Ronald Dworkin

Author: Stephen Guest
Publisher: Stanford University Press
ISBN: 0804784000
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Ronald Dworkin is widely accepted as the most important and most controversial Anglo-American jurist of the past forty years. And this same-named volume on his work has become a minor classic in the field, offering the most complete analysis and integration of Dworkin's work to date. This third edition offers a substantial revision of earlier texts and, most importantly, incorporates discussion of Dworkin's recent masterwork Justice for Hedgehogs. Accessibly written for a wide readership, this book captures the complexity and depth of thought of Ronald Dworkin. Displaying a long-standing commitment to Dworkin's work, Stephen Guest clearly highlights the scholar's key theories to illustrate a guiding principle over the course of Dworkin's work: that there are right answers to questions of moral value. In assessing this principle, Guest also expands his analysis of contemporary critiques of Dworkin. The third edition includes an updated and complete bibliography of Dworkin's work.

Essays In Jurisprudence And Philosophy

Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 0191018724
Size: 45.40 MB
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This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.

Law S Empire

Author: Ronald Dworkin
Publisher: Harvard University Press
ISBN: 9780674518360
Size: 50.23 MB
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A renowned legal scholar presents a theory of law based on Anglo-American legal principles and practices, juridical interpretations, legal precedence, and a forcefully argued concept of political and legal integrity

H L A Hart

Author: Neil MacCormick
Publisher: Stanford University Press
ISBN: 0804756783
Size: 58.44 MB
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A substantially revised second edition of the classic book that discusses the work of H.L.A. Hart and analyzes his important contributions to analytical jurisprudence.

Democracy And Distrust

Author: John Hart Ely
Publisher: Harvard University Press
ISBN: 9780674196377
Size: 44.74 MB
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Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. Mr. Ely demonstrates that both of these approaches are inherently incomplete and inadequate. --from publisher description.

Pure Theory Of Law

Author: Hans Kelsen
Publisher: Univ of California Press
ISBN: 9780520036925
Size: 79.50 MB
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A Matter Of Interpretation Federal Courts And The Law

Author: Antonin Scalia
Publisher: Princeton University Press
ISBN: 1400882958
Size: 38.77 MB
Format: PDF
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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

Justice For Hedgehogs

Author: Ronald Dworkin
Publisher: Harvard University Press
ISBN: 0674071964
Size: 26.77 MB
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In Dworkin’s master work, the central thesis is that all areas of value depend on one another. This is one, big thing that the hedgehog knows, in contrast to the fox, who knows many little things. Dworkin’s understanding of the relationship—between ethics, morality, and political morality—is significantly revised and also greatly elaborated. He argues that “dignity” is the essential core of living well and that a satisfactory account of dignity would, in turn, point to two principles. The first states that it is objectively important that each person’s life go well; and the second that each person has a special responsibility for identifying what counts as success in his or her own life. Dworkin believes that values cohere and that in order to defend that coherence he has to take up a broad variety of philosophical issues that are not normally treated in one book. He discusses the metaphysics of value, the character of truth, the nature of interpretation, the conditions of agreement and disagreement, the phenomenon of moral responsibility and the problem of free will as well as more substantive issues of ethical, moral and legal theory.

Social Research In Communication And Law

Author: Jeremy Cohen
Publisher: SAGE
ISBN: 0803932677
Size: 40.54 MB
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It is not unusual for communication and media researchers to study law or legal issues, nor is it uncommon for legal scholars to study communication law. But it is something of a departure for the two to come together as has been accomplished in this innovative volume. Social Research in Communication and Law is a practical guide for conducting research involving both legal and communication questions. Offering rich citations and examples from existing literature, this engaging volume shows communication law scholars how to make more effective use of the methodologies employed in communication science. Topics addressed include reconciling communication and law, social research approaches to libel and theories pertaining to freedom of