Science of Legal Method
Author | : |
Publisher | : |
Total Pages | : 696 |
Release | : 1917 |
Genre | : Bill drafting |
ISBN | : |
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Author | : |
Publisher | : |
Total Pages | : 696 |
Release | : 1917 |
Genre | : Bill drafting |
ISBN | : |
Author | : JANE C.. LOUK GINSBURG (DAVID S.) |
Publisher | : Foundation Press |
Total Pages | : 709 |
Release | : 2020-06-25 |
Genre | : |
ISBN | : 9781683289975 |
This updated casebook serves a course in introduction to legal reasoning. It is designed to initiate students in the legal methods of case law analysis and statutory interpretation. In a course of this kind, students should acquire or refine the techniques of close reading, analogizing, distinguishing, positing related fact patterns, and criticizing judicial and legislative exposition and logic. Law students' introduction to law can be unsettling: the sink or swim approach favored by many schools casts students adrift in a sea of substantive rules, forms and methods. By contrast, the Legal Methods course seeks to acquaint students with their new rhetorical and logical surroundings before, or together with, the students' first encounters with the substance of contracts, torts, or other first year courses. This approach may not only be user friendly; it should also prompt students to take a critical distance from the wielding of the methods. In this way, students may avoid (or at least broaden) the tunnel vision that so often afflicts beginning law students. The fifth edition features a substantially revised chapter on statutory interpretation. It not only highlights recent Supreme Court decisions, but also confronts students with statutory texts to construe independently of judicial exposition. The chapter also includes new sections on ordinary meaning, the use of dictionaries and corpus linguistics, and temporal problems in statutory interpretation.
Author | : Paul Cliteur |
Publisher | : Routledge |
Total Pages | : 176 |
Release | : 2022-04-04 |
Genre | : Law |
ISBN | : 1000578763 |
A New Introduction to Legal Method provides a comprehensive overview of legal science and the scientific character of legal knowledge. In five chapters, the book analyses and explores: (i) legal methodology in general, the main features of different schools of thought, and the nature of science in general; (ii) American realism, which offers an ideal starting point for law students to reflect on the material they are about to study critically; (iii) rationalism, empiricism, and logical positivism, in particular the work of Karl Popper; (iv) criticisms of essentialism; (v) the ideological and philosophical background of contemporary liberal interpretation. The inclusion of Dutch, French, and German literature sources makes this law title differ from previous writings on legal science. This textbook is ideal for students of legal method, and will be of great interest to those studying legal science, jurisprudence, legal research,and legal skills.
Author | : Layton B. Register |
Publisher | : |
Total Pages | : |
Release | : 1977-04 |
Genre | : |
ISBN | : 9780849025716 |
Author | : Sebastián Urbina |
Publisher | : Springer Science & Business Media |
Total Pages | : 272 |
Release | : 2002-08-31 |
Genre | : Law |
ISBN | : 9789041118707 |
We cannot see the world as it is because we face it in a 'contaminated' vein. That is, our conceptual scheme and biological constitution condition our world view. The legal normative world we are dealing with has some special features, like the primacy of practical reason over theoretical reason and the primacy of the internal point of view over the external point of view. Although it is not a feature of all legal traditions, 'legal dogmatics' is a privileged way of knowing legal normative object, that is, our legal orders. But we are not undertaking - as legal scholars - an empiricist enterprise because, among other reasons, we are not interested in the reality 'in itself' but in the 'relevant' reality, at least for us. In this respect, we do not only depend on theories (like physicists) but also on legal authoritative sources, that is, power and legitimacy. Legal scholars (and other participants in the legal life) are not neutral observers of their own world, trying to discover some hidden truth. They are committed experts trying to describe, justify and improve the legal order.
Author | : Huntington Cairns |
Publisher | : |
Total Pages | : 184 |
Release | : 1969 |
Genre | : Jurisprudence |
ISBN | : |
Author | : Ernest Bruncken |
Publisher | : Fred B Rothman & Company |
Total Pages | : 593 |
Release | : 1969 |
Genre | : Law |
ISBN | : 9780837726007 |
This text deals with the question of Legal Method, from the standpoint of the great Continental jurists such as Geny, Ehrlich, Kiss, Kohler, & Gerland, as well as Pound from Harvard. It is a study of the nature of law & of its creation & development by judicial decision & by legislation.
Author | : Peter L. Strauss |
Publisher | : |
Total Pages | : 952 |
Release | : 2008 |
Genre | : Law |
ISBN | : |
How should students begin their legal education? Professor Peter Strauss's innovative materials build on a Columbia Law School commitment reaching back to Karl Llewellyn's Bramble Bush -- that legal education should start with orientation to the materials lawyers use and the institutions they deal with.In general, Legal Methods provides an introduction to the processes and the skills necessary in the professional use of case law and legislation, and to the development of American legal institutions. The casebook starts with materials from the first decades of American history, with relatively simple common law litigation, statutes and institutions, and with a country having to fashion its law for itself, largely through its courts. As the country industrializes, judicial styles change, statutes and their interpretation become more and more important, administrative agencies emerge. The materials largely explore the developing law on the related questions of product liability and
Author | : Ernest Bruncken |
Publisher | : |
Total Pages | : 692 |
Release | : 2015-10-17 |
Genre | : |
ISBN | : 9781344783958 |
Author | : Bruncken Ernest |
Publisher | : Legare Street Press |
Total Pages | : 0 |
Release | : 2022-10-27 |
Genre | : |
ISBN | : 9781016548090 |
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.