The Origins Of The Western Legal Tradition

Author: Ellen Goodman
Publisher: Federation Press
ISBN: 9781862871816
Size: 16.93 MB
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Ellen Goodman uses extensive extracts from original writings to highlight the main themes of the Western legal tradition. The strength of the book is its clear focus on the heart of the tradition: constitutionalism, representative institutions and rule by law. Goodman links Christianity to its origins in Greek philosophy and Judaism. She delves into the position of the Roman Church as the tenuous, Dark Ages conduit. Feudalism lives and dies and the common law and parliament emerge. The author accurately and vividly charts the main currents, avoiding both the shoals and the myriad tributaries, and so enables readers to have a clearer and deeper understanding of our present legal system.

Enlightenment Legal Education And Critique

Author: John W Cairns
Publisher: Edinburgh University Press
ISBN: 0748682155
Size: 74.90 MB
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Enlightenment, Legal Education, and Critique deals with broad themes in Legal History, such as the development of Scots Law through the major legal thinkers of the Enlightenment, essays on Roman law and miscellaneous essays on the literary and philosophic

The Science Of Conjecture

Author: James Franklin
Publisher: JHU Press
ISBN: 1421418800
Size: 46.37 MB
Format: PDF, Mobi
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How did we make reliable predictions before Pascal and Fermat's discovery of the mathematics of probability in 1654? What methods in law, science, commerce, philosophy, and logic helped us to get at the truth in cases where certainty was not attainable? In The Science of Conjecture, James Franklin examines how judges, witch inquisitors, and juries evaluated evidence; how scientists weighed reasons for and against scientific theories; and how merchants counted shipwrecks to determine insurance rates. The Science of Conjecture provides a history of rational methods of dealing with uncertainty and explores the coming to consciousness of the human understanding of risk. "A remarkable book. Mr. Franklin writes clearly and exhibits a wry wit. But he also ranges knowledgeably across many disciplines and over many centuries."— Wall Street Journal " The Science of Conjecture opens an old chest of human attempts to draw order from havoc and wipes clean the rust from some cast-off classical tools that can now be reused to help build a framework for the unpredictable future."— Science "Franklin's style is clear and fluent, with an occasional sly Gibbonian aside to make the reader chuckle."— New Criterion James Franklin is a professor in the School of Mathematics and Statistics at the University of New South Wales.

Rhetoric And Discourse In Supreme Court Oral Arguments

Author: Ryan A. Malphurs
Publisher: Routledge
ISBN: 0415640040
Size: 63.84 MB
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While legal scholars, psychologists, and political scientists commonly voice their skepticism over the influence oral arguments have on the Court's voting pattern, this book offers a contrarian position focused on close scrutiny of the justices' communication within oral arguments. Malphurs examines the rhetoric, discourse, and subsequent decision-making within the oral arguments for significant Supreme Court cases, visiting their potential power and danger and revealing the rich dynamic nature of the justices' interactions among themselves and the advocates. In addition to offering advancements in scholars' understanding of oral arguments, this study introduces Sensemaking as an alternative to rational decision-making in Supreme Court arguments, suggesting a new model of judicial decision-making to account for the communication within oral arguments that underscores a glaring irony surrounding the bulk of related research—the willingness of scholars to criticize oral arguments but their unwillingness to study this communication. With the growing accessibility of the Court's oral arguments and the inevitable introduction of television cameras in the courtroom, this book offers new theoretical and methodological perspectives at a time when scholars across the fields of communication, law, psychology, and political science will direct even greater attention and scrutiny toward the Supreme Court.

A Real Mind

Author: Patricia Mindus
Publisher: Springer Science & Business Media
ISBN: 9789048128952
Size: 17.54 MB
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This comprehensive presentation of Axel Hägerström (1868-1939) fills a void in nearly a century of literature, providing both the legal and political scholar and the non-expert reader with a proper introduction to the father of Scandinavian realism. Based on his complete work, including unpublished material and personal correspondence selected exclusively from the Uppsala archives, A Real Mind follows the chronological evolution of Hägerström’s intellectual enterprise and offers a full account of his thought. The book summarizes Hägerström’s main arguments while enabling further critical assessment, and tries to answer such questions as: If norms are neither true nor false, how can they be adequately understood on the basis of Hägerström’s theory of knowledge? Did the founder of the Uppsala school uphold emotivism in moral philosophy? What consequences does such a standpoint have in practical philosophy? Is he really the inspiration behind Scandinavian state absolutism?A Real Mind places the complex web of issues addressed by Hägerström within the broader context of 20th century philosophy, stretching from epistemology to ethics. His philosophy of law is examined in the core chapters of the book, with emphasis on the will-theory and the relation between law and power. The narrative is peppered with vignettes from Hägerström’s life, giving an insightful and highly readable portrayal of a thinker who put his imprint on legal theory. The appendix provides a selected bibliography and a brief synopsis of the major events in his life, both private and intellectual.

The Roman Law Tradition

Author: A. D. E. Lewis
Publisher: Cambridge University Press
ISBN: 9780521441995
Size: 12.77 MB
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The law developed by the ancient Romans remains a powerful legal and political instrument today. In The Roman Law Tradition a general editorial introduction complements a series of more detailed essays by an international team of distinguished legal scholars exploring the various ways in which Roman law has affected and continues to affect patterns of legal decision-making throughout the world.

European Law In The Past And The Future

Author: R. C. van Caenegem
Publisher: Cambridge University Press
ISBN: 9780521006484
Size: 62.89 MB
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R. C. van Caenegem considers the historical reasons behind European legal diversity.

Legal Theory In The Crucible Of Constitutional Justice

Author: Rory O'Connell
Publisher: Dartmouth Publishing Company
ISBN: 9780754620976
Size: 79.14 MB
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Constitutional adjudication straddles law and politics, legal and political theory. Referring to legal controversies in Canada (free expression), Ireland (sexual morality) and Italy (religion), this book examines how constitutional judgements rely upon unarticulated political commitments. This interaction between "law" and "morality" allows us to escape the dichotomy of natural law versus positivism in a time when judges increasingly act as moral guardians.

A Short History Of African Philosophy

Author: B. Hallen
Publisher: Indiana University Press
ISBN: 9780253215314
Size: 27.95 MB
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In this accessible book, Barry Hallen discusses the major ideas, figures, and schools of thought in African philosophy. While drawing out critical issues in the formation of African philosophy, Hallen focuses on the recent scholarship, current issues, and relevant debates that have made African philosophy an important key to understanding the rich and complex cultural heritage of Africa. In this accessible book, Barry Hallen discusses the major ideas, figures, and schools of thought in African philosophy. While drawing out critical issues in the formation of African philosophy, Hallen focuses on the recent scholarship, current issues, and relevant debates that have made African philosophy an important key to understanding the rich and complex cultural heritage of Africa. Hallen builds upon Africa's connections with Western philosophical traditions and explores African contributions to cultural universalism, cultural relativism, phenomenology, hermeneutics, and Marxism. Hallen also examines African challenges to Western conceptions of philosophy by taking on questions such as whether philosophy can exist in cultures that are significantly based in oral traditions and what may or may not constitute philosophical texts. Among the figures whose work is discussed are Ptah-hotep (Egypt, 3rd millennium BCE), Zar'a Ya'aqob (Abyssinia, 17th century), Anton Wilhelm Amo (Ghana, 18th century), Paulin Hountondji, V. Y. Mudimbe, Oyeronke Oyewumi, Kwame Anthony Appiah, and Kwasi Wiredu. This clearly written, highly readable, and concise work will be essential for students and scholars of African philosophy as well as readers with a wide range of interests in African studies.