Legal Theory and Legal History

Legal Theory and Legal History PDF Author: Alfred William Brian Simpson
Publisher: A&C Black
ISBN: 9780907628835
Category : Law
Languages : en
Pages : 458

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Book Description

Legal Theory and Legal History

Legal Theory and Legal History PDF Author: Alfred William Brian Simpson
Publisher: A&C Black
ISBN: 9780907628835
Category : Law
Languages : en
Pages : 458

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Book Description


Natural Law in Court

Natural Law in Court PDF Author: R. H. Helmholz
Publisher: Harvard University Press
ISBN: 0674504615
Category : Law
Languages : en
Pages : 246

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Book Description
Natural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.

Western Legal Theory

Western Legal Theory PDF Author: Augusto Zimmermann
Publisher:
ISBN: 9780409333183
Category : Jurisprudence
Languages : en
Pages : 0

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Book Description
Western Legal Theory: History, Concepts and Perspectives enable readers to gain a holistic appreciation of the law by presenting a broad collection of ideas concerning the nature of law. The author draws from a number of social disciplines to provide a rounded sense of what law really is and how it should work in society. The text discusses a wide range of theories and theorists, and also traces the historical developments of Western legal thought from ancient times to the present day. With a focus on the historical and contemporary role of philosophy in the interpretation of law, Western Legal Theory: History, Concepts and Perspectives provide a fascinating insight into the development of law and a comprehensive analysis of current legal thought. It is ideal for students of legal theory and jurisprudence, legal history, political philosophy, and legal practitioners and general readers interested in the theories underpinning our legal institutions and framework.

Legal Theory and Legal History

Legal Theory and Legal History PDF Author: Maksymilian Del Mar
Publisher: Routledge
ISBN: 9781409452218
Category : Jurisprudence
Languages : en
Pages : 0

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Book Description
The papers selected for this volume explore issues in the study of historical jurisprudence. The topics range from the challenge to legal positivism from the perspective of the history of the common law, to the latest methodological debates in socio-historical jurisprudence. Taken together, these papers show historical jurisprudence to be a creative discipline capable of yielding insights about how to conceptualise legal change, how to give voice to those operating outside of legal officialdom and how to understand the relationship between law and politics.

Interpretations of Legal History

Interpretations of Legal History PDF Author: Roscoe Pound
Publisher: Cambridge University Press
ISBN: 1107698197
Category : Law
Languages : en
Pages : 193

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Book Description
Originally published in 1923, this book presents a critical history of juristic thought as it developed in England and other countries.

Republican Legal Theory

Republican Legal Theory PDF Author: M. Sellers
Publisher: Springer
ISBN: 0230513409
Category : Political Science
Languages : en
Pages : 200

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Book Description
Republican legal theory developed out of the jurisprudential and constitutional legacy of the Roman res publica as interpreted over two millennia in Europe and North America. In this book - the most comprehensive study of republican legal ideas to date - Professor Sellers traces the development of republican legal theory. Explaining the importance of popular sovereignty, the rule of law, the separation of powers and other essential republican legal characteristics, he argues that these republican institutions have introduced a new era of justice into politics.

Global Legal History

Global Legal History PDF Author: Joshua C. Tate
Publisher: Routledge
ISBN: 1351068466
Category : History
Languages : en
Pages : 212

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Book Description
This collection brings together a group of international legal historians to further scholarship in different areas of comparative and regional legal history. Authors are drawn from Europe, Asia, and the Americas to produce new insights into the relationship between law and society across time and space. The book is divided into three parts: legal history and legal culture across borders, constitutional experiences in global perspective, and the history of judicial experiences. The three themes, and the chapters corresponding to each, provide a balance between public law and private law topics, and reflect a variety of methodologies, both empirical and theoretical. The volume highlights the gains that may be made by comparing the development of law in different countries and different time periods. The book will be of interest to an international readership in Legal History, Comparative Law, Law and Society, and History.

Theory of Legal Evidence - Evidence in Legal Theory

Theory of Legal Evidence - Evidence in Legal Theory PDF Author: Verena Klappstein
Publisher: Springer Nature
ISBN: 3030838412
Category : Law
Languages : en
Pages : 274

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Book Description
This book addresses theoretical problems concerning legal evidence. The concept of evidence is expected to fulfill a number of distinct roles in science and philosophy, but also in legal theory and law, some of which are complementary, while others are conflicting. In their profession, lawyers have to deal with evidence and proof. Yet the legal concept of evidence is constantly changing, and the debate concerning the distinction between a legal concept of evidence, the ordinary concept of evidence and the concept of evidence in science is far from being settled. What is more, the problem of evidence is central to both epistemology and the philosophy of science, and by extension to our academic thinking on law. In short, legal theorists’ interest in evidence may include such diverse objects as a bloody knife, sensory data, linguistic entities or psychologically recognized beliefs. The book surveys selected theoretical roles that the concept of evidence plays and explores their relations and interconnections. The content is divided into three parts, investigating: (1) evidence in epistemology and the philosophy of science, which focuses on evidence methodologies and the problem of proof in legal scholarship; (2) evidence in legal theory and legal philosophy, where particular attention is paid to the interplay between evidence, legal reasoning and the binding force of such reasoning; and (3) evidence in law, where theoretical problems pertaining to witnesses, expert opinions, explanations of the accused, statistical evidence and neuroscientific evidence are examined.

Law in Theory and History

Law in Theory and History PDF Author: Maksymilian Del Mar
Publisher:
ISBN: 9781509903856
Category : Law
Languages : en
Pages : 348

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Book Description
"This collection of original essays brings together leading legal historians and theorists to explore the oft-neglected but important relationship between these two disciplines. Legal historians have often been sceptical of theory. The methodology which informs their own work is often said to be an empirical one, of gathering information from the archives and presenting it in a narrative form. The narrative produced by history is often said to be provisional, insofar as further research in the archives might falsify present understandings and demand revisions. On the other side, legal theorists are often dismissive of historical works. History itself seems to many theorists not to offer any jurisprudential insights of use for their projects: at best, history is a repository of data and examples, which may be drawn on by the theorist for her own purposes. The aim of this collection is to invite participants from both sides to ask what lessons legal history can bring to legal theory, and what legal theory can bring to history. What is the theorist to do with the empirical data generated by archival research? What theories should drive the historical enterprise, and what wider lessons can be learned from it? This collection brings together a number of major theorists and legal historians to debate these ideas."--Résumé de l'éditeur.

Comparative Legal History

Comparative Legal History PDF Author: Olivier Moréteau
Publisher: Edward Elgar Publishing
ISBN: 1781955220
Category : Law
Languages : en
Pages : 512

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Book Description
The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.