David Schiff and Richard Nobles (eds.), Jurisprudence, Butterworth
... communications. If we think of law like the cell, then we can take a radically different view of the sort of things that are ordinarily taken to influence or determine law - class, politics, money, interests groups, power, race, gender, etc. To understand how law reacts to the things in its environm ...
... communications. If we think of law like the cell, then we can take a radically different view of the sort of things that are ordinarily taken to influence or determine law - class, politics, money, interests groups, power, race, gender, etc. To understand how law reacts to the things in its environm ...
Paths of Western Law After Justinian
... of Roman law published over the three-year period from 533 -535 A.D, had not been stymied by the occupation of Rome by the Rugians and the Ostrogoths. In most ways these occupations worked no material hardship on the empire, either militarily or civilly. The occupying Goths and their Roman counterpa ...
... of Roman law published over the three-year period from 533 -535 A.D, had not been stymied by the occupation of Rome by the Rugians and the Ostrogoths. In most ways these occupations worked no material hardship on the empire, either militarily or civilly. The occupying Goths and their Roman counterpa ...
When Maxims Clash: Categorical Imperative and
... for the quality of it; the theory also provides a basis on which one may continue to uphold the supremacy of human rationality. First of all, how, then, may one determine the quality of happiness? John Stuart Mill, a nineteenth-century British philosopher known primarily for his consequentialist-uti ...
... for the quality of it; the theory also provides a basis on which one may continue to uphold the supremacy of human rationality. First of all, how, then, may one determine the quality of happiness? John Stuart Mill, a nineteenth-century British philosopher known primarily for his consequentialist-uti ...
bepress Legal Series The Disenchantment of Logically Formal
... commitment to individualism thus understood. Of these, only natural rights theory was also highly relevant on the Ainside,@ that is, in the development of the technique of legal analysis based on deduction. Natural rights theorists had elaborated the will theory, beginning in the 17th century, as a ...
... commitment to individualism thus understood. Of these, only natural rights theory was also highly relevant on the Ainside,@ that is, in the development of the technique of legal analysis based on deduction. Natural rights theorists had elaborated the will theory, beginning in the 17th century, as a ...
Lectures 6-7 Deontological & Consequential Ethics
... upon the antecedent: If p, then q). Thus, morality is a function of human reason. Human reason is governed by Logic. Q.E.D., to be irrational is to be inhuman. To be sure, there are perfect and imperfect duties. Actions are characterized as perfect because they follow directly from an application of ...
... upon the antecedent: If p, then q). Thus, morality is a function of human reason. Human reason is governed by Logic. Q.E.D., to be irrational is to be inhuman. To be sure, there are perfect and imperfect duties. Actions are characterized as perfect because they follow directly from an application of ...
Lectures 14-15: Deontological & Consequential Ethics
... upon the antecedent: If p, then q). Thus, morality is a function of human reason. Human reason is governed by Logic. Q.E.D., to be irrational is to be inhuman. To be sure, there are perfect and imperfect duties. Actions are characterized as perfect because they follow directly from an application of ...
... upon the antecedent: If p, then q). Thus, morality is a function of human reason. Human reason is governed by Logic. Q.E.D., to be irrational is to be inhuman. To be sure, there are perfect and imperfect duties. Actions are characterized as perfect because they follow directly from an application of ...
essay three approaches to law and culture
... The cultural studies movement assumes that the culture in which individuals live plays an important role in creating and maintaining situations of stratification and control. Culture not only determines the categories through which individuals perceive the reality they live in but also attaches norm ...
... The cultural studies movement assumes that the culture in which individuals live plays an important role in creating and maintaining situations of stratification and control. Culture not only determines the categories through which individuals perceive the reality they live in but also attaches norm ...
Three Approaches to Law and Culture
... The cultural studies movement assumes that the culture in which individuals live plays an important role in creating and maintaining situations of stratification and control. Culture not only determines the categories through which individuals perceive the reality they live in but also attaches norm ...
... The cultural studies movement assumes that the culture in which individuals live plays an important role in creating and maintaining situations of stratification and control. Culture not only determines the categories through which individuals perceive the reality they live in but also attaches norm ...
Consent in Roman Choice of Law
... said to address conflicts of laws concern the law of subject communities within, not outside, the Roman Empire. Finally, Roman legal theory and practice did not consider the officials responsible for adjudication to be as strictly bound by rules of substance and procedure as modern legal systems do. ...
... said to address conflicts of laws concern the law of subject communities within, not outside, the Roman Empire. Finally, Roman legal theory and practice did not consider the officials responsible for adjudication to be as strictly bound by rules of substance and procedure as modern legal systems do. ...
How Law is Like Chess - bepress Legal Repository
... we would expect it to be resolved by an account of type 3. And then we need an explanation of what makes 3 true, and so we get to 4. This much, I take it, is common ground. But now a question that needs to be answered is this: why is it the case that 4 has to be grounded in pointing to norms. Why c ...
