Papers and Discussions on Jurisprudence
Title | Papers and Discussions on Jurisprudence PDF eBook |
Author | National Association for the Promotion of Social Science (Great Britain) |
Publisher | |
Pages | 146 |
Release | 1862 |
Genre | Jurisprudence |
ISBN |
The Continuity of Legal Systems in Theory and Practice
Title | The Continuity of Legal Systems in Theory and Practice PDF eBook |
Author | Benjamin Spagnolo |
Publisher | Bloomsbury Publishing |
Pages | 252 |
Release | 2015-10-22 |
Genre | Law |
ISBN | 1849468850 |
The Continuity of Legal Systems in Theory and Practice examines a persistent and fascinating question about the continuity of legal systems: when is a legal system existing at one time the same legal system that exists at another time? The book's distinctive approach to this question is to combine abstract critical analysis of two of the most developed theories of legal systems, those of Hans Kelsen and Joseph Raz, with an evaluation of their capacity, in practice, to explain the facts, attitudes and normative standards for which they purport to account. That evaluation is undertaken by reference to Australian constitutional law and history, whose diverse and complex phenomena make it particularly apt for evaluating the theories' explanatory power. In testing whether the depiction of Australian law presented by each theory achieves an adequate 'fit' with historical facts, the book also contributes to the understanding of Australian law and legal systems between 1788 and 2001. By collating the relevant Australian materials systematically for the first time, it presents the case for reconceptualising the role of Imperial laws and institutions during the late nineteenth and early twentieth centuries, and clarifies the interrelationship between Colonial, State, Commonwealth and Imperial legal systems, both before and after Federation.
International Law and the Politics of History
Title | International Law and the Politics of History PDF eBook |
Author | Anne Orford |
Publisher | Cambridge University Press |
Pages | 395 |
Release | 2021-08-05 |
Genre | History |
ISBN | 1108480942 |
Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.
The Methodology and Practice of Therapeutic Jurisprudence
Title | The Methodology and Practice of Therapeutic Jurisprudence PDF eBook |
Author | Nigel Stobbs |
Publisher | |
Pages | |
Release | 2019 |
Genre | Law |
ISBN | 9781531008208 |
Just Algorithms
Title | Just Algorithms PDF eBook |
Author | Christopher Slobogin |
Publisher | Cambridge University Press |
Pages | 183 |
Release | 2021-07-29 |
Genre | Law |
ISBN | 1108996809 |
Statistically-derived algorithms, adopted by many jurisdictions in an effort to identify the risk of reoffending posed by criminal defendants, have been lambasted as racist, de-humanizing, and antithetical to the foundational tenets of criminal justice. Just Algorithms argues that these attacks are misguided and that, properly regulated, risk assessment tools can be a crucial means of safely and humanely dismantling our massive jail and prison complex. The book explains how risk algorithms work, the types of legal questions they should answer, and the criteria for judging whether they do so in a way that minimizes bias and respects human dignity. It also shows how risk assessment instruments can provide leverage for curtailing draconian prison sentences and the plea-bargaining system that produces them. The ultimate goal of Christopher Slobogin's insightful analysis is to develop the principles that should govern, in both the pretrial and sentencing settings, the criminal justice system's consideration of risk.
Guide to Foreign and International Legal Citations
Title | Guide to Foreign and International Legal Citations PDF eBook |
Author | |
Publisher | |
Pages | 300 |
Release | 2006 |
Genre | Annotations and citations (Law) |
ISBN |
"Formerly known as the International Citation Manual"--p. xv.
Naturalizing Jurisprudence
Title | Naturalizing Jurisprudence PDF eBook |
Author | Brian Leiter |
Publisher | Oxford University Press, USA |
Pages | 0 |
Release | 2007 |
Genre | Law |
ISBN | 9780199206490 |
Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revisedversions of ten of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect the Realist program to themethodology debate in contemporary jurisprudence; and explore the general implications of a naturalistic world view for problems about the objectivity of law and morality. Leiter has supplied a lengthy new introductory essay, as well as postscripts to several of the essays, in which he responds tochallenges to his interpretive and philosophical claims by academic lawyers and philosophers.This volume will be essential reading for anyone interested in jurisprudence, as well as for philosophers concerned with the consequences of naturalism in moral and legal philosophy.