Modern Legal Scholarship

Modern Legal Scholarship PDF Author: Christine Nero Coughlin
Publisher:
ISBN: 9781531010287
Category : Academic writing
Languages : en
Pages :

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Book Description
"The purpose of this book is to get you started and guide you through the full scholarly writing process, from drafting to publishing. This book breaks down that process into understandable and manageable tasks to help you get started and complete the project. Individuals learn best when they understand the context and purpose of a project. To provide as much context as possible for the tasks ahead, and so that you understand both how and why to complete each task, this book walks you through the process of producing a range of quality scholarship both efficiently and effectively"--

Modern Legal Scholarship

Modern Legal Scholarship PDF Author: Christine Nero Coughlin
Publisher:
ISBN: 9781531010287
Category : Academic writing
Languages : en
Pages :

Get Book

Book Description
"The purpose of this book is to get you started and guide you through the full scholarly writing process, from drafting to publishing. This book breaks down that process into understandable and manageable tasks to help you get started and complete the project. Individuals learn best when they understand the context and purpose of a project. To provide as much context as possible for the tasks ahead, and so that you understand both how and why to complete each task, this book walks you through the process of producing a range of quality scholarship both efficiently and effectively"--

Modern Legal Scholarship

Modern Legal Scholarship PDF Author: Christine Nero Coughlin
Publisher: Carolina Academic Press LLC
ISBN: 9781531010270
Category : Academic writing
Languages : en
Pages : 268

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Book Description
"The purpose of this book is to get you started and guide you through the full scholarly writing process, from drafting to publishing. This book breaks down that process into understandable and manageable tasks to help you get started and complete the project. Individuals learn best when they understand the context and purpose of a project. To provide as much context as possible for the tasks ahead, and so that you understand both how and why to complete each task, this book walks you through the process of producing a range of quality scholarship both efficiently and effectively"--

Equity in Early Modern Legal Scholarship

Equity in Early Modern Legal Scholarship PDF Author: Lorenzo Maniscalco
Publisher: BRILL
ISBN: 9004404813
Category : Law
Languages : en
Pages : 253

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Book Description
Equity in Early Modern Legal Scholarship offers a comprehensive account of the development of equity by legal writers in the early modern period, unearthing a time of lively debate about its nature and function.

Rethinking Legal Scholarship

Rethinking Legal Scholarship PDF Author: Rob van Gestel
Publisher: Cambridge University Press
ISBN: 1316760502
Category : Law
Languages : en
Pages : 867

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Book Description
Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?

The Cultural Study of Law

The Cultural Study of Law PDF Author: Paul W. Kahn
Publisher: University of Chicago Press
ISBN: 9780226422558
Category : Law
Languages : en
Pages : 184

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Book Description
Drawing on philosophers from Plato to Foucault and cultural anthropologists and historians such as Clifford Geertz and Perry Miller, Kahn outlines the conceptual tools necessary for such an inquiry. He analyzes the concepts of time, space, citizen, judge, sovereignty, and theory within the culture of law's rule and goes on to consider the methodological problems entailed in stripping the study of law of its reformist ambitions.

Legal Scholarship as a Source of Law

Legal Scholarship as a Source of Law PDF Author: Fábio P. Shecaira
Publisher: Springer Science & Business Media
ISBN: 331900428X
Category : Philosophy
Languages : en
Pages : 90

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Book Description
This book is about the use of legal scholarship by judges. It discusses the possibility that legal scholarship may function as a genuine source of law in modern municipal legal systems. The book advances a number of claims, some conceptual, some empirical, some normative. The major conceptual claims are found in Chapters 2 and 3, where a general account of the notion of a source of law is provided. Roughly, sources of law are documents or practices (e.g. statutes, judicial decisions, official customs) from which norms can be derived that function as sources of content-independent reasons for judges to decide legal cases one way or another. The relevant notion of content-independence is derived (with qualifications) from H.L.A. Hart’s jurisprudence. Indeed, the book’s analysis of the concept of a source of law relies at various points on Hartian insights about law and legal reasoning. Chapter 4 argues that legal scholarship – or, more precisely, a particular type of legal scholarship that might be described as standard or doctrinal – can be, and indeed is, used as a source of law in modern legal systems. The conclusion that legal scholarship is used as a source of law (and thus as a source of content-independent reasons for action) may come as a surprise to those who associate judicial recourse to legal scholarship with judicial activism. This association is discussed and criticized in Chapters 5 and 6. It is argued that, in spite of a relatively common opinion to the contrary, legal scholarship can be used to mitigate discretion. In fact, it is precisely because it can be used in this way that judges sometimes refer to scholarship deceptively and suggest that it limits discretion in situations in which it really does not. The concluding chapter addresses potential objections not explicitly discussed in earlier chapters.​

Legal Doctrinal Scholarship

Legal Doctrinal Scholarship PDF Author: Bódig, Mátyás
Publisher: Edward Elgar Publishing
ISBN: 178811406X
Category : Law
Languages : en
Pages : 288

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Book Description
Providing a comprehensive account of the often-misunderstood area of legal doctrinal scholarship, this incisive book offers a novel framing for conceptual legal theory and the functions of conceptual theorising in legal studies. It explores the ways in which a doctrinally oriented legal theory may provide methodological support to legal scholars, arguing that making adequate sense of the rational reconstruction of law is pivotal in delivering such active support.

Understanding the Sources of Early Modern and Modern Commercial Law

Understanding the Sources of Early Modern and Modern Commercial Law PDF Author:
Publisher: BRILL
ISBN: 9004363149
Category : Law
Languages : en
Pages : 417

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Book Description
The contributions of Understanding the Sources of Early Modern and Modern Commercial Law show an excellent assemblage of sources which historians of commercial law use. Besides normative sources, others are often needed to complement them.

Postmodern Legal Movements

Postmodern Legal Movements PDF Author: Gary Minda
Publisher: NYU Press
ISBN: 0814761011
Category : Law
Languages : en
Pages : 362

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Book Description
What do Catharine MacKinnon, the legacy of Brown v. Board of Education, and Lani Guinier have in common? All have, in recent years, become flashpoints for different approaches to legal reform. In the last quarter century, the study and practice of law have been profoundly influenced by a number of powerful new movements; academics and activists alike are rethinking the interaction between law and society, focusing more on the tangible effects of law on human lives than on its procedural elements. In this wide-ranging and comprehensive volume, Gary Minda surveys the current state of legal scholarship and activism, providing an indispensable guide to the evolution of law in America.

Law and Objectivity

Law and Objectivity PDF Author: Kent Greenawalt
Publisher: Oxford University Press
ISBN: 0195356926
Category : Philosophy
Languages : en
Pages : 301

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Book Description
In modern times the idea of the objectivity of law has been undermined by skepticism about legal institutions, disbelief in ideals of unbiased evaluation, and a conviction that language is indeterminate. Greenawalt here considers the validity of such skepticism, examining such questions as: whether the law as it exists provides determinate answers to legal problems; whether the law should treat people in an "objective way," according to abstract rules, general categories, and external consequences; and how far the law is anchored in something external to itself, such as social morality, political justice, or economic efficiency. In the process he illuminates the development of jurisprudence in the English-speaking world over the last fifty years, assessing the contributions of many important movements.