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Author: Robert S. Summers
Publisher: Routledge
ISBN: 1351792083
Category : Law
Languages : en
Pages : 326
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Book Description
This title was first published in 2000: Robert S. Summers is a distinguished legal theorist whose work has had significant influence in Europe as well as the United States. The study of form and substance in law, the theme of this collection, marks many of his most distinctive contributions to law and legal philosophy over four decades.
Author: Robert S. Summers
Publisher: Routledge
ISBN: 1351792083
Category : Law
Languages : en
Pages : 326
Get Book
Book Description
This title was first published in 2000: Robert S. Summers is a distinguished legal theorist whose work has had significant influence in Europe as well as the United States. The study of form and substance in law, the theme of this collection, marks many of his most distinctive contributions to law and legal philosophy over four decades.
Author: P. S. Atiyah
Publisher: Oxford University Press
ISBN: 0198257341
Category : Law
Languages : en
Pages : 462
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Book Description
This book has a comparatively original theme, or set of themes. It offers, first, a new way of analysing styles of legal reasoning - between more 'formal' and more 'substantive' styles. This analysis, which is worked out in some detail, is a major contribution to jurisprudence in its ownright. The book then goes on to demonstrate in detail the differences in legal reasoning - and in the legal systems as a whole - between England and America, suggesting that the English is a much more 'formal' legal system and the American a more 'substantive' one. Thirdly, the book proceeds toexplore in detail a wide range of cultural, institutional, and historical factors relating to the two legal systems, an exploration which is not only of value for comparative studies, but also confirms the argument in the first part of the book as to the relative 'formality' of the two legalsystems.
Author: American Bar Association. Special Committee on Standards of Judicial Conduct
Publisher:
ISBN:
Category :
Languages : en
Pages : 437
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Book Description
Author: Andrew Robertson
Publisher: Bloomsbury Publishing
ISBN: 1509929479
Category : Law
Languages : en
Pages : 504
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Book Description
This volume explores the relationship between form and substance in the law of obligations. It builds on the rich tradition of legal thought that deploys the concepts of form and substance to inform our understanding of the common law. The essays in this collection offer multiple conceptions of form and substance and cover an array of private law subjects, scholarly approaches and jurisdictions. The collection makes it clear that the interplay between form and substance is a key element of the dynamism that characterises this area of the law.
Author: Gerald J. Postema
Publisher: Springer Science & Business Media
ISBN: 9048189608
Category : Philosophy
Languages : en
Pages : 618
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Book Description
Volume 11, the sixth of the historical volumes of A Treatise of Legal Philosophy and General Jurisprudence, offers a fresh, philosophically engaged, critical interpretation of the main currents of jurisprudential thought in the English-speaking world of the 20th century. It tells the tale of two lectures and their legacies: Oliver Wendell Holmes, Jr.’s “The Path of Law” (1897) and H.L.A. Hart’s Holmes Lecture, “Positivism and the Separation of Law and Morals” (1958). Holmes’s radical challenge to late 19th century legal science gave birth to a rich variety of competing approaches to understanding law and legal reasoning from realism to economic jurisprudence to legal pragmatism, from recovery of key elements of common law jurisprudence and rule of law doctrine in the work of Llewellyn, Fuller and Hayek to root-and-branch attacks on the ideology of law by the Critical Legal Studies and Feminist movements. Hart, simultaneously building upon and transforming the undations of Austinian analytic jurisprudence laid in the early 20th century, introduced rigorous philosophical method to English-speaking jurisprudence and offered a reinterpretation of legal positivism which set the agenda for analytic legal philosophy to the end of the century and beyond. A wide-ranging debate over the role of moral principles in legal reasoning, sparked by Dworkin’s fundamental challenge to Hart’s theory, generated competing interpretations of and fundamental challenges to core doctrines of Hart’s positivism, including the nature and role of conventions at the foundations of law and the methodology of philosophical jurisprudence.
Author: Raimo Siltala
Publisher: Springer Science & Business Media
ISBN: 9789400718722
Category : Law
Languages : en
Pages : 290
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Book Description
This book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wróblewski ́s three ideologies (bound/free/legal and rational) and Makkonen ́s three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth serving as a reference, the frames of legal analysis include the isomorphic theory of law (Wittgenstein, Makkonen), the coherence theory of law (Alexy, Peczenik, Dworkin), the new rhetoric and legal argumentation theory (Perelman, Aarnio), social consequentialism (Posner), natural law theory (Fuller, Finnis), and the sequential model of legal reasoning by Neil MacCormick and the Bielefelder Kreis. At the end, some key issues of legal metaphysics are addressed, like the notion of legal systematics and the future potential of the analytical approach in jurisprudence.
Author: Humberto Avila
Publisher: Springer Science & Business Media
ISBN: 1402058799
Category : Law
Languages : en
Pages : 154
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Book Description
This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.
Author: Jason Rudall
Publisher: Cambridge University Press
ISBN: 1108871860
Category : Law
Languages : en
Pages : 287
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Book Description
Much emphasis has been placed on the role that individualism, self-interest and reciprocity have in the formation and function of international legal rules. Rarely has attention been given to the presence of altruism in legal systems, let alone the international legal system. In a study that is the first of its kind in international legal scholarship, Altruism in International Law explores and analyses the emergence of altruistic legal relationships between states and people in other countries. The book also argues that the impulse for the emergence of these relationships is a cosmopolitan ideology, which co-exists with a persisting statist ideology, among the major actors in international law-making processes. Further still, the book reveals that individualistic legal norms are more often manifested as strict rules while altruistic legal norms find expression in flexible standards. This suggests that there is a connection between substance and form in international law.
Author: Assaf Likhovski
Publisher: Univ of North Carolina Press
ISBN: 0807830178
Category : Law
Languages : en
Pages : 327
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Book Description
One of the major questions facing the world today is the role of law in shaping identity and in balancing tradition with modernity. In an arid corner of the Mediterranean region in the first decades of the twentieth century, Mandate Palestine was confront
Author: Aharon Barak
Publisher: Princeton University Press
ISBN: 1400841267
Category : Law
Languages : en
Pages : 444
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Book Description
This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach--purposive interpretation--allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. Moreover, regardless of whether purposive interpretation amounts to a unifying theory, it would still be superior to other methods of interpretation in tackling each kind of text separately. Barak explains purposive interpretation as follows: All legal interpretation must start by establishing a range of semantic meanings for a given text, from which the legal meaning is then drawn. In purposive interpretation, the text's "purpose" is the criterion for establishing which of the semantic meanings yields the legal meaning. Establishing the ultimate purpose--and thus the legal meaning--depends on the relationship between the subjective and objective purposes; that is, between the original intent of the text's author and the intent of a reasonable author and of the legal system at the time of interpretation. This is easy to establish when the subjective and objective purposes coincide. But when they don't, the relative weight given to each purpose depends on the nature of the text. For example, subjective purpose is given substantial weight in interpreting a will; objective purpose, in interpreting a constitution. Barak develops this theory with masterful scholarship and close attention to its practical application. Throughout, he contrasts his approach with that of textualists and neotextualists such as Antonin Scalia, pragmatists such as Richard Posner, and legal philosophers such as Ronald Dworkin. This book represents a profoundly important contribution to legal scholarship and a major alternative to interpretive approaches advanced by other leading figures in the judicial world.
