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In a series of new essays the authors attempt to answer important questions about the nature of jurisprudential thinking.
In this book, Richard A. Posner examines how judges go about making difficult decisions. Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. -- Adapted from Amazon.com summary.
Moving from the scientific revolution to the nineteenth-century rise of legal codes, Berkowitz tells the story of how lawyers and philosophers invented legal science to preserve law's claim to moral authority. The "gift" of science, however, proved bittersweet. Instead of strengthening the bond between law and justice, the subordination of law to science transformed law from an ethical order into a tool for social and economic ends.
A first comprehensive account of Adam Smith's jurisprudence demonstrates how his ideas developed out of, and in response to, Hume's theory of justice and includes the social and political thought expounded in his major writings.
This book proposes the study of norms as a method of explaining human choice and behaviour by introducing a new scientific perspective. The science of norms may here be broadly understood as a social science which includes elements from both the behavioural and legal sciences. It is given that a science of norms is not normative in the sense of prescribing what is right or wrong in various situations. Compared with legal science, sociology of law has an interest in the operational side of legal rules and regulation. This book develops a synthesizing social science approach to better understand societal development in the wake of the increasingly significant digital technology. The underlying idea is that norms as expectations today are not primarily related to social expectations emanating from human interactions but come from systems that mankind has created for fulfilling its needs. Today the economy, via the market, and technology via digitization, generate stronger and more frequent expectations than the social system. By expanding the sociological understanding of norms, the book makes comparisons between different parts of society possible and creates a more holistic understanding of contemporary society. The book will be of interest to academics and researchers in the areas of sociology of law, legal theory, philosophy of law, sociology and social psychology.
A rape victim charges that pornography caused her attacker to become a sex offender. A lesbian mother fights for custody of her child. A transsexual pilot is fired by a commercial airline after undergoing sex change and sues for sex discrimination. A homosexual is denied employment because of sexual orientation. A woman argues that her criminal behavior should be excused because she suffers from premenstrual syndrome. The law has much to say about sexual behavior, but what it says is rarely influenced by the findings of social science research over recent decades. This book focuses for the first time on the dynamic interplay between sexual science and legal decisionmaking. Reflecting the author's wide experience as a respected sex researcher, expert witness, and lawyer, Sexual Science and the Law provides valuable insights into some of the most controversial social and sexual topics of our time. Drawing on an exhaustive knowledge of the relevant research and citing extensively from case law and court transcripts, Richard Green demonstrates how the work of sexual science could bring about a transformation in jurisprudence, informing the courts in their deliberations on issues such as sexual privacy, homosexuality, prostitution, abortion, pornography, and sexual abuse. In each case he considers, Green shows how the law has been shaped by social science or impoverished by reliance on conjecture and received wisdom. He examines the role of sexual science in legal controversy, its analysis of human motivation and behavior, and its use by the courts in determining the relative weight to be given the desires of the individual, the standards of society, and the power of the state in limiting sexual autonomy. Unprecedented in its portrayal of sexuality in a legal context, this scholarly but readable book will interest and educate professional and layperson alike--those lawyers, judges, sex educators, therapists, patients, and citizens who find themselves standing nonplussed at the meeting place of morality and behavior.
Here the influential Associate Justice of the Supreme Court Benjamin Cardozo [1870-1938] examines the nature of the relationship between justice and law.
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.