PDF Results for "Jurisprudence The Legal Theory"

by Vageshwari · 2011 — Mani Tripathi, An Introduction to Jurisprudence (Legal Theory) (18th ed.,. 2010). 150. Page 2. 2011] Book Reviews 151 nature and scope ...

by AR Kamp · 2009 · Cited by 1 — Kamp, Jurisprudence: A Beginner's Simple and Practical Guide to Advanced and Complex Legal. Theory, 2 The Crit: Critical Stud. J. 62 (2009).

JURISPRUDENCE AND LEGAL THEORY. by. KELVIN KAMANDE KARANJA. “LAW'S VALIDITY ... law, legal institutions and legal behavior.5. THE CONCEPT OF SOCIAL RELATIONSHIP.

by J HALL · Cited by 40 — The legal philosopher who builds upon one or the other type of theory constructs a natural law philosophy or a legal positivism; he generalizes concerning all.

Keeton :- jurisprudence is the study and systematic arrangement of the general principles of law. Julius stone :- jurisprudence is the lawyers extraversion .4 pages

by BZ Tamanaha · 2015 · Cited by 52 — Writing in the heyday of Enlightenment natural law thought, Montesquieu expressed a pluralistic vision that domesticated natur- al law (in a ...

Georgetown's basic Jurisprudence courses generally extend beyond the triad of natural law, positivism and realism to include discussion of critical legal ...5 pages

by H Dagan · 2010 · Cited by 45 — The structural characteristics of the judicial office, Llewellyn and Cohen argued, have a “majestic power” to channel judges into “service of the whole.”

by PE Soper · 1988 · Cited by 24 — thIS tlnrd sense mvestigates the "nature of law."6 To avoid further confusion, I call thIS tlnrd form of jUrISprudence "legal theory." It IS.

by B Bix · 2018 · Cited by 7 — Finally, Part IV considers what it means for history to inform legal theory, before concluding. I. THE HISTORICAL JURISPRUDENCE TRADITION AND LAW. Tamanaha ...

by R West · 1985 · Cited by 261 — Recent legal scholarship has engaged in a growing dialogue tying literary cn"licism to jurisprudence. In this article, Pro/essor Robin West adds her voice ...68

by C Roederer · 2003 · Cited by 8 — BRIAN BIX, JURISPRUDENCE: THEORY AND CONTEXT 16,18 (Sweet & Maxwell 1996). 3. J.W. HARRIS, LEGAL PHILOSOPHIES 1 (Butterworths 1980). Page 2. Seattle University

by H Dagan · 2011 · Cited by 45 — influence judicial interpretations of precedent). 12 See Brief for Defendant in Error, Muller v. Oregon, 208 U.S. 412 (1908), in AMER-. CAN LEGAL REALISM ...

by A D'Amato · 2010 · Cited by 17 — Abstract: I draw a distinction in the beginning of this essay between judicial decision-making and a judge's deci- sion-making. To persuade a judge, ...

Jurisprudence or Legal Science? A Debate about the Nature of Legal Theory. Edited by. Sean Coyle and George Pavlakos.184 pages

by AJ Rappaport · Cited by 15 — For more than half a century, legal theory has focused on a particular objective—to understand and describe the “concept” of law.1 In that.

by LB Solum · 2011 · Cited by 6 — in legal theory, jurisprudence, or philosophy of law. But what are those fields and how do they relate to each other? Is "jurisprudence" a synonym for ...

by GP Moran · 2015 · Cited by 32 — POSNER, THE PROBLEMS OF JURISPRUDENCE 111 (1990), (Judge Posner's concern for the limitation of judges, lawyers and law professors regarding the judicial ...

by S Guest · 2004 · Cited by 5 — (eds) Jurisprudence and Legal Theory: Commentary and. Materials. (London: Butterworths LexisNexis, 2002) [ISBN 0406946787]. Hart, H. The Concept of Law. (Oxford .

INTRODUCTION TO JURISPRUDENCE AND LEGAL THEORY. Brief description: What is law? Must law be rules? How does law modulate human behaviour in a social group ...

by J Pojanowski · 2021 · Cited by 8 — JOHN AUSTIN, THE PROVINCE OF JURISPRUDENCE DETERMINED 157 (Wilfrid E. Rumble ed.,. 1995) (1832). 5. H.L.A. HART, THE CONCEPT OF LAW 107 ...

by SR Perry · 2002 · Cited by 43 — 1 In jurisprudence, he is one of the two most prominent contemporary legal positivists—the other is Joseph Raz—and also the leading proponent of ...

