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The book re-orients jurisprudence and develops an empirically informed theory of law that applies throughout history and across different societies.
The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
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.
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).
In The Atlantic Realists, intellectual historian Matthew Specter offers a boldly revisionist interpretation of "realism," a prevalent stance in post-WWII US foreign policy and public discourse and the dominant international relations theory during the Cold War. Challenging the common view of realism as a set of universally binding truths about international affairs, Specter argues that its major features emerged from a century-long dialogue between American and German intellectuals beginning in the late nineteenth century. Specter uncovers an "Atlantic realist" tradition of reflection on the prerogatives of empire and the nature of power politics conditioned by fin de siècle imperial competition, two world wars, the Holocaust, and the Cold War. Focusing on key figures in the evolution of realist thought, including Carl Schmitt, Hans Morgenthau, and Wilhelm Grewe, this book traces the development of the realist worldview over a century, dismantling myths about the national interest, Realpolitik, and the "art" of statesmanship.
The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.
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This volume examines Rawls's theory of international justice as worked out in his controversial last book, The Law of Peoples.
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.