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Legal Theory and the Legal Academy

Legal Theory and the Legal Academy
Author: MaksymilianDel Mar
Publisher: Routledge
Total Pages: 435
Release: 2017-07-05
Genre: History
ISBN: 1351560506

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The third in a series of three volumes on Contemporary Legal Theory, this volume deals with four topics: 1) the role of legal theory in the legal curriculum; 2) the teaching of legal theory; 3) the relationship of legal theory to legal scholarship; and 4) the relationship of legal theory to comparative law. The focus of the first two topics is on the common law world, where the debates over the aims and proper place of legal theory in the study of law have traversed a good deal of ground since John Austin's 1828 lecture, 'The Uses and the Study of Jurisprudence.' These first two parts offer a selection of the most important papers, including surveys, as well as pedagogical viewpoints and particular course descriptions from analytical, critical, feminist, law-and-literature and global perspectives. The last three decades have seen just as many changes for legal scholarship and comparative law. These changes (such as the rise of empirical legal scholarship) have often attracted the attention of legal theorists. Within comparative law, the last thirty years have witnessed intense methodological reflection within the discipline; the results of these reflections are themselves properly recognised as legal theoretical contributions. The volume collects the key papers, including those by Neil MacCormick, Mark Van Hoecke, Andrew Halpin, William Ewald and Geoffrey Samuel.


The Arts and the Legal Academy

The Arts and the Legal Academy
Author: Dr Maksymilian Del Mar
Publisher: Ashgate Publishing, Ltd.
Total Pages: 439
Release: 2013-01-28
Genre: Law
ISBN: 1472404467

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In Western culture, law is dominated by textual representation. Lawyers, academics and law students live and work in a textual world where the written word is law and law is interpreted largely within written and printed discourse. Is it possible, however, to understand and learn law differently? Could modes of knowing, feeling, memory and expectation commonly present in the Arts enable a deeper understanding of law's discourse and practice? If so, how might that work for students, lawyers and academics in the classroom, and in continuing professional development? Bringing together scholars, legal practitioners internationally from the fields of legal education, legal theory, theatre, architecture, visual and movement arts, this book is evidence of how the Arts can powerfully revitalize the theory and practice of legal education. Through discussion of theory and practice in the humanities and Arts, linked to practical examples of radical interventions, the chapters reveal how the Arts can transform educational practice and our view of its place in legal practice. Available in enhanced electronic format, the book complements The Moral Imagination and the Legal Life, also published by Ashgate.


Poznań School of Legal Theory

Poznań School of Legal Theory
Author: Paweł Kwiatkowski
Publisher: BRILL
Total Pages: 436
Release: 2021-02-08
Genre: Philosophy
ISBN: 9004448446

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This book grew out of the conviction that the original concepts of the Poznań School of Legal Theory are still perfectly suited for application today, in the era of moral pluralism and multicentric legal systems. Moreover, since we are in the midst of a period of heated disputes over the grounds of the normativity of law, and are confronting controversies about the basis for the legitimacy of court decisions, over the results of legal interpretation, and concerning the coherence of legal systems, it would seem that the legal-theoretical proposals put forward by the circle of Poznań legal theorists, supported as they are by firm methodological foundations, have not by any means lost their value.


Methodologies of Legal Research

Methodologies of Legal Research
Author: Mark Van Hoecke
Publisher: Bloomsbury Publishing
Total Pages: 310
Release: 2011-02-28
Genre: Law
ISBN: 1847317804

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Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions.


Critical Legal Studies and the Campaign for American Law Schools

Critical Legal Studies and the Campaign for American Law Schools
Author: Paul Baumgardner
Publisher: Springer Nature
Total Pages: 117
Release: 2021-09-08
Genre: Political Science
ISBN: 3030823784

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Recent political science research into the American legal academy has been ‘captured by conservatism’—this research has framed the institutional and ideological developments occurring within the law schools over the past forty years solely through the prism of modern conservatism. As a result, political scientists have ignored the political struggles of one of the most important legal reform movements of the 1980s and overlooked the hope for leftist reform that existed within American law schools during this period. Critical Legal Studies and the Campaign for American Law Schools tells the story of the critical legal studies movement. This formidable movement sought to fundamentally reconstruct law schools, train a new generation of leftist lawyers, and replace the dominant form of legal consciousness governing the American legal system. Instead of projecting a fatalism onto leftist reform, this book relies on extensive archival research and interviews to illuminate the radical potential that lived in the American legal academy of the 1980s. The critical legal studies movement was a towering presence in the law schools, and its legacy continues to hold out political possibilities and reform lessons for leftist legal scholars today.


