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books tagged “jurisprudence”
books tagged “jurisprudence”
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Active Liberty: Interpreting Our Democratic Constitutionby Stephen G. BreyerISBN 0307274942 (0-307-27494-2)
Softcover, Random House Inc
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› Find signed collectible books: 'Active Liberty: Interpreting Our Democratic Constitution'Book summary:A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitutions primary role is to preserve and encourage what he calls active liberty : citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitutions lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts. [via]
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Al-Shafi'i's Risala: Treatise on the Foundations of Islamic Jurisprudenceby Al-Imam Al-Shafii, Majid KhadduriISBN 0946621152 (0-946621-15-2)
Hardcover, Islamic Texts Society
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America's Constitution: A Biographyby Akhil Reed AmarISBN 1400062624 (1-4000-6262-4)
Hardcover, Random House Inc
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› Find signed collectible books: 'America's Constitution: A Biography'Book summary:In Americas Constitution, one of this eras most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the worlds great political texts. Incisive, entertaining, and occasionally controversial, this biography of Americas framing document explains not only what the Constitution says but also why the Constitution says it.
We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding We the People, was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators inspired genius.
Despite the Constitutions flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, Americas Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and whyfor now, at leastonly those citizens who were born under the American flag can become president.
From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nations history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the documents later amendments eventually extended the vote to virtually all Americans.
We also learn that the Founders Constitution was far more slavocratic than many would acknowledge: the three fifths clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republics first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincolns election.
Ambitious, even-handed, eminently accessible, and often surprising, Americas Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States. [via]More editions of America's Constitution: A Biography:
Between Equal Rights: A Marxist Theory Of International Lawby China MievilleISBN 1931859337 (1-931859-33-7)
Softcover, Haymarket Books
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Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracyby Jurgen Habermas, William RehgISBN 0262581620 (0-262-58162-0)
Softcover, Mit Pr
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› Find signed collectible books: 'Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy'Book summary:Jurgen Habermas, an esteemed political philosopher who lived in Germany during the Nazi reign, has produced a thought-provoking work on what he calls "deliberative politics." To summarize his view, true democracy isn't just the compilation of opinions or a blanket treatment of majority rules, but a social process in which people meet, discuss, modify and, ultimately, agree. He draws connections between how such a process could shape the making of laws and direct the course of nations. His writings here represent a lifetime of political thought on the nature of democracy and law, and deserve an audience and a place in the foundations of democratic theory. [via]
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- Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy: ISBN 0745620116 (0-7456-2011-6)
Softcover, Polity Pr - Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy: ISBN 0745612296 (0-7456-1229-6)
Hardcover, Polity Pr - Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy: ISBN 0262082438 (0-262-08243-8)
Hardcover, Mit Pr - Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy: ISBN 0262581620 (0-262-58162-0)
Softcover, Mit Pr
- Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy: ISBN 0745620116 (0-7456-2011-6)
Between the Norm and the Exception: The Frankfurt School and the Rule of Lawby William E. ScheuermanISBN 0262691965 (0-262-69196-5)
Softcover, Mit Pr
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› Find signed collectible books: 'Between the Norm and the Exception: The Frankfurt School and the Rule of Law'Book summary:Winner, 1994, First Book Award given by the American Political Science Association Foundations of Political Theory Section. and Winner, 1994, of the Spitz Prize sponsored by the Conference for the Study of Political Thought
Winner, 1996 Elaine and David Spitz Book Prize for the best book on liberal and democratic theory, Conference for the Study of Political Thought. Winner, 1994 First Book Prize, Foundations of Political Thought Organized Section, American Political Science Association.
