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Roscoe Pound, former dean of Harvard Law School, delivered a series of lectures at the University of Calcutta in 1948. In these lectures, he criticized virtually every modern mode of interpreting the law because he believed the administration of justice had lost its grounding and recourse to enduring ideals. Now published in the U.S. for the first time, Pound's lectures are collected in Liberty Fund's The Ideal Element in Law, Pound's most important contribution to the relationship between law and liberty. The Ideal Element in Law was a radical book for its time and is just as meaningful today as when Pound's lectures were first delivered. Pound's view of the welfare state as a means of expanding government power over the individual speaks to the front-page issues of the new millennium as clearly as it did to America in the mid-twentieth century. Pound argues that the theme of justice grounded in enduring ideals is critical for America. He views American courts as relying on sociological theories, political ends, or other objectives, and in so doing, divorcing the practice of law from the rule of law and the rule of law from the enduring ideal of law itself. Roscoe Pound is universally recognized as one of the most important legal minds of the early twentieth century. Considered by many to be the dean of American jurisprudence, Pound was a former Justice of the Supreme Court of Nebraska and served as dean of Harvard Law School from 1916 to 1936. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.
This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.
Why is the number seven lucky--even holy--in almost every culture? Why do we speak of the four corners of the earth? Why do cats have nine lives (except in Iran, where they have seven)? From literature to folklore to private superstitions, numbers play a conspicuous role in our daily lives. But in this fascinating book, Annemarie Schimmel shows that numbers have been filled with mystery and meaning since the earliest times, and across every society. In The Mystery of Numbers Annemarie Schimmel conducts an illuminating tour of the mysteries attributed to numbers over the centuries. She begins with an informative and often surprising introduction to the origins of number systems: pre-Roman Europeans, for example, may have had one based on twenty, not ten (as suggested by the English word "score" and the French word for 80, quatrevingt --four times twenty), while the Mayans had a system more sophisticated than our own. Schimmel also reveals how our fascination with numbers has led to a rich cross-fertilization of mathematical knowledge: "Arabic" numerals, for instance, were picked up by Europe from the Arabs, who had earlier adopted them from Indian sources ("Algorithm" and "algebra" are corruptions of the Arabic author and title names of a mathematical text prized in medieval Europe). But the heart of the book is an engrossing guide to the symbolism of numbers. Number symbolism, she shows, has deep roots in Western culture, from the philosophy of the Pythagoreans and Platonists, to the religious mysticism of the Cabala and the Islamic Brethren of Purity, to Kepler's belief that the laws of planetary motion should be mathematically elegant, to the unlucky thirteen. After exploring the sources of number symbolism, Schimmel examines individual numbers ranging from one to ten thousand, discussing the meanings they have had for Judaic, Christian, and Islamic traditions, with examples from Indian, Chinese, and Native American cultures as well. Two, for instance, has widely been seen as a number of contradiction and polarity, a number of discord and antithesis. And six, according to ancient and neo-platonic thinking, is the most perfect number because it is both the sum and the product of its parts (1+2+3=6 and 1x2x3=6). Using examples ranging from the Bible to the Mayans to Shakespeare, she shows how numbers have been considered feminine and masculine, holy and evil, lucky and unlucky. A highly respected scholar of Islamic culture, Annemarie Schimmel draws on her vast knowledge to paint a rich, cross-cultural portrait of the many meanings of numbers. Engaging and accessible, her account uncovers the roots of a phenomenon we all feel every Friday the thirteenth.
In the second edition of this highly regarded text, the authors show how and why traditional legal language has developed the peculiar characteristics that make legal documents inaccessible to the end users. Incorporating recent research and case law, the book provides a critical examination of case law and the rules of interpretation. Detailed case studies illustrate how obtuse or outdated words, phrases and concepts can be rewritten, reworked or removed altogether. Particularly useful is the step-by-step guide to drafting in the modern style, using examples from four types of common legal documents: leases, company constitutions, wills and conveyances. Readers will gain an appreciation of the historical influences on drafting practice and the use of legal terminology. They will learn about the current moves to reform legal language, and receive clear instruction on how to make their writing clearer and their legal documents more useful.
The book series, “Child Maltreatment: Contemporary Issues in Research and Policy.” will consist of a state of the art handbook (to be revised every five years) and two to three volumes per year. The first volume in this series is a legacy to C. Henry Kempe. This is a timely publication because 2012 marks 50 years after the appearance of the foundational article by C. Henry Kempe and his colleagues, “The Battered-Child Syndrome.” This volume capitalizes on this 50 year anniversary to stand back and assess the field from the perspective that Dr. Kempe’s early contributions and ideas are still being played out in practice and policy today. The volume will be released at the next ISPCAN meeting, also in 2012.
With contributions from world-class specialists this first book-length work looks at translation issues in forensic linguistics, where accuracy and cultural understandings play a prominent part in the legal process.
The massacre at Mountain Meadows on September 11, 1857, was the single most violent attack on a wagon train in the thirty-year history of the Oregon and California trails. Yet it has been all but forgotten. Will Bagley’s Blood of the Prophets is an award-winning, riveting account of the attack on the Baker-Fancher wagon train by Mormons in the local militia and a few Paiute Indians. Based on extensive investigation of the events surrounding the murder of over 120 men, women, and children, and drawing from a wealth of primary sources, Bagley explains how the murders occurred, reveals the involvement of territorial governor Brigham Young, and explores the subsequent suppression and distortion of events related to the massacre by the Mormon Church and others.
This is the 1929 English translation of the original German text first published in 1924 and authored by one of the world’s most distinguished Christian philosophers, Dr. Karl Adam. This book is a brilliant and evocative study of the fundamental concepts of the Catholic Faith, from its tenets, its historical development and the role of the Church in world society. For many on the outside, Catholicism, according to Dr. Adam, represents a daunting and somewhat foreign confused mass of conflicting forces that has somehow survived the tests of time. Catholicism is simultaneously new yet quite old; holy yet corrupt; hierarchical yet personal; dogmatic yet utilitarian, and so on. How can someone outside the Church get a good grasp on the essence of Catholicism when it is so vast and seemingly complex? Those attempting to grasp the very heart and spirit of Catholicism should read Karl Adam’s book, which is a most elegant and concise exploration of the faith and an attempt to address these ambiguities. What are the fundamental attributes of the Catholic Church? What is the source from which it has drawn vigor and life through its two thousand years of life on earth? What are the secret sources of its incredible vitality in the world today? The author answers these and many other questions about the nature and structure of the Church. He examines the essential nature of the Catholic Church from the basic premise that it was expressly founded by Christ, traces its historical development and analyzes its actual functioning through the ages.