... we would expect it to be resolved by an account of type 3. And then we need an explanation of what makes 3 true, and so we get to 4. This much, I take it, is common ground. But now a question that needs to be answered is this: why is it the case that 4 has to be grounded in pointing to norms. Why c ...
The Two Enterprises of Law and Economics
... the content enterprise. It asks, “What is the law of x?” The content enterprise explains what the law requires people to do. To illustrate, the content enterprise aims to distinguish between negligence and strict liability in tort law, freedom and trespass in property law, expectation damages and sp ...
... the content enterprise. It asks, “What is the law of x?” The content enterprise explains what the law requires people to do. To illustrate, the content enterprise aims to distinguish between negligence and strict liability in tort law, freedom and trespass in property law, expectation damages and sp ...
Recent Political Philosophy {check ??s}
... Course Outline and Reading List The term ‘Kantian constructivism’ was introduced by John Rawls to describe a procedure for deriving moral, legal and political standards from the bare idea of what it is to be a person or a rational agent. Versions of this strategy, with or without the name ‘construct ...
... Course Outline and Reading List The term ‘Kantian constructivism’ was introduced by John Rawls to describe a procedure for deriving moral, legal and political standards from the bare idea of what it is to be a person or a rational agent. Versions of this strategy, with or without the name ‘construct ...
The Disenchantment of Logically Formal Legal Rationality
... for the legal commitment to individualism thus understood. Of these, only natural rights theory was also highly relevant on the “inside,” that is, in the development of the technique of legal analysis based on deduction. Natural rights theorists had elaborated the will theory, beginning in the seven ...
... for the legal commitment to individualism thus understood. Of these, only natural rights theory was also highly relevant on the “inside,” that is, in the development of the technique of legal analysis based on deduction. Natural rights theorists had elaborated the will theory, beginning in the seven ...
Legal Profession in Ancient Republican Rome
... From the very beginnings of Roman history the general sociological setting from which the Roman lawyer emerged was most favorable to the growth of a strong, competent, public-spirited and confident legal profession. The legal profession of ancient Rome definitely began with the Roman priestly caste. ...
... From the very beginnings of Roman history the general sociological setting from which the Roman lawyer emerged was most favorable to the growth of a strong, competent, public-spirited and confident legal profession. The legal profession of ancient Rome definitely began with the Roman priestly caste. ...
Hart`s Methodological Positivism - Penn Law: Legal Scholarship
... The second possibility concerning how we could come to know which actual or possible social practices constitute "law" would require us to analyze our own concept oflaw. We would inquire into the manner in which we conceptualize our own social practices so as, presumably, to clarify the concept and ...
... The second possibility concerning how we could come to know which actual or possible social practices constitute "law" would require us to analyze our own concept oflaw. We would inquire into the manner in which we conceptualize our own social practices so as, presumably, to clarify the concept and ...
Faculty Research Working Papers Series
... instrument by which a single clan exercised control over rival clans. “[W]ithin a system that was inherently unstable … [l]aw was seen as the will of the rulers and an instrument of suppression; its primary manifestation was in punishment.” Hence, the choice of rule by law was the product of an ext ...
... instrument by which a single clan exercised control over rival clans. “[W]ithin a system that was inherently unstable … [l]aw was seen as the will of the rulers and an instrument of suppression; its primary manifestation was in punishment.” Hence, the choice of rule by law was the product of an ext ...
LUMSA * International Commercial Law 24 february 2014
... goal of uniformity in the law is not, however, exclusive to the present structures administering justice under the CISG. All centralized judicial systems are also prone to this danger (although there is ultimately a final appellate level to provide redress). The nature of the CISG's subject matter i ...
... goal of uniformity in the law is not, however, exclusive to the present structures administering justice under the CISG. All centralized judicial systems are also prone to this danger (although there is ultimately a final appellate level to provide redress). The nature of the CISG's subject matter i ...
the internal morality of chinese legalism - NUS
... threatened evil, i.e., pain. The duty is legal if it is issued by a political sovereign, moral if issued by God. Hobbes observed that the conditions for a social contract obtain if persons are of roughly equal ability, for then they acquire an equality of hope in having their respective claims satis ...
... threatened evil, i.e., pain. The duty is legal if it is issued by a political sovereign, moral if issued by God. Hobbes observed that the conditions for a social contract obtain if persons are of roughly equal ability, for then they acquire an equality of hope in having their respective claims satis ...
legal ethics is (just) normal ethics
... The rules and principles which form the body of knowledge know as legal ethics are devoid of an overarching rationale (though, as is discussed below, they are often compatible with a desire to achieve efficient work practices) and are more properly defined as rules which are conveniently packaged un ...