Between the Norm and the Exception contributes historical insight to the ongoing debate over the future of the rule of law in welfare-state capitalist democracies. The core issue is whether or not society can offer its citizens welfare-state guarantees and still preserve the liberal vision of a norm-based legal system. Franz Neumann and Otto Kirchheimer, in an age dominated by Hitler and Stalin, sought to establish a sound theoretical basis for the "rule of law" ideal. As an outcome of their sophisticated understanding of the liberal political tradition, their writings suggest a theoretical missed opportunity, an alternative critical theory that might usefully be applied in understanding (and perhaps countering) the contemporary trend toward the deformalization of law. [via]More editions of Between the Norm and the Exception: The Frankfurt School and the Rule of Law:
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Central Issues in Jurisprudence: Justice, Laws, and Rightsby N. E. SimmondsISBN 0421351209 (0-421-35120-9)
Softcover, Sweet & Maxwell
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› Find signed collectible books: 'Central Issues in Jurisprudence: Justice, Laws, and Rights'Book summary:This highly popular book provides an introductory guide to the major theories and arguments which currently dominate discussion in jurisprudence. The object is to put the student as quickly as possible into a position where he or she can read the original writers with a real understanding of how the theories relate to each other, and how these theories cluster around certain fundamental issues. This new edition has been completely revised, updated and expanded to provide additional coherence to the themes examined and introduce sections on currently topical issues. Some important refinements have been added to the analytical jurisprudence of rights. * A popular introductory work on jurisprudence by one the country's leading legal theorists * Noted for its extremely clear approach * Updated to include topical issues [via]
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The Challenge of Carl Schmittby Chantal MouffeISBN 1859842445 (1-85984-244-5)
Softcover, Analytical Psychology Club of San Francisco, Incorporated
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The Common Lawby Oliver W. HolmesISBN 1404343806 (1-4043-4380-6)
Hardcover, Indypublish.Com
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A Companion to Philosophy of Law and Legal Theoryby Dennis PattersonISBN 0631213295 (0-631-21329-5)
Softcover, Blackwell Pub
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The Concept of Lawby Herbert Lionel Adolphus HartISBN 0198761236 (0-19-876123-6)
Softcover, Oxford Univ Pr
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› Find signed collectible books: 'The Concept of Law'Book summary:Herbert Lionel Adolphus Hart (18 July 1907 - 19 December 1992) was an influential legal philosopher of the 20th century. He was Professor of Jurisprudence at Oxford University and the Principal of Brasenose College, Oxford. His most famous work is The Concept of Law (1961). [via]
The E-Z Legal Guide to Employment Lawby Valerie Hope GoldsteinISBN 1563824124 (1-56382-412-4)
Softcover, Made Ez Products
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The Enemy: An Intellectual Portrait of Carl Schmittby Carl Schmitt, Gopal BalakrishnanISBN 1859847609 (1-85984-760-9)
Hardcover, Verso Books
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› Find signed collectible books: 'The Enemy: An Intellectual Portrait of Carl Schmitt'Book summary:The writings of Carl Schmitt form what is arguably the most disconcerting, original, and yet still unfamiliar body of twentieth-century political thought. In the English-speaking world, he is terra incognita, a name associated with Nazism, the author of a largely untranslated oeuvre forming no recognizable system, coming to us from a disturbing place and time in the form of fragments. The Enemy is a comprehensive intertextual reconstruction and analysis of all of Schmitt's major works - his books, articles and pamphlets from 1919 - 1950 - presented in an arresting narrative form. This form reveals the complex ways in which his ideas took shape in the intertwining time lines of civil and world wars and retraces the path of his interventions on the constantly shifting battlefield of the inter-war era. The lines of thought which emerge out of this meticulous study on democracy, constitutional law and international law will be startling to those who know nothing about Schmitt, as well as to those who have had to rely on the existing secondary literature to form an opinion of him. For the first time, the stature and topicality of this disturbing figure is incontrovertibly demonstrated. [via]
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The Enemy: An Intellectual Portrait of Carl Schmittby Gopal BalakrishnanISBN 185984359X (1-85984-359-X)
Softcover, W W Norton & Co Inc
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The Enforcement of Moralsby Patrick DevlinISBN 0192850180 (0-19-285018-0)
Softcover, Oxford Univ Pr
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The English Judges: Their Role In The Changing Constitutionby Robert StevensISBN 1841132268 (1-84113-226-8)
Hardcover, Hart Pub
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Ethics and the Rule of Lawby David LyonsISBN 0521277124 (0-521-27712-4)
Softcover, Cambridge Univ Pr