The appropriate subject matter of legal theory is not, therefore, every fact of current law but the inferences we make about propositions of law on the basis of ...

by M Moore · 2000 · Cited by 17 — ... LEGAL THEORY 301 (1998), reprinted in MICHAEL MOORE, EDUCATING ONESELF IN PUBLIC: CRITICAL ESSAYS IN. JURISPRUDENCE ch. 3 (forthcoming 2000). Page 2. the ...

by SJ SHAPIRO · Cited by 422 — Although Dworkin's interpretation of Hart is fair, I don't think it is the best explanation for Hart's theory of judicial discretion. Its major defect stems ...

by SE Stumpf · 1957 · Cited by 22 — For the adherents of this view any statute however unjust had to be treated as law." '3 In the very same essay in which he extolled the need for legal theory

by K Tobia · Cited by 54 — Philosophy of Law, LEGAL THEORY LEXICON (May 6, 2018), https://perma.cc/ERE3-CMHW. 9. RICHARD A. POSNER, THE PROBLEMS OF JURISPRUDENCE, at xi (1990). 10.

is divided into units that include: judicial approaches, critical race theory, feminist legal theory, socioeconomics, and an application of these theories to ...

by DB Lyons · 1977 · Cited by 223 — 1971); and Judicial Discretion. 60 J. PHILOSOPHY 624 (1963). 4. Dworkin uses philosophical machinery very efficiently. His essay Constitutional.

by CF Murphy — approach would make the law devoid of meaning. It would not satisfy the intellectual needs of those who were to develop legal theory. Legal phenomena should ...

Therefore, jurisprudence is examined in this book not only through the lens of natural law, but also through that of evolutionary legal theory. A further lens, ...

for lawyers with an interest in legal theory, the LL. ... With a comprehensive range of courses spanning jurisprudence, law and philosophy, critical legal studies ...

by C STEPHEN · Cited by 12 — ' The common ground between the ideal of a world law and the totality of legal theory is, in fact, the province of comparative law. Comparative ...

Apr 1, 2019 — ll.2. 4.2. Positivist Theory of Law. 4.2.1 Jeremy Bentham and John Austin's.

by JE Dunsford · 1959 — This Book Review is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law.

by W Twining · Cited by 69 — In. Globalisation and Legal Theory I argued that, as the discipline of law becomes more cosmopolitan, it needs to be underpinned by theorising that treats ...

Legal Theory, Legal Interpretation, and Judicial Review. Author(s): David O. Brink. Source: Philosophy & Public Affairs, Vol. 17, No. 2 (Spring, 1988), pp ...

... Jurisprudence and Legal Philosophy, edited by Professors. M. R. and F. S. Cohen. Among recent important Continental works on legal theory are Professor ...

by MR MacGuigan · 1991 — jurisprudence" and "the philosophy of law" as synonyms, Profes- sor Devlin states that "to me they simply mean thinking about law on a sustained level."2 I ...

anti-positivist legal theory on a general theory of interpretation, and emphasizing law's profound interpretative nature. Despite the fact that Dworkin's ...

by G Zheng · 2006 — Introduction to Jurisprudence and Legal Theory: Commentary and. Materials, James Penner, David Schiff and Richard Nobles, editors [London: Butterworths ...

by FW Munger · 1984 · Cited by 90 — Klare's analysis of the interpretation of the Wagner Act by the Supreme Court demonstrates how the alienated form of liberal legalism asserted itself to negat

by B Bix · 1999 · Cited by 126 — John Austin, THE PROVINCE OF JURISPRUDENCE DETERMINED 157 (Wilfred E. Rumble ed., Cambridge Univ. Press 1995) (1832) (Lecture V). 5. While Jeremy ...

The following shall qualify for admission into the Master of Laws (LL.M) degree in. Jurisprudence and Legal Theory: Graduates of the University of Nigeria or of ...

by RL Koerner · 2016 — no explicit, systematic legal philosophy or jurisprudence. In a highly critical analysis of the caliber of the present member- ship of the United States ...

by A Marmor · Cited by 721 — 2 Dworkin criticizes analytical jurisprudence and specifically, Hart's legal positivism, as being an essentially semantic theory; grounded in an analysis of the ...

by KN Llewellyn · Cited by 63 — His book neither states nor suggests an effort to deal with the whole of Jurisprudence, nor with Law in all its aspects. 'The MS was submitted to Cairns, and I ...

by PV KUMAR — critical understanding in Jurisprudence and Legal Theory. This will help ... students should see Jurisprudence as a philosophy of law; a philosophy which seeks to ...

by J BOYLE · Cited by 158 — Jurisprudence, in my judgement, need not vex itself about the. "abysmal depths of personality." It can assume that a man is a.

