The book re-orients jurisprudence and develops an empirically informed theory of law that applies throughout history and across different societies.
This book articulates an empirically grounded theory of law applicable throughout history and across different societies. Unlike natural law theory or analytical jurisprudence, which are narrow, abstract, ahistorical, and detached from society, Tamanaha's theory presents a holistic vision of law within society, evolving in connection with social, cultural, economic, political, ecological, and technological factors. He revives a largely forgotten theoretical perspective on law that runs from Montesquieu through the legal realists to the present. This book explains why the classic question 'what is law?' has never been resolved, and casts doubt on theorists' claims about necessary and universal truths about law. This book develops a theory of law as a social institution with varying forms and functions, tracing law from hunter-gatherer societies to the modern state and beyond. Tamanaha's theory accounts for social influences on law, legal influences on society, law and domination, multifunctional governmental uses of law, legal pluralism, international law, and other legal aspects largely overlooked in jurisprudence.
This book articulates an empirically grounded theory of law applicable throughout history and across different societies. Unlike natural law theory or analytical jurisprudence, which are narrow, abstract, ahistorical, and detached from society, Tamanaha's theory presents a holistic vision of law within society, evolving in connection with social, cultural, economic, political, ecological, and technological factors. He revives a largely forgotten theoretical perspective on law that runs from Montesquieu through the legal realists to the present. This book explains why the classic question 'what is law?' has never been resolved, and casts doubt on theorists' claims about necessary and universal truths about law. This book develops a theory of law as a social institution with varying forms and functions, tracing law from hunter-gatherer societies to the modern state and beyond. Tamanaha's theory accounts for social influences on law, legal influences on society, law and domination, multifunctional governmental uses of law, legal pluralism, international law, and other legal aspects largely overlooked in jurisprudence.
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 and concise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.
As the theoretical alignments within academia shift, this book introduces a surprising variety of realism to abolish the old positivist-theory dichotomy that has haunted Art History. Demanding frankly the referential detachment of the objects under study, the book proposes a stratified, multi-causal account of art history that addresses postmodern concerns while saving it from its errors of self-refutation. Building from the very basic distinction between intransitive being and transitive knowing, objects can be affirmed as real while our knowledge of them is held to be fallible. Several focused chapters address basic problems while introducing philosophical reflection into art history. These include basic ontological distinctions between society and culture, general and “special” history, the discontinuity of cultural objects, the importance of definition for special history, scales, facets and fiat objects as forms of historical structure, the nature of evidence and proof, historical truth and controversies. Stressing Critical Realism as the stratified, multi-causal approach needed for productive research today in the academy, this book creates the subject of the ontology of art history and sets aside a theoretical space for metaphysical reflection, thus clarifying the usually muddy distinction between theory, methodology, and historiography in art history.
The rule of law is a valuable human achievement. It is valuable not only instrumentally, but also for its own sake as a significant aspect of social justice. Only in a society that enjoys the rule of law is it possible for people to regard one another as fellow free citizens; no one the master of anyone else. Nevertheless, the rule of law is poorly understood. In this book, Frank Lovett develops a rigorous conception of the rule of law that is grounded in legal positivism, and offers a civic republican argument for its value in terms of freedom from domination. Bridging persistent methodological gaps that divide legal philosophy, social science, and political theory, Lovett demonstrates how insights from all three can be united in a single powerful theory. This book will appeal to anyone interested in the rule of law, including scholars, legal officials, and policy-makers.
First Published in 2008. Routledge is an imprint of Taylor & Francis, an informa company.
This volume examines Rawls's theory of international justice as worked out in his controversial last book, The Law of Peoples.
Written with students in mind, Professor Raymond Wacks brings legal theory to life through his lucid and entertaining style. The author has crafted a manageable guide, balancing concise introductions to the key theorists and core issues such as punishment and rights without ignoring thesubtleties of the subject. Seminal quotes from leading scholars are included to help students recognise the impact of their work, while extensive further reading suggestions at the end of each chapter invite students to explore the broad range of literature available on central topics. Each chapter concludes with a series ofcritical questions designed to encourage reader to think analytically about the law and the key debates which surround it. This book is accompanied by online resources which includes multiple-choice questions with instant feedback to give students the chance to test their understanding.
A theoretical and sociological exploration of the relationship between law and society, this book constructs an approach to law that integrates legal theory with sociological approaches to law. Law is generally understood to be a mirror of society--a reflection of its customs and morals--that functions to maintain social order. Focusing on this common understanding, the book conducts a survey of Western legal and social theories about law and its relationship within society, engaging in a theoretical and empirical critique of this common understanding.