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Faith and Love: Juridical Perspectives for the Ecumenical Movementby Marc ReuverISBN 2825413259 (2-8254-1325-9)
Softcover, World Council of Churches
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Faith and Order: The Reconciliation of Law and Religionby Harold J. BermanISBN 1555408524 (1-55540-852-4)
Hardcover, Eerdmans Pub Co
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False Necessity: Anti Necessitarian Social Theory in the Service of Radical Democracyby Roberto UngerISBN 185984331X (1-85984-331-X)
Softcover, W W Norton & Co Inc
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False Necessity: Anti-Necessitarian Social Theory in the Service of Radical Democracy from Politics A Work in Constructive Social Theoryby Roberto Mangabeira UngerISBN 1859846556 (1-85984-655-6)
Hardcover, W W Norton & Co Inc
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› Find signed collectible books: 'False Necessity: Anti-Necessitarian Social Theory in the Service of Radical Democracy from Politics A Work in Constructive Social Theory'Book summary:This new edition of "False Necessity" marks the beginning of Verso's reissuing of Unger's major works in political and social thought, first published under the collective title of "Politics". This book develops a radical alternative to Marxism and a progressive alternative to the dominant ideological conceptions of neo-liberalism and social democracy. It explores new institutions that can democratize markets and empower individuals. For this new edition, Unger has written an introduction that explores the limits of our understanding of society and our practice of politics. [via]
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Fundamental Legal Conceptionsby David Campbell, Phillip A. Thomas, Wesley N. HohfeldISBN 185521668X (1-85521-668-X)
Hardcover, Ashgate Publishing, Limited
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Jurisprudence: Text and Readings on the Philosophy of Lawby George C. Christie, Patrick H. MartinISBN 0314056173 (0-314-05617-3)
Hardcover, West Group
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Law and Society in Malaysiaby Anwarul YaqinISBN 9678907410 (967-89-0741-0)
Hardcover, International Law Book Services
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Law and the Rise of Capitalismby Michael TigarISBN 1583670300 (1-58367-030-0)
Softcover, Monthly Review Pr
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Law in Modern Society: Toward a Criticism of Social Theoryby Roberto Mangabeira UngerISBN 0029328802 (0-02-932880-2)
Softcover, Simon & Schuster
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Law Without Values: The Life, Work, and Legacy of Justice Holmesby Albert W. AlschulerISBN 0226015211 (0-226-01521-1)
Softcover, Univ of Chicago Pr
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› Find signed collectible books: 'Law Without Values: The Life, Work, and Legacy of Justice Holmes'Book summary:In recent decades, Oliver Wendell Holmes has been praised as "the only great American legal thinker" and "the most illustrious figure in the history of American law." But in Albert Alschuler's critique of both Justice Holmes and contemporary legal scholarship, a darker portrait is paintedthat of a man who, among other things, espoused Social Darwinism, favored eugenics, and, as he himself acknowledged, came "devilish near to believing that might makes right."[via]More editions of Law Without Values: The Life, Work, and Legacy of Justice Holmes:
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Law's Empireby Ronald DworkinISBN 1841130419 (1-84113-041-9)
Softcover, Hart Pub
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› Find signed collectible books: 'Law's Empire'Book summary:With the incisiveness and lucid style for which he is renowned, Ronald Dworkin has written a masterful explanation of how the Anglo-American legal system works and on what principles it is grounded. Laws Empire is a full-length presentation of his theory of law that will be studied and debatedby scholars and theorists, by lawyers and judges, by students and political activistsfor years to come.
Dworkin begins with the question that is at the heart of the whole legal system: in difficult cases how do (and how should) judges decide what the law is? He shows that judges must decide hard cases by interpreting rather than simply applying past legal decisions, and he produces a general theory of what interpretation isin literature as well as in lawand of when one interpretation is better than others. Every legal interpretation reflects an underlying theory about the general character of law: Dworkin assesses three such theories. One, which has been very influential, takes the law of a community to be only what the established conventions of that community say it is. Another, currently in vogue, assumes that legal practice is best understood as an instrument of society to achieve its goals. Dworkin argues forcefully and persuasively against both these views: he insists that the most fundamental point of law is not to report consensus or provide efficient means to social goals, but to answer the requirement that a political community act in a coherent and principled manner toward all its members. He discusses, in the light of that view, cases at common law, cases arising under statutes, and great constitutional cases in the Supreme Court, and he systematically demonstrates that his concept of political and legal integrity is the key to Anglo-American legal theory and practice.
