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| Author | : Brian Z. Tamanaha |
| Publisher | : Cambridge University Press |
| Total Pages | : 211 |
| Release | : 2017-04-24 |
| Genre | : Law |
| ISBN | : 1107188423 |
The book re-orients jurisprudence and develops an empirically informed theory of law that applies throughout history and across different societies.
| Author | : Brian Z. Tamanaha |
| Publisher | : Oxford University Press |
| Total Pages | : 304 |
| Release | : 1997 |
| Genre | : Law |
| ISBN | : 9780198265603 |
Combining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area.Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear andconcise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.
| Author | : Torben Spaak |
| Publisher | : Cambridge University Press |
| Total Pages | : 807 |
| Release | : 2021-02-04 |
| Genre | : Law |
| ISBN | : 1108427677 |
The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
| Author | : Karl Nickerson Llewellyn |
| Publisher | : |
| Total Pages | : 531 |
| Release | : 1971 |
| Genre | : |
| ISBN | : |
| Author | : Brian Z. Tamanaha |
| Publisher | : |
| Total Pages | : 0 |
| Release | : |
| Genre | : |
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| Author | : Pierluigi Chiassoni |
| Publisher | : Springer |
| Total Pages | : 279 |
| Release | : 2019-06-12 |
| Genre | : Law |
| ISBN | : 3030155900 |
This book engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter 2 presents a conceptual apparatus concerning the phenomenon of legal interpretation, which it subsequently applies to investigate the truth-in-legal-interpretation issue. Chapters 3 to 6 argue for a theory of legal interpretation - pragmatic realism - by outlining a theory of interpretive games, revisiting the debate between literalism and contextualism in contemporary philosophy of language, and underscoring the many shortcomings of the container-retrieval view and pragmatic formalism. In turn, Chapter 7, focusing on comparative legal theory, advocates an interpretation-sensitive theory of legal gaps, as opposed to purely normativist ones. Chapter 8 explores the connection between judicial reasoning and judicial fictions, casting light on the structure and purpose of fictional reasoning. Chapter 9 provides an analytical enquiry into judicial precedent, examining a variety of ideal-typical systems in terms of their normative or de iure relevance. Chapter 10 addresses defeasibility and legal indeterminacy. In closing, Chapter 11 highlights the central tenets of a realistic theory of legislation.
| Author | : Alf Ross |
| Publisher | : The Lawbook Exchange, Ltd. |
| Total Pages | : 396 |
| Release | : 2004 |
| Genre | : Jurisprudence |
| ISBN | : 1584774886 |
Ross, Alf. On Law and Justice. Berkeley: University of California Press, 1959. xi, 383 pp. Reprint available December 2004 by the Lawbook Exchange, Ltd. ISBN 1-58477-488-6. Cloth. $90. * In this influential and oft-cited study Ross discounted the theories of natural law, positivism and legal realism. In their stead, he proposed the abandonment of "ought-propositions" for the "is-propositions" employed by other empirical sciences, thereby envisioning lawyers that serve merely as "rational technologists." Less bound by tradition, and traditional notions of justice, jurisprudence then becomes "not only a beautiful mental activity per se, but also an instrument which may benefit any lawyer who wants to understand what he is doing and why" (Preface).
| Author | : Karl Llewellyn |
| Publisher | : Routledge |
| Total Pages | : 549 |
| Release | : 2017-09-04 |
| Genre | : Law |
| ISBN | : 1351510398 |
Jurisprudence: Realism in Theory and Practice compiles many of Llewellyn's most important writings. For his time, the thirties through the fifties, Llewellyn offered fresh approaches to the study of law and society. Although these writings might not seem innovative today, because they have become widely applied in the contemporary world, they remain a testament to his. The ideas he advanced many decades ago have now become commonplace among contemporary jurisprudence scholars as well as social scientists studying law and legal issues.Legal realism, the ground of Llewellyn's theory, attempts to contextualize the practice of law. Its proponents argue that a host of extra-legal factors--social, cultural, historical, and psychological, to name a few--are at least as important in determining legal outcomes as are the rules and principles by which the legal system operates. Oliver Wendell Holmes, Jr., book, The Common Law, is regarded as the founder of legal realism. Holmes stated that in order to truly understand the workings of law, one must go beyond technical (or logical) elements entailing rules and procedures. The life of the law is not only that which is embodied in statutes and court decisions guided by procedural law. Law is just as much about experience: about flesh-and-blood human beings doings things together and making decisions.Llewellyn's version of legal realism was heavily influenced by Pound and Holmes. The distinction between ""law in books"" and ""law in action"" is an acknowledgement of the gap that exists between law as embodied in criminal, civil, and administrative code books, and law. A fully formed legal realism insists on studying the behavior of legal practitioners, including their practices, habits, and techniques of action as well as decision-making about others. This classic studyis a foremosthistorical work on legal theory, and is essential for understanding the roots of this influential perspective.
| Author | : Karl N. Llewellyn |
| Publisher | : University of Chicago Press |
| Total Pages | : 168 |
| Release | : 2011-05-01 |
| Genre | : Law |
| ISBN | : 0226487970 |
Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn’s thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are “pretty playthings.” Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules. This book frames the development of Llewellyn’s thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law’s larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn’s writings and will prove a valuable contribution to the existing literature on legal realism.
| Author | : Brian Z. Tamanaha |
| Publisher | : Oxford Socio-Legal Studies |
| Total Pages | : 298 |
| Release | : 2001 |
| Genre | : Law |
| ISBN | : 9780199244669 |
Law is generally understood to be a mirror of society that functions to maintain social order. Focusing on this general understanding, this text conducts a survey of Western legal and social theories about law and its relationship within society.