by D Priel · 2017 · Cited by 5 — his journal for constitutional theory and philosophy of law. (2017) 32. Page 5. 9. The possibility of naturalistic jurisprudence. Legal ...

by P Smith · 2010 · Cited by 206 — Just as it has been noted that there is not one feminism, but many, so there is not one feminist legal theory, but many. The question is: what is feminist ...

by J Raz · 1974 · Cited by 202 — * For Kelsen's criterion of identity of legal systems see GT 111, PTL 195. Page 3. 96. THE AMERICAN JOURNAL OF JURISPRUDENCE. Kelsen's criterion of identity of

by RF Devlin FRSC · 1994 — In this essay, the author briefly outlines recent trends in Canadian jurisprudence. Beginning with a brief overview of the classical jurisprudential debate.

by C Kirkby · 2022 — ... legal theory to change the world through transforming their representations of it. Keywords: jurisprudence; legal theory; genealogy; pedagogy; law. 1 ...

As we will see at various times in this book, classical modernist jurisprudence, that which has enjoyed a considerable dominion in university law schools for ...

1138, 1144. (1999) (book review) ("Whereas positivism is a theory of law, formalism is a theory of adjudication, a theory about how judges ac- tually do decide ...

by TJ O'Toole · Cited by 17 — THEORY OF LAW 134-38 (Hastings trans. 1922). 30. 2 SCIENCE r TECHNIQUE 275 (Paris 1914-1924). 31. 2 id. 353.

Jun 30, 2019 — ... legal postulates and propositions, and connection between theory of law and practice. This study material has been published to aid the ...

by W Probert · 1966 · Cited by 47 — UNIVERSITY OF FLORIDA LAW REVIEW. We believe that lawyers are much more a facet of legal process than jurisprudence or other legal theory has yet postulated.

by S Soames · Cited by 61 — This is especially evident for a court of last resort, like the. United States Supreme Court. There is, I think, a trend in the jurisprudence of this court in ...

by A D'Amato · 1999 · Cited by 17 — STANLEY FISH, DOING WHAT COMEs NATURALLY 321 (1989). 2. Anthony D'Amato, Can Any Legal Theory Constrain Any Judicial Decision?, 43 U. MIAMI L ...

Oxford University Press, USA. Western Legal Theory: History, Concepts and Perspectives enable readers to gain a holistic appreciation of the law by presenting a ...

by MD Dubber · Cited by 28 — and history” than “law as history,” less legal history than historical jurisprudence. ... ”: Theory and Practice in Legal History, 1 U. Irvine L. Rev. 1039 (20

by WC Starr · 1984 · Cited by 48 — I. CRITICISM AND UNDERSTANDING. It is a mistake to make generalizations about two oppos- ing theories of law: natural law and legal positivism.' Both.

Topics in legal philosophy fall roughly into three categories: analytic jurisprudence, normative jurisprudence, and critical theories of law. Major ...

by DC Yamada · 2021 · Cited by 31 — TJ's following with that of other frameworks of legal theory and practice. Page 8. 666. UNIVERSITY OF MIAMI LAW REVIEW. [Vol. 75:660.

by JL Fabra-Zamora · 2021 · Cited by 2 — mative jurisprudence” or to shield legal theory from politico-moral considerations. Very differently, the distinction is closely related to the divide .

by RP George · Cited by 97 — dissenting Justices in the 1965 Supreme Court case of Griswold v. Connecticut;' and (2) an important effort by a distinguished constitutional law scholar, the ...

by J Stone · Cited by 1 — "post-Kantian social theory of law as action," Kantian and neo-Kan- tian free ... nized that jurisprudence concerns not merely legal precepts, but "law- as ...

philosophy in the analysis of legal problems.' The pattern is not new; a ... "Hart, Definition and Theory in Jurisprudence, 70 LAw Q. Rzv. 37 (1954). In.

by MA Tigre · 2022 · Cited by 1 — Theories of land ethics, rights of nature, Earth-centered environmental ethics, wild law, and Earth jurisprudence all build on these philosophical crescendos ...

by DB Wexler · Cited by 221 — This Essay explores the therapeutic jurisprudence movement from theory to practice and the role of lawyers and judges as thera- peutic agents. An overview of ...

by J Cantegreil · 2008 · Cited by 14 — Michael Reisman, Theory About Law: Jurisprudence for a ... should influence legal theory—with Kelsen's, namely that jurisprudence should remain uncontami

by CMA McCauliff · 1988 · Cited by 1 — intra-governmental interests as a technical legal jurisprudence. 87. Field ... from a judicial perspective as from the natural law theory Justice. Brennan .