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Law, Liberty and Moralityby H. L. HartISBN 0804701547 (0-8047-0154-7)
Softcover, Stanford Univ Pr
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Lectures on Jurisprudenceby Adam SmithISBN 0865970114 (0-86597-011-4)
Softcover, Liberty Fund
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Legal Philosophiesby J. W. HarrisISBN 0406507163 (0-406-50716-3)
Softcover, Oxford Univ Pr
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Legal Reasoning and Political Conflictby Cass R. SunsteinISBN 0195118049 (0-19-511804-9)
Softcover, Oxford Univ Pr on Demand
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› Find signed collectible books: 'Legal Reasoning and Political Conflict'Book summary:Among the most frequently heard proposals for reform of the judicial system are those calling for strict adherence to guidelines, be they sentencing, constitutional, or otherwise. Cass Sunstein says it doesn't really work that way. Sunstein, a leading author on legal theory, has added to his body of work this well-reasoned case for variations on a theory of law known as "legal pragmatism"--an approach that gives those in the judiciary greater latitude to decide cases on a variety on grounds. This theory is used as a centerpiece for this discussion on how law, lawyers, and judges work. Sunstein moves through legal theory to examine landmark cases and practical applications. [via]
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Legality and Legitimacyby Carl Schmitt, Jeffrey Seitzer, John P. McCormickISBN 0822331748 (0-8223-3174-8)
Softcover, Duke Univ Pr
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› Find signed collectible books: 'Legality and Legitimacy'Book summary:Carl Schmitt ranks among the most original and controversial political thinkers of the twentieth century. His incisive criticisms of Enlightenment political thought and liberal political practice remain as shocking and significant today as when they first appeared in Weimar Germany. Unavailable in English until now, Legality and Legitimacy was composed in 1932, in the midst of the crisis that would lead to the collapse of the Weimar Republic and only a matter of months before Schmitts collaboration with the Nazis. In this important work, Schmitt questions the political viability of liberal constitutionalism, parliamentary government, and the rule of law. Liberal governments, he argues, cannot respond effectively to challenges by radical groups like the Nazis or Communists. Only a presidential regime subject to few, if any, practical limitations can ensure domestic security in a highly pluralistic society.[via]Legality and Legitimacy is sure to provide a compelling reference point in contemporary debates over the challenges facing constitutional democracies today. In addition to Jeffrey Seitzers translation of the 1932 text itself, this volume contains his translation of Schmitts 1958 commentary on the work, extensive explanatory notes, and an appendix including selected articles of the Weimar constitution. John P. McCormicks introduction places Legality and Legitimacy in its historical context, clarifies some of the intricacies of the argument, and ultimately contests Schmitts claims regarding the inherent weakness of parliamentarism, constitutionalism, and the rule of law.
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Legality and Legitimacy: Carl Schmitt, Hans Kelson and Hermann Heller in Weimarby David DyzenhausISBN 0198298463 (0-19-829846-3)
Softcover, Oxford Univ Pr
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Life of H.l.a. Hart: The Nightmare And the Noble Dreamby Nicola LaceyISBN 019920277X (0-19-920277-X)
Softcover, Oxford Univ Pr
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› Find signed collectible books: 'Life of H.l.a. Hart: The Nightmare And the Noble Dream'Book summary:H.L.A. Hart was the pre-eminent legal philosopher of the twentieth century. As a scholar he single-handedly reinvented the philosophy of law and revolutionized our understanding of law as a social institution. Hart's approach to legal philosophy was at once disarmingly simple and breathtakingly ambitious, combining the insights of the Utilitarian tradition and the new linguistic philosophy of J.L. Austin and Ludwig Wittgenstein. He sought to elucidate a concept of law that would be of relevance to all forms of law, wherever or whenever they arose.
This book is both an intellectual and a psychological biography, following his life from modest origins as the son of Jewish tailor parents in Yorkshire to worldwide fame as the most influential English-speaking legal theorist of the post-War era. It traces his successive metamorphoses; from Yorkshire schoolboy to Oxford scholar, successful barrister, intelligence officer, philosopher, and, finally, Professor of Jurisprudence at Oxford.
