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This text presents cutting edge contemporary materials, as well as new chapters on Natural Law, Positivism, Gay Legal Rights and Critical Lawyering. The book offers comprehensive coverage of legal theory from traditional to current movements, including new materials on Legal Formalism, Legal Process, Latino Critical, and Queer Critical Theory. Also contains extensive readings and updated and amplified notes, questions, problems, and bibliographies.
This textbook, the first of its kind, makes it easy--and fun!--to teach an exciting new course on the "jurisprudence of sport." Unlike sports law, which treats sports as objects of regulation by ordinary legal systems, this course treats sports and games as legal systems to be studied in their own right. The book is appropriate not only for law students but also for undergraduates; it offers an introduction to legal thinking but requires no background in legal doctrine. Student-friendly and deeply comparative, the text draws examples from the world's most popular team and individual sports and games (including baseball, football, soccer, tennis, golf, gymnastics, chess, boxing, and esports) and also from less widely known competitions (competitive eating, cornhole, etc.). Chapters are organized in an intuitive sports-focused manner, covering such issues as scoring systems, penalties, league structure, player eligibility and assignment, amateurism, officiating, replay review, and cheating. The jurisprudence of sport is a fast-developing field of academic study. The authors, one of them a leading figure in the field and both professors at top law schools, maintain a high degree of analytical rigor and theoretical sophistication. Icons sprinkled throughout introduce students to fundamental concepts, some law-particular (such as rules vs. standards and prices vs. sanctions) and others from cognate disciplines (such as agency costs, the Coase Theorem, and psychological biases and heuristics). Richly filled with comments, questions, and exercises, the text facilitates a large variety of pedagogical approaches and is suitable for 2- to 4-credit courses.
Jurisprudence: Outlines, Diagrams, and Study Sheets is a collection of outlines and diagrams as an aid to the study of Jurisprudence and Legal Theory. Designed to help you get the big picture of the theories, jurists, and philosophical and historical background of the subject. Use the diagrams to see an overall picture of each subtopic before you begin reading your texts, to organize your notes, and to review and revise. Prepare for your exams by using them to test your knowledge on the details. This book covers the following topics: Introduction to Jurisprudence The Nature of Legal Theory Hobbes, Bentham, and Austin: Imperative Theory Natural Law Theory HLA Hart's The Concept of Law The Rule of Recognition Hart's Defenses Against Natural Law Theory and Fuller Raz's Theory of Law: Service Conception Practical Reason Kelsen's Theory of Law: Norms and Delicts Dworkin's Theory of Law Marxism and Marxist Legal Theory Liberalism Feminist Legal Theory Part of the Legal Yankee VisuaLaw Series, this study aid joins the others in the series on Introduction to the Common Law, Criminal Law, Con and Admin Law, Contract Law, Law of Tort, Property Law, and Commercial Law: Diagrams for Law Students. Visit www.legalyankee.com for more information.
This volume contains a collection of studies composed at different times over a long series of years. It treats of diverse topics: yet through many of them there runs a common thread, that of a comparison between the history and law of Rome and the history and law of England. The author has handled this comparison from several points of view, applying it in one essay to the growth of the Roman and British Empires, in another to the extension over the world of their respective legal systems, in another to their Constitutions, in others to their legislation, in another to an important branch of their private civil law. The topic is one profitable to a student of the history of either nation; and it has not been largely treated by any writers before Bryce, as indeed few historians touch upon the legal aspects of history. This is volume two out of two.
The dearth of materials in the English language in the somewhat complex subject matter of classical jurisprudence is addressed in this study. It highlights the uniqueness of Islamic jurisprudence as a developed system because of its exactitude in terms of meaning, province and scope. The book serves as an introductory text on the basic principles of Islamic jurisprudence for judges, lawyers, academicians, especially law lecturers, students of law specialising in Islamic law, and the general public. The contents cover: Introduction to Islamic jurisprudence; Shari'ah - Islamic law; Obligations and duties; Duties created by the Hukm (rule of law); Declaratory rule (Hukm Wad'I; Legal capacity (Ahliyyah); Haqq ; The sources of Islamic law; The primary sources; Holy Qur'an as the primary source; Ijma - consensus of opinion; The secondary sources; Istihsab - juristic equity or preference; Maslahah Mursalah or Istislah - considerations of public interest or extended analogy; Istishab - presumption of continuity; Urf - custom; Sadd al-Dhara'I; Ijtihad]; Bibliography; Index
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.