Rethinking Historical Jurisprudence

Rethinking Historical Jurisprudence

Author: Geoffrey Samuel

Publisher: Edward Elgar Publishing

ISBN: 1802200738

Category:

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This stimulating book considers the ways in which historical jurisprudence deserves to be rethought, arguing that there is much more to the history of legal thought than the ideas, and ideology, of the nineteenth and early twentieth century jurists, such as Karl von Savigny and Sir Henry Maine. In doing so, Geoffrey Samuel looks at the history of legal thought, method and reasoning from the position of three questions that will help readers to reflect on the nature of legal knowledge. First, what has legal knowledge been in the past? Secondly, taking a cue from the work of Thomas Kuhn, have there been scientific revolutions in the history of law? Thirdly, do jurists today know more about law as a body of knowledge than jurists of the past? In other words, does the history of law reveal a body of cumulative knowledge? This nuanced book shows how, in re-examining legal knowledge from a diachronic perspective, historical jurisprudence can be rethought as a domain concerned with contemporary legal epistemology. Ambitious in its scope, Rethinking Historical Jurisprudence will be a key resource for students and scholars in the fields of legal philosophy, legal theory and history and research methods in law.

Rethinking Historical Jurisprudence

Rethinking Historical Jurisprudence

Author: Samuel, Geoffrey

Publisher: Edward Elgar Publishing

ISBN: 9781802200744

Category: Law

Page: 407

View: 585

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This stimulating book considers the ways in which historical jurisprudence deserves to be rethought, arguing that there is much more to the history of legal thought than the ideas, and ideology, of the nineteenth and early twentieth century jurists, such as Karl von Savigny and Sir Henry Maine.

Rethinking Rights

Rethinking Rights

Author: Eleanor Curran

Publisher: Rowman & Littlefield

ISBN: 9781498547888

Category: Law

Page: 181

View: 854

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This book takes a new look at the history of individual rights, focusing on how philosophers have written that history. Eleanor Curran argues that the turn to jurisprudence, after the philosophical rejection of natural rights, has resulted in an impoverished notion of rights as no more than claims and entitlements.

Rethinking Legal Reasoning

Rethinking Legal Reasoning

Author: Geoffrey Samuel

Publisher: Edward Elgar Publishing

ISBN: 1784712604

Category:

Page: 336

View: 517

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'Rethinking' legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning? At a more specific level the pursuit of this understanding is conducted through posing a number of questions that are founded on different approaches. What has legal reasoning been? What are the institutional and conceptual legacies of this history? What is the literature and textual heritage? How does it compare with medical reasoning and with reasoning in the humanities? Can it be demystified? In exploring these questions Samuel suggests a number of frameworks that offer some new insights into the nature of legal reasoning. The author also puts forward two key ideas. First, that the legal notion of an 'interest' might perhaps be a very suitable artefact for rethinking legal reasoning; and, secondly, that fiction theory might be the most viable 'epistemological attitude' for understanding, if not rethinking, reasoning in law. This book will be of great interest to academics who are researching legal method and legal reasoning, as well as epistemology of the social sciences and aspects of comparative law. It will also be an insightful text for those interested in legal history and historical perspectives on legal reasoning.

Rethinking Evidence

Rethinking Evidence

Author: William Twining

Publisher: Northwestern University Press

ISBN: 081011142X

Category: Law

Page: 420

View: 541

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Evidence, proof and probabilities, rationality, skepticism and narrative in legal discourse, and the reform of criminal evidence have all been the subject of lively debates in recent years. This book brings together seminal and new essays from a leading contributor to this new evidence scholarship. Rethinking Evidence contains a series of linked essays which consider historical, theoretical, and applied themes from a broad interdisciplinary perspective. It brings together well-known papers and also includes substantial new essays on the nature and scope of the law of evidence, lawyers' stories, and the case of Edith Thompson. These readable and provocative essays represent a major contribution not only to legal theory but also to the general study of discourse about evidence in many disciplines.

Rethinking Muslim Personal Law

Rethinking Muslim Personal Law

Author: Hilal Ahmed

Publisher: Taylor & Francis

ISBN: 9781000573190

Category: Law

Page: 186

View: 768

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This volume critically analyses Muslim Personal Law (MPL) in India and offers an alternative perspective to look at MPL and the Uniform Civil Code (UCC) debate. Tracing the historical origins of this legal mechanism and its subsequent political manifestations, it highlights the complex nature of MPL as a sociological phenomenon, driven by context-specific social norms and cultural values. With expert contributions, it discusses wide-ranging themes and issues including MPL reforms and human rights; decoding of UCC in India; the contentious Triple Talaq bill and MPL; the Shah Bano case; Sharia (Islamic jurisprudence) in postcolonial India; women’s equality and family laws; and MPL in the media discourse in India. The volume highlights that although MPL is inextricably linked to Sharia, it does not necessarily determine the everyday customs and local practices of Muslim communities in India This topical book will greatly interest scholars and researchers of law and jurisprudence, political studies, Islamic studies, Muslim Personal Law, history, multiculturalism, South Asian studies, sociology of religion, sociology of law and family law. It will also be useful to practitioners, policymakers, law professionals and journalists.