Nicola Lacey draws upon Hart's previously unpublished diaries and letters to reveal a complex interior life. Outwardly successful, Hart was in fact tormented by doubts about his intellectual abilities, his sexual identity and his capacity to form close relationships. Her biography also sheds fascinating light on the origins of his ideas, and assesses his overall contribution to the philosophy of law. Above all, it is a chronicle of a life which made an impact far greater than many of us realize.
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Lloyd's Introduction to Jurisprudenceby Michael D. A. Freeman, Dennis Lloyd Lloyd of HampsteadISBN 0421690208 (0-421-69020-8)
Hardcover, Sweet & Maxwell
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› Find signed collectible books: 'Lloyd's Introduction to Jurisprudence'Book summary:Lloyd's Introduction to Jurisprudence is the leading textbook on jurisprudence in the English-speaking world. It enables the reader to develop a good understanding of the theories of the different schools of jurisprudence and to appreciate the contributions made to legal theory by leading jurists from the Ancient Greeks to the postmodernists. As ever, it combines text and extracts from authoritative sources. The works of more than a hundred jurists are extracted from Aristotle to the LatCrits. These are supported by detailed and well-documented introductory sections - a textbook in themselves - which give critical insight into the texts. Students and their teachers will profit from having in one book a wide-ranging compendium of legal thought. This new edition contains major new chapters on Theories of Justice and Critical Race Theory. There is substantial new writing in nearly every chapter, with greater emphasis on Hart (particularly the 'Postscript' and the commentary this has provoked), on Raz, Habermas and Unger. Amongst jurists extracted for the first time in this edition are Coleman, Perry, Kramer, Nelken, Iris Marion Young and Tamanaha. There are new sections on the obligation to obey law, the legal enforcement of morality, and precedent. Legal process, legal pluralism, the private-public dualism, and corrective justice are just a few of the subjects now included for the first time. Whatever the syllabus, Lloyd's Introduction to Jurisprudence offers both text and library, enabling students and teachers to find, comprehend and evaluate the core materials, classical and contemporary, in one of the most difficult and rewarding of disciplines. [via]
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A Matter of Interpretation: Federal Courts and the Lawby Amy Gutmann, Antonin Scalia, Gordon S. Wood, Laurence H. Tribe, Ronald Dworkin, May Ann GlendonISBN 0691026300 (0-691-02630-0)
Hardcover, Princeton Univ Pr
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› Find signed collectible books: 'A Matter of Interpretation: Federal Courts and the Law'Book summary:We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. [via]
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A Matter of Interpretation: Federal Courts and the Lawby Antonin Scalia, Amy GutmannISBN 0691004005 (0-691-00400-5)
Softcover, Princeton Univ Pr
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A Matter of Principleby Ronald DworkinISBN 0674554612 (0-674-55461-2)
Softcover, Harvard Univ Pr
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› Find signed collectible books: 'A Matter of Principle'Book summary:This is a book about the interplay of urgent political issues and hotly debated questions of moral philosophy. The controversies it joins are old; but history has given them fresh shape. For example, whether judges should and do make law is now of more practical importance than ever before, as recent presidents have appointed enough justices to the Supreme Court to set its character for a generation.
With forceful style, Ronald Dworkin addresses questions about the Anglo-American legal system as protector of individual rights and as machinery for furthering the common good. He discusses whether judges should make political decisions in hard cases; the balancing of individual rights versus the good of the community; whether a person has the right to do what society views as wrong; and the meaning of equality in any framework of social justice. Dworkin strongly opposes the idea that judges should aim at maximizing social wealth. It is his conviction that the area of discretion for judges is severely limited, that in a mature legal system one can always find in existing law a right answer for hard cases.
Dworkin helps us thread our way through many timely issues such as the rights and privileges of the press under the First Amendment. He reviews the Bakke case, which tested affirmative action programs. These essays also examine civil disobedience, especially in nuclear protests, and bring new perspective to the debate over support of the arts.
