Jurisprudence list 15

Why Law Matters

by Alon Harel
Language: English
Release Date: February 13, 2014

Contemporary political and legal theory typically justifies the value of political and legal institutions on the grounds that such institutions bring about desirable outcomes - such as justice, security, and prosperity. In the popular imagination, however, many people seem to value public institutions...

Emblems of Pluralism

Cultural Differences and the State

by Carol Weisbrod
Language: English
Release Date: February 9, 2009

From outlawing polygamy and mandating public education to protecting the rights of minorities, the framing of group life by the state has been a subject of considerable interest and controversy throughout the history of the United States. The subject continues to be important in many countries. This...

Law, Antisemitism and the Holocaust

by David Seymour
Language: English
Release Date: November 28, 2007

Whilst an increasing amount of attention is being paid to law's connection or involvement with National Socialism, less attention is focused upon thinking through the links between law and the emergence of antisemitism. As a consequence, antisemitism is presented as a pre-existent given, as something...

Law's Trace: From Hegel to Derrida

by Catherine Kellogg
Language: English
Release Date: December 4, 2009

Law's Trace argues for the political importance of deconstruction by taking Derrida’s reading of Hegel as its point of departure. While it is well established that seemingly neutral and inclusive legal and political categories and representations are always, in fact, partial and exclusive, among...

Hobbes and the Law

by
Language: English
Release Date: August 30, 2012

Hobbes's political thought provokes a perennial fascination. It has become particularly prominent in recent years, with the surge of scholarly interest evidenced by a number of monographs in political theory and philosophy. At the same time, there has been a turn in legal scholarship towards political...

From Positivism to Idealism

A Study of the Moral Dimensions of Legality

by Sean Coyle
Language: English
Release Date: November 28, 2017

Illuminating the idea of legality by a consideration of its moral nature, this book explores the emergence and development of two rival traditions of legal thought (those of 'positivism' and 'idealism') which together define the structure of modern juridical thought. In doing so, it consciously departs...

Law, Ethics and the Biopolitical

by Amy Swiffen
Language: English
Release Date: December 13, 2010

Law, Ethics and the Biopolitical explores the idea that legal authority is no longer related to national sovereignty, but to the ‘moral’ attempt to nurture life. The book argues that whilst the relationship between law and ethics has long been a central concern in legal studies, it is now the...

Watching Out

reflections on justice and injustice

by Julian Burnside
Language: English
Release Date: July 31, 2017

‘When put to the test, most people have difficulty identifying what justice is, especially when there is tension between proper process and a desired result. Due process is inherent in our conception of justice. But bad process can yield the right result, just as good process can produce the wrong...

What is Criminology About?

Philosophical Reflections

by
Language: English
Release Date: February 20, 2015

Since its inception, criminology has had trouble answering the question of what it is about. But although many consider the answer to this question to be self-evident, this book pursues the provocative possibility that criminology does not know what the object of its study is; it merely knows what...

Reflections on Judging

by Richard A. Posner
Language: English
Release Date: October 7, 2013

For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.

The Supreme Court on Trial

How the American Justice System Sacrifices Innocent Defendants

by George C. Thomas
Language: English
Release Date: February 9, 2010

The chief mandate of the criminal justice system is not to prosecute the guilty but to safeguard the innocent from wrongful convictions; with this startling assertion, legal scholar George Thomas launches his critique of the U.S. system and its emphasis on procedure at the expense of true justice. Thomas...

The Judges

A Penetrating Exploration of American Courts and of the New Decisions--Hard Decisions--They Must Make for a New Millennium

by Martin Mayer
Language: English
Release Date: January 7, 2014

Our courts, the third branch of the government, are central in the administration of our democracy. But their operations are shrouded in a mythology with its ritual incantations of "rule of law," "equal justice" and "presumption of innocence"--one that this book pierces. We...

Ladies And Gentlemen Of The Jury

Greatest Closing Arguments In Modern Law

by Michael S Lief, H. Mitchell Caldwell, Ben Bycel
Language: English
Release Date: March 31, 1999

The closing arguments from ten noteworthy cases—“lawyers and nonlawyers will enjoy the passion and eloquence of these counselors; practitioners of law will find much to learn from them” (Los Angeles Times Book Review). Until now, only the twelve jurors who sat in judgment were able to...

The Rule of Law

by Rt Hon Lord Bingham of Cornhill KG PC FBA Tom Bingham
Language: English
Release Date: July 7, 2011

'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former...