fundamental legal conceptions as applied in judicial reasoning and other legal essays

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Fundamental Legal Conceptions As Applied In Judicial Reasoning

Author : Wesley Newcomb Hohfeld
ISBN : PRNC:32101072863317
Genre : Jurisprudence
File Size : 86. 34 MB
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Fundamental Legal Conceptions As Applied In Judicial Reasoning By Wesley Newcomb Hohfeld

Author : David Campbell
ISBN : 9781351935203
Genre : Law
File Size : 21. 85 MB
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Wesley Newcomb Hohfeld, born in 1879, died prematurely in 1918. He left only a few law journal articles as his published work. His 'Fundamental Legal Conceptions', originally published as two articles in the 'Yale Law Journal' for 1913 and 1917 and left incompletely revised at his death is, however, one of the principal foundations of analytic jurisprudence. The analysis of rights that Hohfeld offers is still regularly cited and relied upon by both lawyers and philosophers, and it is treated as a source of insight into the nature of moral rights as well as the legal rights that were Hohfeld’s own focus of concern. Although some of his analytical distinctions were anticipated by earlier jurists, their insights were fragmentary and imperfect by comparison. Hohfeld’s systematic and exhaustive (yet concise) treatment is generally regarded as unsurpassed. This is not to say that he has not been criticized, but his book forms the essential starting point for any discussion of the nature and structure of rights. 'Fundamental Legal Conceptions' has long been difficult to obtain. This new edition makes this classic of analytic jurisprudence available with a comprehensive introduction by Dr. N.E. Simmonds of Corpus Christi, University of Cambridge, UK.

The Law Of Primitive Man

Author : E. Adamson Hoebel
ISBN : 0674038703
Genre : Law
File Size : 58. 62 MB
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A classic work in the anthropology of law, this book offered one of the first ambitiously conceived analyses of the fundamental rights and duties that are treated as law among nonliterate peoples (labeled "primitive" at the time of the original publication). The heart of the book is a description and analysis of the law of five societies: the Eskimo; the Ifugao of northern Luzon in the Philippines; the Comanche, Kiowa, and Cheyenne tribes of the western plains of the United States; the Trobriand Islanders of the southwest Pacific; and the Ashanti of western Africa. Hoebel's lucid analysis reveals the variety and complexity of these societies' political and legal institutions. It emphasizes their use of due process in adjudication and enforcement and highlights the importance of general explicit standards of conduct in these societies. In offering these detailed case studies of societies studied by other anthropologists, and in outlining an influential approach to the subject, it remains an illuminating book for both scholars and students.

Law And Religion In Public Life

Author : Nadirsyah Hosen
ISBN : 9781136725845
Genre : Law
File Size : 75. 17 MB
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The book is unique in bringing together leading scholars and respected religious leaders to address contemporary issues in the relationship of law, religion and the state. The book highlights the interaction between secular law and religion with particular attention being given to the implications for law and society, religious tolerance and freedom. The book focuses on the practical and topical issues that have arisen in recent years in Australia. As one of the most ethnically diverse countries in the world, a pioneer of multicutural policies in immigration and social justice, Australia is a revealing site for contemporary studies in a world afraid of immigration and terrorism., issues that are affecting much of the globe.

A Theory Of Constitutional Rights

Author : Robert Alexy
ISBN : 9780199584239
Genre : Law
File Size : 33. 80 MB
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This classic work of constitutional theory analyzes the general structure of constitutional rights and their judicial application. It deals with a wide range of problems common to all systems of constitutional rights review - from balancing rights to deciding the limits of their scope.