Kelsen, Hans. Pure Theory of Law. Translation from the Second German Edition by Max Knight. Berkeley: University of California Press, 1967. x, 356 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-578-5. Paperbound. $36.95 * Second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College.Also available in cloth.
Taking up a single question - 'What does it mean to say that a proposition of law is true?' - this book advances a major new account of truth in law. Drawing upon the later philosophy of Wittgenstein, as well as more recent postmodern theory of the relationship between language, meaning, and the world, Patterson examines leading contemporary jurisprudential approaches to this question and finds them flawed in similar and previously unnoticed ways. Despite surface differences, the most widely discussed accounts of legal meaning - from moral realism to interpretivism - each commit themselves, Patterson argues, to a defective notion of reference in accounting for the truth of legal propositions. Tracing this common truth-conditional perspective - wherein propositions of law are true in virtue of some condition, be it a moral essence, a social fact, or communal agreement - to its source in modernism, Patterson develops an alternative (postmodern) account of legal justification, one in which linguistic practice - the use of forms of legal argument - holds the key to legal meaning.
First published in 1973, Karl Llewellyn and the Realist Movement is a classic account of American Legal Realism and its leading figure. Karl Llewellyn is the best known and most substantial jurist of the group of lawyers known as the American Realists. He made important contributions to legal theory, legal sociology, commercial law, contract law, civil liberties and legal education. This intellectual biography sets Llewellyn in the broad context of the rise of the American Realist Movement and contains an overview of his life before focusing on his most important works, including The Cheyenne Way, The Bramble Bush, The Common Law Tradition and the Uniform Commercial Code. In this second edition the original text is supplemented with a preface by Frederick Schauer and an afterword in which William Twining gives a fascinating account of the making of the book and comments on developments in relevant legal scholarship over the past forty years.
This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.
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.
In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.
This work consists of two parts: The Idea of Public Reason Revisited and The Law of Peoples. Taken together, they are the culmination of more than 50 years of reflection on liberalism and on some pressing problems of our times. Originally published: 1999.
This book presents a clear and critical view of the orthodox logical empiricist tradition, pointing the way to significant developments for the understanding of science both as research and as culture. It summarizes the present confused and highly polarized status of the orthodox philosophy of science. It exhibits clearly the fundamental metaphysical and global presuppositions and confusions that have led to this status. It provides a positive point of view from which progress can be made toward understanding science as research done by real scientists rather than science as exemplifying some prior epistemological program created by philosophers. And it leads directly to an understanding of science as a dynamic force within our society with consequences for the environment and public policy.
Bringing together leading theorists, researchers and policy makers with expertise in using realist methods, this book is a definitive guide to putting realist methodologies into practice. Not just an overview of the field, this book looks to extend current debates and apply realist methods to new and practical challenges in social research. Featuring practical, worked examples of how to turn theory into evidence, it empowers readers not just to understand realist methods, but to use them. It will help readers: - Negotiate the complexity of relational systems - Understand the importance and relevance of cumulative theory - Address concerns over data sources and quality - Be flexible and creative in realist approaches - Produce useful evidence for policy. Sophisticated and globally minded, this book is the perfect addition to the ongoing development and application of realist methods across evaluation, synthesis, and social research.
'Machiavelli has a new rival, and Sun-tzu had better watch his back' - New York Times Robert Greene's laws are now famous: Law 1: Never outshine the master. Law 2: Never put too much trust in friends; learn how to use enemies. Law 3: Conceal your intentions. Law 4: Always say less than necessary. At work, in relationships, on the street or on the 6 o'clock News: the 48 Laws apply everywhere. For anyone with an interest in conquest, self-defence, wealth, power or simply being an educated spectator, The 48 Laws of Power is one of the most useful and entertaining books ever; it 'teaches you how to cheat, dissemble, feign, fight and advance your cause in the modern world.' (Independent on Sunday). Robert Greene will teach you the distilled wisdom of the masters - illustrated through the tactics, triumphs and failures from Elizabeth I to Henry Kissinger on how to get to the top and stay there. Wry, ironic and clever, this is an indispensable and witty guide to power. The perfect gift book for the power-hungry (and who doesn't want power?); this is the Concise Edition of an international bestseller. From the internationally bestselling author of Mastery, The Art Of Seduction, and The 33 Strategies Of War.

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