... The rules and principles which form the body of knowledge know as legal ethics are devoid of an overarching rationale (though, as is discussed below, they are often compatible with a desire to achieve efficient work practices) and are more properly defined as rules which are conveniently packaged un ...
Injustice and the Normative Nature of Meaning
... the veil of ignorance, parties "do not know how the various alternatives will affect their own particular case and they are obliged to evaluate principles solely on the basis of general considerations." Id. at 136-37. ...
... the veil of ignorance, parties "do not know how the various alternatives will affect their own particular case and they are obliged to evaluate principles solely on the basis of general considerations." Id. at 136-37. ...
Lecture 5: Consequential and Deontological Ethics:
... The CI does not depend on a logically prior condition though it assumes the predisposition that one wishes to be rational and will follow what rationally determined duty dictates (in contrast to hypothetical imperatives which means that the consequent depends upon the antecedent: If p, then q). Thus ...
... The CI does not depend on a logically prior condition though it assumes the predisposition that one wishes to be rational and will follow what rationally determined duty dictates (in contrast to hypothetical imperatives which means that the consequent depends upon the antecedent: If p, then q). Thus ...
On the Rule of Law .
... Ancient Greece and Rome, then focusing more attention on the Medieval period, then on the modern rise of liberalism, ending up in the present, looking at the rule of law at the national and internationallevels. History, politics, and theory are interwoven throughout the book, showing up in each chap ...
... Ancient Greece and Rome, then focusing more attention on the Medieval period, then on the modern rise of liberalism, ending up in the present, looking at the rule of law at the national and internationallevels. History, politics, and theory are interwoven throughout the book, showing up in each chap ...
Law and Morality - The Tanner Lectures on Human Values
... religious worldviews or moral and legal conceptions. These doctrinal achievements are guided by scientific method in a broad sense. They increase the complexity and the specificity of a type of knowledge embodied in teachings. At first glance, it is easy to see how the formal properties of law menti ...
... religious worldviews or moral and legal conceptions. These doctrinal achievements are guided by scientific method in a broad sense. They increase the complexity and the specificity of a type of knowledge embodied in teachings. At first glance, it is easy to see how the formal properties of law menti ...
Carr Study Questions
... Albert Carr's "Is Business Bluffing Ethical?," despite its age (and regrettable sexism), is still widely read in Business Ethics classes. Students often find the views it expresses persuasive and appealing, and business people sometimes make arguments similar to Carr’s. These arguments are flawed, h ...
... Albert Carr's "Is Business Bluffing Ethical?," despite its age (and regrettable sexism), is still widely read in Business Ethics classes. Students often find the views it expresses persuasive and appealing, and business people sometimes make arguments similar to Carr’s. These arguments are flawed, h ...
Jurisprudence
The word jurisprudence is derived from a latin maxim as referred 'jurisprudentia' but owes its origin to Rome. It is a combination of two words 'juris' which means 'law' and 'prudence' which means 'knowledge' or 'skill'. Therefore jurisprudence is the study, knowledge, skill and theory of law. Jurisprudence includes principles behind law that make the law. Scholars of jurisprudence, also known as jurists or legal theorists (including legal philosophers and social theorists of law), hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions. Modern jurisprudence began in the 18th century and was focused on the first principles of the natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems in two rough groups: Problems internal to law and legal systems as such. Problems of law as a particular social institution as it relates to the larger political and social situation in which it exists.Answers to these questions come from four primary schools of thought in general jurisprudence: Natural law is the idea that there are rational objective limits to the power of legislative rulers. The foundations of law are accessible through reason and it is from these laws of nature that human-created laws gain whatever force they have. Legal positivism, by contrast to natural law, holds that there is no necessary connection between law and morality and that the force of law comes from some basic social facts. Legal positivists differ on what those facts are. Legal realism is a third theory of jurisprudence which argues that the real world practice of law is what determines what law is; the law has the force that it does because of what legislators, barristers and judges do with it. Similar approaches have been developed in many different ways in sociology of law. Critical legal studies are a younger theory of jurisprudence that has developed since the 1970s. It is primarily a negative thesis that holds that the law is largely contradictory, and can be best analyzed as an expression of the policy goals of the dominant social group.Also of note is the work of the contemporary philosopher of law Ronald Dworkin who has advocated a constructivist theory of jurisprudence that can be characterized as a middle path between natural law theories and positivist theories of general jurisprudence.A further relatively new field is known as therapeutic jurisprudence, concerned with the impact of legal processes on wellbeing and mental health.The English word is based on the Latin maxim jurisprudentia: juris is the genitive form of jus meaning ""law"", and prudentia means ""prudence"" (also: discretion, foresight, forethought, circumspection; refers to the exercise of good judgment, common sense, and even caution, especially in the conduct of practical matters). The word is first attested in English in 1628, at a time when the word prudence had the now obsolete meaning of ""knowledge of or skill in a matter"". The word may have come via the French jurisprudence, which is attested earlier.