The Arts and the Legal Academy

The Arts and the Legal Academy
Author: Zenon Bankowski
Publisher: Routledge
Total Pages: 248
Release: 2016-04-01
Genre: Law
ISBN: 131704438X

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In Western culture, law is dominated by textual representation. Lawyers, academics and law students live and work in a textual world where the written word is law and law is interpreted largely within written and printed discourse. Is it possible, however, to understand and learn law differently? Could modes of knowing, feeling, memory and expectation commonly present in the Arts enable a deeper understanding of law's discourse and practice? If so, how might that work for students, lawyers and academics in the classroom, and in continuing professional development? Bringing together scholars, legal practitioners internationally from the fields of legal education, legal theory, theatre, architecture, visual and movement arts, this book is evidence of how the Arts can powerfully revitalize the theory and practice of legal education. Through discussion of theory and practice in the humanities and Arts, linked to practical examples of radical interventions, the chapters reveal how the Arts can transform educational practice and our view of its place in legal practice. Available in enhanced electronic format, the book complements The Moral Imagination and the Legal Life, also published by Ashgate.


Failing Law Schools

Failing Law Schools
Author: Brian Z. Tamanaha
Publisher: University of Chicago Press
Total Pages: 253
Release: 2012-06-18
Genre: Education
ISBN: 0226923622

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“An essential title for anyone thinking of law school or concerned with America's dysfunctional legal system.” —Library Journal On the surface, law schools today are thriving. Enrollments are on the rise and law professors are among the highest paid. Yet behind the flourishing facade, law schools are failing abjectly. Recent front-page stories have detailed widespread dubious practices, including false reporting of LSAT and GPA scores, misleading placement reports, and the fundamental failure to prepare graduates to enter the profession. Addressing all these problems and more is renowned legal scholar Brian Z. Tamanaha. Piece by piece, Tamanaha lays out the how and why of the crisis and the likely consequences if the current trend continues. The out-of-pocket cost of obtaining a law degree at many schools now approaches $200,000. The average law school graduate’s debt is around $100,000—the highest it has ever been—while the legal job market is the worst in decades. Growing concern with the crisis in legal education has led to high-profile coverage in the Wall Street Journal and the New York Times, and many observers expect it soon will be the focus of congressional scrutiny. Bringing to the table his years of experience from within the legal academy, Tamanaha provides the perfect resource for assessing what’s wrong with law schools and figuring out how to fix them. “Failing Law Schools presents a comprehensive case for the negative side of the legal education debate and I am sure that many legal academics and every law school dean will be talking about it.” —Stanley Fish, Florida International University College of Law


Schools for Misrule

Schools for Misrule
Author: Walter K. Olson
Publisher: Encounter Books
Total Pages: 294
Release: 2011
Genre: Law
ISBN: 1594032335

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Some imagine that the law schools possess a finer, purer moral sensitivity than the everyday America outside their walls. ("Welcome to the Republic of Conscience!" Yale Law dean Harold Koh announced to incoming students.) But as this book shows the pipe dream of training philosopher-monarchs not only leads to one policy disaster after another, but distracts law schools from the most useful function they can serve: training competent, ethical and suitably humble lawyers for tomorrow. --Book Jacket.


Master's Degree in Legal Theory

Master's Degree in Legal Theory
Author: European Academy of Legal Theory
Publisher:
Total Pages: 48
Release: 2002
Genre: Law
ISBN:

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Teaching Law

Teaching Law
Author: Robin West
Publisher: Cambridge University Press
Total Pages: 257
Release: 2014
Genre: Education
ISBN: 1107044537

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This book suggests reforms to improve legal education and responds to concerns that law schools eschew the study of justice.