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The Jurisprudence of Style

The Jurisprudence of Style
Author: Justin Desautels-Stein
Publisher: Cambridge University Press
Total Pages: 319
Release: 2018-02-22
Genre: Political Science
ISBN: 1108601464

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In the contemporary domain of American legal thought there is a dominant way in which lawyers and judges craft their argumentative practice. More colloquially, this is a dominant conception of what it means to 'think like a lawyer'. Despite the widespread popularity of this conception, it is rarely described in detail or given a name. Justin Desautels-Stein tells the story of how and why this happened, and why it matters. Drawing upon and updating the work of Harvard Law School's first generation of critical legal studies, Desautels-Stein develops what he calls a jurisprudence of style. In doing so, he uncovers the intellectual alliance, first emerging at the end of the nineteenth century and maturing in the last third of the twentieth century, between American pragmatism and liberal legal thought. Applying the tools of legal structuralism and phenomenology to real-world cases in areas of contemporary legal debate, this book develops a practice-oriented understanding of legal thought.


Searching for Contemporary Legal Thought

Searching for Contemporary Legal Thought
Author: Justin Desautels-Stein
Publisher: Cambridge University Press
Total Pages: 961
Release: 2017-12-28
Genre: Law
ISBN: 1108363660

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For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant G. Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles F. Sabel and William H. Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.


Oliver Wendell Holmes Jr., Pragmatism, and the Jurisprudence of Agon

Oliver Wendell Holmes Jr., Pragmatism, and the Jurisprudence of Agon
Author: Allen Mendenhall
Publisher: Bucknell University Press
Total Pages: 202
Release: 2016-12-14
Genre: Literary Criticism
ISBN: 1611487927

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Oliver Wendell Holmes Jr.’s dissents are influential because of their literary qualities of superfluity and energy he inherited from Emerson. The aesthetic style of his dissents reflects his theory of the common law that rejected depictions of fixed and unchanging rules in favor of an evolutionary view.


Papal Jurisprudence, 385–1234

Papal Jurisprudence, 385–1234
Author: D. L. d'Avray
Publisher: Cambridge University Press
Total Pages: 333
Release: 2022-03-17
Genre: History
ISBN: 1108473008

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Explains the rise in demand for papal judgments from the 4th century to the 13th century, and how these decretals were later understood.


The Right to Exclude

The Right to Exclude
Author: Justin Desautels-Stein
Publisher: Oxford University Press
Total Pages: 369
Release: 2023-03-09
Genre: Law
ISBN: 0198862164

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In a world in which racism and xenophobia are endemic, what is the role of international law? To the extent international rules are thought to have any relevance at all, the typical approach characterizes international law as on the side of racial justice. Human rights instruments like the United Nations' International Convention on the Elimination of Racial Discrimination are paradigmatic, offering the world international agreements in which governments are directed to avoid racist behavior and promote antiracist action. In The Right to Exclude, Justin Desautels-Stein goes against the grain and asks whether certain rules of international law might actually produce structures of racial hierarchy, rather than limiting them. The intellectual fulcrum for this production, Desautels-Stein argues, lies in the ideological structures of sovereignty and property, the right to exclude that is shared in those twinned precincts, and the border regimes that result. Applying critical race theory to contemporary problems of migration, nationalism, multiculturalism, decolonization, and self-determination, Desautels-Stein expounds a theory of "postracial xenophobia", a structure of racial ideology that justifies and legitimates a pragmatic account of racialized foreignness, a racial xenos.


English Prose Style

English Prose Style
Author: Herbert Read
Publisher:
Total Pages: 252
Release: 1928
Genre: English language
ISBN:

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Bengali Prose Style

Bengali Prose Style
Author: Dineshchandra Sen
Publisher:
Total Pages: 192
Release: 1921
Genre: Bengali language
ISBN:

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McCoubrey & White's Textbook on Jurisprudence

McCoubrey & White's Textbook on Jurisprudence
Author: James Penner
Publisher: Oxford University Press
Total Pages: 292
Release: 2012-08-30
Genre: Law
ISBN: 0199584346

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This textbook provides an introduction to and analysis of the major theories and controversies of jurisprudence. Starting with an overview of the nature of jurisprudence, then moving on to examine the theories and main protagonists in more detail, it is an ideal text for undergraduate students studying the subject for the first time.


Understanding Jurisprudence

Understanding Jurisprudence
Author: Raymond Wacks
Publisher: Oxford University Press, USA
Total Pages: 0
Release: 2005
Genre: Droit
ISBN: 9780199272587

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Understanding Jurisprudence explores the concept of law and its role within society. Detailing both the traditional and modern jurisprudential theories Raymond Wacks clearly relates these often complex arguments to the nature and purpose of our current legal systems. This book reveals the intriguing and challenging nature of jurisprudence with clarity and enthusiasm. Without avoiding the complexities and subtleties of the subject, the author provides an illuminating guide to the central questions of legal theory. An experienced teacher of jurisprudence and distinguished writer in the field, his approach is stimulating, accessible, and entertaining.


Intellectual elements of style

Intellectual elements of style
Author: Alexander Bain
Publisher:
Total Pages: 350
Release: 1887
Genre: English language
ISBN:

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