Concepts In Law

Author : Jaap C. Hage
ISBN : 9789048129829
Genre : Philosophy
File Size : 72. 63 MB
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During the last decades, legal theory has focused almost completely on norms, rules and arguments as the constitutive elements of law. Concepts were mostly neglected. The contributions to this volume try to remedy this neglect by elucidating the role concepts play in law from different perspectives. A main aim of this volume is to initiate a debate about concepts in law. Åke Frändberg gives an overview of the many different uses of concepts in law and shows amongst others that concepts in the law should not be confused with the role of concepts in descriptions of the law. Dietmar von der Pfordten criticizes the restriction to norms as parts of the law in contemporary legal theory by questioning what concepts are and what their function is, both in general and in legal conceptual schemes. Giovanni Sartor assumes the inferential analysis of meaning proposed by Alf Ross in his ground breaking paper Tû-tû and addresses the question how possession of a concept, including the rules defining it, is possible without endorsing these rules. Jaap Hage argues that 1. legal status words such as 'owner' have a meaning because they denote things or relations in institutional reality, 2. the meaning of these words consists in this denotation relation, 3. knowledge of this meaning presupposes knowledge of the rules governing these words. Torben Spaak contributes to this volume with an exemplary analysis of one of the most central concepts of the law, namely that of a legal power. Lorenz Kähler discusses the role of concepts in determining the scope of application of legal rules and raises from this perspective the question to what extent legal concept formation can be arbitrary. Ralf Poscher argues that as soon as a concept is used in stating the law, the precise scope of application of this concept has become a legal matter. This means that the use of ‘moral’ concepts in the law does not automatically lead to a moral import into the law. Dennis Patterson holds that Hart’s concept of law can be understood as a so-called ‘practice theory’ and provides an overview of such a theory.

Advanced Introduction To International Human Rights Law

Author : Dinah L Shelton
ISBN : 9781782545224
Genre : Political Science
File Size : 37. 3 MB
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In this landmark text, Dinah L. Shelton offers an insightful overview of the current state of international human rights law: its norms, institutions and procedures, both global and regional. Providing an invaluable entry point to this complex area of

Perspectives On Commercializing Innovation

Author : F. Scott Kieff
ISBN : 9781139504553
Genre : Law
File Size : 39. 88 MB
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Intellectual property is a vital part of the global economy, accounting for about half of the GDP in countries like the United States. Innovation, competition, economic growth and jobs can all be helped or hurt by different approaches to this key asset class, where seemingly slight changes in the rules of the game can have remarkable impact. This book brings together diverse perspectives from the fields of law, economics, business and political science to explore the ways varying approaches to intellectual property can positively and negatively impact our economy and society. Employing approaches that are both theoretically rigorous and grounded in the real world, Perspectives on Commercializing Innovation is well suited for practising lawyers, managers, lawmakers and analysts, as well as academics conducting research or teaching in a range of courses in law schools, business schools and economics departments, at either the undergraduate or graduate level.

Position And Change

Author : L. Lindahl
ISBN : 9789401012027
Genre : Philosophy
File Size : 81. 48 MB
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The present study which I have subtitled A Study in Law and Logic was prompted by the question of whether an investigation into law and legal systems could lead to the discovery of unrevealed fundamental patterns common to all such systems. This question was further stimulated by two interrelated problems. Firstly, could an inquiry be rooted in specifically legal matters, as distinct from the more usual writings on deontic logic? Secondly, could such inquiry yield a theory which would nevertheless embrace a strict and simple logical structure, permitting substantive conclusions in legal matters to be deduced from simple rules governing some basic concepts? Before the development of deontic logic, W. N. Hohfeld devoted his efforts to this question at the beginning of this century. However, with this exception, few jurists have studied the interrelation between law and logic projected in this way. Nevertheless, two great names are to be found, Gottfried Wilhelm Leibniz and Jeremy Bentham-both philo sophers with legal as weIl as logical training. Bentham's investigations of logical patterns in law have only recently attracted attention; and as for Leibniz, his achievements are still almost totally unexplored (his most important writings on law and logic have not even been translated from Latin). My initial interest in the question was evoked by Professor Stig Kanger. Although primarily a logician and philosopher, Stig Kanger has been interested also in the fundamentals of legal theory.

John Locke And The Origins Of Private Property

Author : Matthew H. Kramer
ISBN : 052154890X
Genre : Business & Economics
File Size : 82. 3 MB
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A close study of the main Lockean texts revises our understanding of Locke the individualist.

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