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Allan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers.
PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.
Understanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized? This novel book explains the importance of
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.
What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.
This book reconstructs and classifies, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether and how law relates to politics. It presents a possible explanation as to why different legal theories, though often reaching diametric results, somehow must still begin from common basic points.
In recent years there has been a significant growth in interest of the so-called “law in context” extending legal studies beyond black letter law. This book looks at the relationship between statute law and legal practice. It examines how law is applied in reality and more precisely how law is perceived by the general public in contrast to the legal profession. The authors look at a number of themes that are central to examining ways in which myths about law are formed, and how there is inevitably a constitutive power aspect to this myth making. At the same time they explore to what extent law itself creates and sustains myths. The book will be of general interest to a number of different disciplines such as legal theory, general law, criminology and sociology.
So what does legal theory have to do with life, the universe, and everything -- including the everyday practices of the law? LEGAL THEORIES: CONTEXTS AND PRACTICES shows how the seemingly remote world of legal theory, philosophy and jurisprudence is actually used in the day-to-day experience of law in all its forms. The book considers how basic legal concepts, such as tort and contract law, are grounded in social and political theory, and how the different legal outcomes will result from the use of theories of varying types and dimensions. This new book reinforces Marett Leiboff and Mark Thomas' reputation as innovators and popularises of legal theory as an active practice of law. Drawing on the historical, legal and social conditions in which various legal theories emerged, this book examines how they influenced and continue to influence the practices of law. Diagrams, illustrations, tables, charts and now photographs are used to explain and uncover the ideas behind legal theory and its uses in practice, and an historical and contextual timeline tracks the contexts and practices of the theories across generations. In doing so, LEGAL THEORIES: CONTEXTS AND PRACTICES provides a new and original exploration of legal theory and its relationship with society and practice. Leiboff and Thomas tell legal theory as a story, through a dispute in 17th century England between a king and a judge. Their explorations of legal theory encompass real, decided case law -- and Monty Python, Harry Potter and stories and ideas drawn from popular culture, psychology, and contemporary life. This book makes for an entertaining, lively, and engaging read, despite its serious purpose. LEGAL THEORIES: CONTEXTS AND PRACTICES is highly suitable for anyone engaging in legal theory, legal philosophy, and jurisprudence -- it is invaluable reading for scholars and practitioners alike.