eastern Theodosian Code (429-438 AD), intended to restore the legal and administrative unity of the Roman empire, came too late to save theWest. The accompanying Palingenesia on an accompanying disk will enable scholars to read the texts chronologically and to judge the soundness of the arguments advanced. This book will be welcomed as a significant advance in our understanding of a fascinating period of late antiquity.
Release