Rethinking the History of American Education

Rethinking the History of American Education

Author: W. Reese

Publisher: Springer

ISBN: 9780230610460

Category: Education

Page: 292

View: 661

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This collection of original essays examines the history of American education as it has developed as a field since the 1970s and moves into a post-revisionist era and looks forward to possible new directions for the future. Contributors take a comprehensive approach, beginning with colonial education and spanning to modern day, while also looking at various aspects of education, from higher education, to curriculum, to the manifestation of social inequality in education. The essays speak to historians, educational researchers, policy makers and others seeking fresh perspectives on questions related to the historical development of schooling in the United States.

Reassessing Legal Humanism and its Claims

Reassessing Legal Humanism and its Claims

Author: Paul J du Plessis

Publisher: Edinburgh University Press

ISBN: 9781474408875

Category: Law

Page: 408

View: 714

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This book is a fundamental reassessment of the nature and impact of legal humanism on the development of law in Europe. It brings together the foremost international experts in related fields such as legal and intellectual history to debate central issues

Aristotle and Natural Law

Aristotle and Natural Law

Author: Tony Burns

Publisher: Bloomsbury Publishing

ISBN: 9781441107169

Category: Philosophy

Page: 224

View: 990

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Aristotle and Natural Law lays out a new theoretical approach which distinguishes between the notions of 'interpretation,' 'appropriation,' 'negotiation' and 'reconstruction' of the meaning of texts and their component concepts. These categories are then deployed in an examination of the role which the concept of natural law is used by Aristotle in a number of key texts. The book argues that Aristotle appropriated the concept of natural law, first formulated by the defenders of naturalism in the 'nature versus convention debate' in classical Athens. Thereby he contributed to the emergence and historical evolution of the meaning of one of the most important concept in the lexicon of Western political thought. Aristotle and Natural Law argues that Aristotle's ethics is best seen as a certain type of natural law theory which does not allow for the possibility that individuals might appeal to natural law in order to criticize existing laws and institutions. Rather its function is to provide them with a philosophical justification from the standpoint of Aristotle's metaphysics.

Civil Rights

Civil Rights

Author: Robin West

Publisher: Cambridge University Press

ISBN: 9781108486019

Category: History

Page: 279

View: 344

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All of us are entitled to the protections of law against violence, to a high quality education, to decent employment that respects our dignity, and to necessary assistance with our caregiving. Our civil rights are our rights to the protections of ordinary law - not constitutional law, and not only antidiscrimination law - that will ensure that we can participate in civil society, and hence lead flourishing lives. In this innovative work, Robin L. West looks back to nineteenth-century Civil Rights Acts to argue that the point of civil rights law is not only non-discrimination, but also to assure that all of us receive the protection of legal rights that promote human flourishing. Since the 1960s, Supreme Court decisions on civil rights issues have focused on non-discrimination and thus have 'hollowed out' this broader meaning of civil rights law. This book reconceives civil rights as a set of legal guarantees that all will be included in the legal, political, economic and social projects central to civil society.

Law in American History, Volume II

Law in American History, Volume II

Author: G. Edward White

Publisher: Oxford University Press

ISBN: 9780190602369

Category: Law

Page: 672

View: 186

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In this second installment of G. Edward White's sweeping history of law in America from the colonial era to the present, White, covers the period between 1865-1929, which encompasses Reconstruction, rapid industrialization, a huge influx of immigrants, the rise of Jim Crow, the emergence of an American territorial empire, World War I, and the booming yet xenophobic 1920s. As in the first volume, he connects the evolution of American law to the major political, economic, cultural, social, and demographic developments of the era. To enrich his account, White draws from the latest research from across the social sciences--economic history, anthropology, and sociology--yet weave those insights into a highly accessible narrative. Along the way he provides a compelling case for why law can be seen as the key to understanding the development of American life as we know it. Law in American History, Volume II will be an essential text for both students of law and general readers.

International Law and the Politics of History

International Law and the Politics of History

Author: Anne Orford

Publisher: Cambridge University Press

ISBN: 9781108480949

Category: History

Page: 395

View: 618

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Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.