Philosophy of Law: A Very Short Introduction

Author: Raymond Wacks
Publisher: OUP Oxford
ISBN: 0191510637
Category : Law
Languages : en
Pages : 169

Book Description
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Western Legal Theory

Author: Augusto Zimmermann
Publisher:
ISBN: 9780409333183
Category : Jurisprudence
Languages : en
Pages : 0

Book Description
Western Legal Theory: History, Concepts and Perspectives enable readers to gain a holistic appreciation of the law by presenting a broad collection of ideas concerning the nature of law. The author draws from a number of social disciplines to provide a rounded sense of what law really is and how it should work in society. The text discusses a wide range of theories and theorists, and also traces the historical developments of Western legal thought from ancient times to the present day. With a focus on the historical and contemporary role of philosophy in the interpretation of law, Western Legal Theory: History, Concepts and Perspectives provide a fascinating insight into the development of law and a comprehensive analysis of current legal thought. It is ideal for students of legal theory and jurisprudence, legal history, political philosophy, and legal practitioners and general readers interested in the theories underpinning our legal institutions and framework.

Money in the Western Legal Tradition

Author: David Murray Fox
Publisher: Oxford University Press
ISBN: 0198704747
Category : Antiques & Collectibles
Languages : en
Pages : 921

Book Description
Monetary law is essential to the functioning of private transactions and international dealings by the state: nearly every legal transaction has a monetary aspect. Money in the Western Legal Tradition presents the first comprehensive analysis of Western monetary law, covering the civil law and Anglo-American common law legal systems from the High Middle Ages up to the middle of the 20th century. Weaving a detailed tapestry of the changing concepts of money and private transactions throughout the ages, the contributors investigate the special contribution made by legal scholars and practitioners to our understanding of money and the laws that govern it. Divided in five parts, the book begins with the coin currency of the Middle Ages, moving through the invention of nominalism in the early modern period to cashless payment and the rise of the banking system and paper money, then charting the progression to fiat money in the modern era. Each part commences with an overview of the monetary environment for the historical period written by an economic historian or numismatist. These are followed by chapters describing the legal doctrines of each period in civil and common law. Each section contains examples of contemporary litigation or statute law which engages with the distinctive issues affecting the monetary law of the period. This interdisciplinary approach reveals the distinctive conception of money prevalent in each period, which either facilitated or hampered the implementation of economic policy and the operation of private transactions.

Ministers of the Law

Author: Jean Porter
Publisher: Wm. B. Eerdmans Publishing
ISBN: 1467434515
Category : Religion
Languages : en
Pages : 512

Book Description
In Ministers of the Law Jean Porter articulates a theory of legal authority derived from the natural law tradition. As she points out, the legal authority of most traditions rests on their own internal structures, independent of extralegal considerations -- legal houses built on sand, as it were. Natural law tradition, on the other hand, offers a basis for legal authority that goes beyond mere arbitrary commands or social conventions, offering some extralegal authority without compromising the independence and integrity of the law. Yet Porter does more in this volume than simply discuss historical and theoretical realms of natural law. She carries the theory into application to contemporary legal issues, bringing objective normative structures to contemporary Western societies suspicious of such concepts.

A Concise History of the Common Law

Author: Theodore Frank Thomas Plucknett
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771372
Category : Common law
Languages : en
Pages : 828

Book Description
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.

Theory of Legal Personhood

Author: Visa A. J. Kurki
Publisher: Oxford University Press
ISBN: 0198844034
Category : Law
Languages : en
Pages : 241

Book Description
Présentation de l'éditeur: "This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic."

The Cambridge Companion to Edmund Burke

Author: David Dwan
Publisher: Cambridge University Press
ISBN: 1107495652
Category : Political Science
Languages : en
Pages : 465

Book Description
Edmund Burke prided himself on being a practical statesman, not an armchair philosopher. Yet his responses to specific problems - rebellion in America, the abuse of power in India and Ireland, or revolution in France - incorporated theoretical debates within jurisprudence, economics, religion, moral philosophy and political science. Moreover, the extraordinary rhetorical force of Burke's speeches and writings quickly secured his reputation as a gifted orator and literary stylist. This Companion provides a comprehensive assessment of Burke's thought, exploring all his major writings from his early treatise on aesthetics to his famous polemic, Reflections on the Revolution in France. It also examines the vexed question of Burke's Irishness and seeks to determine how his cultural origins may have influenced his political views. Finally, it aims both to explain and to challenge interpretations of Burke as a romantic, a utilitarian, a natural law thinker and founding father of modern conservatism.

A Short History of Legal Validity and Invalidity

Author: Maris Köpcke Tinturé
Publisher:
ISBN: 9781780689203
Category : Civil law
Languages : en
Pages :

Book Description
The twin ideas of legal validity and invalidity are ubiquitous in contemporary private and public law. But their roots lie buried deep in European legal culture. This book for the first time traces and reveals these roots. In the course of a 2000-year journey through landmark texts of the Western tradition, from Roman law to modern codification and constitutionalism, the book shows that, contrary to what is often assumed, validity and invalidity originated in the domain of private transactions and only gradually came to be deployed in the domain of official power and law-making. This went hand in hand with legal thought's acknowledgement that law-making itself can be (in)valid, because legally limited, most recently by a body of constitutionally enshrined human rights. Understanding why, not only when, the technique of validity appeared, teaches valuable lessons about the kinds of social and political transformation that this technique can help realise - particularly in our age of emerging legal orders, shifting forms of governance, and fresh challenges to the regulation of exchanges in a digitally scripted world. This accessibly written work will appeal to anyone concerned with validity or invalidity in legal scholarship and practice, whether in public or private law. Dr. Maris Köpcke is a Research Fellow at the Faculty of Law, University of Oxford, and a Lecturer at the Faculty of Law, University of Barcelona. She holds a doctorate from Oxford, which won the European Award for Legal Theory 2011. She is the author of Legal Validity: The Fabric of Justice (2019). The book features over a dozen original drawings by the author's mother, Trini Tinturé.

Legal Validity

Author: Maris Köpcke
Publisher: Bloomsbury Publishing
ISBN: 1509904298
Category : Law
Languages : en
Pages : 330

Book Description
Critical human interests are affected on a daily basis by appeal to past decisions deemed to be 'legally valid'. They include statutes, deportation orders, judgments, mortgage contracts, patents and wills. Through the technique of validity, lawyerly reasoning settles morally pressing matters in a way that largely bypasses moral argument. Legal philosophy has paid considerable attention to validity criteria, but it has neglected to explore validity's point: whether, and if so how, the pervasive technique of validity can contribute to a legal system's ability to realise justice and human rights. This book shows that validity can help a political community to foster justice precisely because validity does not primarily turn on moral considerations. Validity serves to both allocate, and limit, a distinct kind of power, a power that is key to forging valuable forms of enterprise and commitment in pursuit of individual and collective self-direction. By entrusting the capacity to decide to those who, in justice, ought to bear it, validity can enable persons and institutions to rally the resources and opportunities that only large-scale behavioural convergence can afford, thereby weaving a fabric of just relationships within the systemic framework of law.

The American Indian in Western Legal Thought

Author: Robert A. Williams Jr.
Publisher: Oxford University Press
ISBN: 0198021739
Category : Law
Languages : en
Pages : 365

Book Description
Exploring the history of contemporary legal thought on the rights and status of the West's colonized indigenous tribal peoples, Williams here traces the development of the themes that justified and impelled Spanish, English, and American conquests of the New World.