After the end of. Soviet rule, legal theory in Russia still orients itself to this symbiosis of positivism and realism which underlies legal education and legal ...

by N Ro'is · Cited by 1 — Erlwein related to the ontology of Legal Theory, said that the best ... The principles of Jurisprudence/Legal Science and theories of Jurisprudence/Legal Science.

by D Plunkett · 2017 · Cited by 86 — For this basic kind of characterization of the debate over legal positivism, see Mark. Greenberg, “How Facts Make Law,” Legal Theory 10 (2004): 157–98;

by M Shapiro · Cited by 213 — I believe that such a new movement is afoot in legal theory, and I propose to call it political juris- prudence. This new movement is essentially an extension ...

She considers the fundamental issue to be the role of moral evaluation in jurisprudence: whether the theorist needs to evaluate the law morally or to consider ...

by R DWORKIN · 1977 · Cited by 24287 — That thesis plainly needs much elaboration, but we may notice that certain arguments of political theory and jurisprudence support the thesis even in its ..

by J Linarelli · 2008 · Cited by 33 — Himma eds. 2002); A COMPANION TO PHILOSOPHY OF LAW AND. LEGAL THEORY (Dennis Patterson ed. 1999); Leslie Green, Legal Positivism, STANFORD. ENCYCLOPEDIA ...

by D Kennedy · Cited by 70 — The story told here is also distinct from the history of American jurisprudence, sometimes called "philosophy of law" or "legal theory." There is a lively ...

by TH Cheng · 2009 · Cited by 4 — The fragmentation of international law and legal theory is an age old issue that has vexed jurists, philosophers and decision-makers in international problems.

by JS McQuade · 1995 · Cited by 2 — it as a required course in law school, namely that it is an essential part of legal theory (jurisprudence with a small j) argues that it affects the ...

by FP SHECAIRA · 2014 · Cited by 37 — On the other hand, when focusing more narrowly on the behavior of a particular court, one may refer to a judge's use of a particular document (e.g., a statu

Jun 27, 2023 — paramount law of the nation, and consequently the theory of every such government must be, that an act of the legis- lature, repugnant to ...

Oct 26, 2022 — ... Law: Philosophical Issues in Conceptual Jurisprudence and Legal Theory (Foundation. Press 2011). Also in 'La validité juridique' (2018) 9 ...

by FSC Northrop · 1956 · Cited by 1 — Certainly the major contribution of anthropological and sociological jurisprudence to contem- porary legal theory is its demonstration that instead of posi-.

by BM Fissell · 2017 · Cited by 3 — 15 (2011) (discussing various uses of the term in the modern literature); Grant. Lamond, Coercion and the Nature of Law, 7 LEGAL THEORY 35, 45 (2001) (stating

by I Ward · 2001 · Cited by 7 — jurisprudence, the man who placed legal theory within a wider public philosophy that was itself fashioned around a fundamentally humanist theory of ethics.

by J Crowe · 2016 · Cited by 19 — The core of natural law jurisprudence, for Murphy, is therefore not that a standard is legally defective if it fails a moral test, but that a standard is ...

The curricula presence of Jurisprudence & Legal theory is founded on the avowed purpose of engaging with the student on the general aspects of the law as an ...

by WH Simon · Cited by 45 — Toyota Jurisprudence: Legal Theory and Rolling. Rule Regimes. William H. Simon. Columbia Law School, wsimon@law.columbia.edu. Follow this and additional works ...

by G Shaffer · 2016 · Cited by 11 — Legal realism exemplifies this third approach to international law theory beyond natural law and ... Llewellyn, Jurisprudence: Realism in Theory and Practice 5

by N Lacey · 2015 · Cited by 24 — any legal theory—whether Savigny's notion of Volksgeist, medieval natural law theory, current theories of Sharia law, Austin's legal positiv-.

by A Lefebvre · Cited by 33 — of Matter and Memory and its depiction of images and movement. In this chapter, Bergson establishes a theory of perception and of movement. He imagines a world ...

by F Valdes · 1994 · Cited by 96 — See generally Francisco Valdes, Foreword-Poised at the Cusp: LatCrit Theory, Outsider. Jurisprudence and Latinalo Self Empowerment, 2 HARV. LATINO L. REV. 1, 52

by T Spaak · 2008 · Cited by 2 — On this account, he explains,. “Realists advance (1) a descriptive theory about the nature of judicial decision, according to which (2) judicial ...

by JP Ligon · 2021 — An acceptable legal theory must explain why these positive laws hold. The Grounding Question bears on a second central question of jurisprudence, namely: The ...