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Reading Law

Reading Law
Author: Antonin Scalia
Publisher: West Publishing Company
Total Pages: 0
Release: 2012
Genre: Judicial process
ISBN: 9780314275554

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In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.


Jurisprudence

Jurisprudence
Author: George C. Christie
Publisher: West Academic Publishing
Total Pages: 1318
Release: 2008
Genre: Law
ISBN:

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Hardbound - New, hardbound print book.


Readings in the Philosophy of Law

Readings in the Philosophy of Law
Author: Keith Culver
Publisher: Broadview Press
Total Pages: 580
Release: 1999-12-07
Genre: Law
ISBN: 9781551111797

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Law and Morality

Law and Morality
Author: David Dyzenhaus
Publisher: University of Toronto Press
Total Pages: 1095
Release: 2007-01-01
Genre: Law
ISBN: 0802094899

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Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication and the contribution of feminist approaches to the philosophy of law. New material on the Chinese Canadian head tax case is also featured. The second part of Law and Morality deals with philosophical questions as they apply to contemporary issues. Excerpts from judicial decisions as well as essays by practicing lawyers are included to provide theoretically informed legal analyses of the issues. Striking a balance between practical and more analytic, philosophical approaches, the volume's treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. Law and Morality has proved to be an essential text in both departments of philosophy and faculties of law and this latest edition brings the debates fully up to date, filling gaps in the previous editions and adding to the array of contemporary issues previously covered.


The Epistemological Foundations of Law

The Epistemological Foundations of Law
Author: Isaak Ismail Dore
Publisher:
Total Pages: 0
Release: 2007
Genre: Knowledge, Theory of
ISBN: 9781594603877

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This book differs from a standard jurisprudence text in that it examines law as a truth claim. Its major question is whether there are any eternal truths about the law, and, if so, whether they are knowable. Examples of questions discussed are: What is the correct foundation of law? Is it knowable? What is its source? What is the role of reason? Does reason exist apart from the "sources" of law, in the Cartesian tradition separating mind and body (res cogitans and res extensa)? What is the nature of the obligation to obey the law and how does it arise? What is the nature of the connection between law and morality? The first Western philosopher who explicitly asserted that law is a truth claim was Socrates. It is not surprising that other Western philosophers followed this path. This book traces the origins of this claim to some 500 years before Socrates walked the streets of Athens and then provides a compete historical profile over eight overlapping historical/philosophical periods: The pre-philosophical period, the presocratic period, the post-socratic period, the Roman period, the medieval/Christian period, the enlightenment period, the modern period and the postmodern period. These periods are intended to serve as analytical categories on which the organizational framework of the book rests. They also serve as evolutionary guideposts in an intellectual voyage, so that the reader gets an integrated picture of law not just as a social phenomenon but also as a truth claim, which, like all truth claims, can be critically evaluated. "This book is a brilliantly conceived and executed exploration of the extent to which law is rooted in "truth": rational truth, perceptive truth, and moral truth. This question is obviously foundational to law, whether law is viewed practically or theoretically. Through keen selection of materials and sharp commentary, Professor Dore presents - in one volume - the best current treatment of these issues from a broad historical perspective. It is an engaging and critical achievement, important reading for anyone interested in law as a human institution." -- Laura S. Underkuffler, J. DuPratt White Professor of Law, Cornell University Law School


Freedom's Law

Freedom's Law
Author: Ronald Dworkin
Publisher: OUP Oxford
Total Pages: 438
Release: 1999
Genre: Law
ISBN: 0198265573

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Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.


Justice Kennedy's Jurisprudence

Justice Kennedy's Jurisprudence
Author: Frank J. Colucci
Publisher:
Total Pages: 264
Release: 2009
Genre: Biography & Autobiography
ISBN:

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Examines the judicial philosophy of Supreme Court Justice Anthony M. Kennedy, who has been the critical swing vote on the Court for the last 20 years.


Readings in Jurisprudence

Readings in Jurisprudence
Author: Jerome Hall
Publisher:
Total Pages: 1183
Release: 1938
Genre: Jurisprudence
ISBN: 9781561693535

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Foundations of Law

Foundations of Law
Author: Adam J. MacLeod
Publisher: Ingram
Total Pages: 0
Release: 2017
Genre: Jurisprudence
ISBN: 9781531004637

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Foundations of Law is designed to help law and pre-law students make sense of law in a changeful age. It is founded upon the conviction of the English jurist William Blackstone that students who intend to study law need both technical instruction in law and liberal education in the history and jurisprudential concepts of law. The book considers the enduring nature of law and its relationship to equity and justice with the assistance of the authors of what we today call the Great Books. It also emphasizes enduring aspects of legal practice: the role of logic; the meaning and importance of conscience and of due process; different approaches to textual interpretation; and the relation of law to other normative concepts (such as morality and religion) and to science (such as economics). The book surveys classic writings concerning law and justice--for example, the works of Sophocles, Plato, Aristotle, and Aquinas. It contains writings that are foundational to Anglo-American legal norms and institutions--Blackstone, Bentham, Locke, the Federalists, Lincoln, Holmes, and others. It includes helpful analytical insights from influential jurisprudence scholars--Austin, Hart, Hohfeld, Dworkin, and Finnis, among others. Most uniquely, it matches each of those writings with constitutions, declarations, statutes, judicial decisions, and other legal and political texts (even a letter from jail) that illustrate and reinforce the key lessons drawn from the great works. The book does not leave students adrift in abstractions. It provides a solid grounding for understanding and practicing law in a rapidly-changing world. Combines technical instruction in law with liberal education in the history and jurisprudential concepts of law. Provides a solid grounding in the enduring characteristics of law to enable students to understand and practice law in a rapidly-changing world. Surveys the great books concerning law, equity, and justice. Uniquely matches each great book excerpt with judicial decisions, statutes, proclamations, and other legal materials to illustrate how foundational concepts recur in contemporary legal norms and institutions and to illustrate and reinforce the key lessons drawn from the great works. Emphasizes enduring aspects of legal practice: the role of logic; the meaning and importance of conscience and of due process; different approaches to textual interpretation; and the relation of law to other normative concepts (such as morality and religion) and to science (such as economics). Surveys classic writings concerning law and justice--for example, the works of Sophocles, Plato, Aristotle, and Aquinas. Surveys writings that are foundational to Anglo-American legal norms and institutions--for example, the works of Blackstone, Bentham, Locke, the Federalists, Lincoln, and Holmes. Includes helpful analytical insights from influential jurisprudence scholars--Austin, Hart, Hohfeld, Dworkin, and Finnis, among others. Opens each chapter with reading questions to assist beginning students. Follows readings with notes to direct more advanced students to additional reading and further lines of inquiry.