Above all, this is a book about the interplay between two levels of our political consciousness: practical problems and philosophical theory, matters of urgency and matters of principle. The concluding essay on press freedom expands the discussion of conflict between principle and policy into a warning. Though some defenders of the press blend the two in order to expand freedom of speech, the confusion they create does disservice to their aim and jeopardizes the genuine and fragile right of free speech. We stand in greater danger of compromising that right than of losing the most obvious policy benefits of powerful investigative reporting and should therefore beware the danger to liberty of confusing the two. The caution is general. If we care so little for principle that we dress policy in its colors when this suits our purpose, we cheapen principle and diminish its authority.
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Morality and the Lawby Desmond M. Clarke, Radio Telefis EireannISBN 0853426694 (0-85342-669-4)
Softcover, Published in collaboration with Radio Telefis Eireann by Mercier Press
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Morality and the Lawby Richard A. WasserstromISBN 053400167X (0-534-00167-X)
Softcover, Cengage Learning College
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The Morality of Lawby Lon L. FullerISBN 0300010702 (0-300-01070-2)
Softcover, Yale Univ Pr
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Natural Law and Natural Rightsby John FinnisISBN 0198761104 (0-19-876110-4)
Softcover, Oxford Univ Pr
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Not Only for Myself: Identity, Politics, and the Lawby Martha MinowISBN 1565845137 (1-56584-513-7)
Softcover, W W Norton & Co Inc
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Original Intent and the Framers' Constitutionby Leonard W. LevyISBN 1566633125 (1-56663-312-5)
Softcover, Ivan R Dee
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Overcoming Lawby Richard A. PosnerISBN 0674649265 (0-674-64926-5)
Softcover, Harvard Univ Pr
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› Find signed collectible books: 'Overcoming Law'Book summary:Legal theory must become more factual and empirical and less conceptual and polemical, Richard Posner argues in this wide-ranging new book. The topics covered include the structure and behavior of the legal profession; constitutional theory; gender, sex, and race theories; interdisciplinary approaches to law; the nature of legal reasoning; and legal pragmatism. Posner analyzes, in witty and passionate prose, schools of thought as different as social constructionism and institutional economics, and scholars and judges as different as Bruce Ackerman, Robert Bork, Ronald Dworkin, Catharine MacKinnon, Richard Rorty, and Patricia Williams. He also engages challenging issues in legal theory that range from the motivations and behavior of judges and the role of rhetoric and analogy in law to the rationale for privacy and blackmail law and the regulation of employment contracts. Although written by a sitting judge, the book does not avoid controversy; it contains frank appraisals of radical feminist and race theories, the behavior of the German and British judiciaries in wartime, and the excesses of social constructionist theories of sexual behavior.
Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John Stuart Mill's liberalism) in politics. Brilliantly written, eschewing jargon and technicalities, it will make a major contribution to the debate about the role of law in our society.
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Philosophy of Lawby Joel Feinberg, Jules ColemanISBN 0495095052 (0-495-09505-2)
Softcover, Wadsworth Pub Co
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› Find signed collectible books: 'Philosophy of Law'Book summary:This leading anthology contains legal cases and essays written by the best scholars in legal philosophy, representing all major points of view on central topics in philosophy of law. This classic text is distinguished by its clarity, readability, balance of topics, balance of substantive positions on controversial questions, topical relevance, imaginative use of cases and stories, and the inclusion of only lightly-edited or untouched classics. This revision is marked by inclusion of many articles relevant to womenUs issues and a greater emphasis on concrete legal problems. [via]
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- Philosophy of Law: ISBN 0534008356 (0-534-00835-6)
Hardcover, Wadsworth Pub Co - Philosophy of Law: ISBN 0534061982 (0-534-06198-2)
Hardcover, Wadsworth Pub Co - Philosophy of Law: ISBN 0534239889 (0-534-23988-9)
Hardcover, Thomson Learning - Philosophy of Law: ISBN 0534524974 (0-534-52497-4)
Hardcover, Thomson Learning - Philosophy of Law: ISBN 0534584683 (0-534-58468-3)
Hardcover, Cengage Learning - Philosophy of Law: ISBN 0822101505 (0-8221-0150-5)
Hardcover, Dickenson Pub Co - Philosophy of Law: ISBN 0495095052 (0-495-09505-2)
Softcover, Wadsworth Pub Co
- Philosophy of Law: ISBN 0534008356 (0-534-00835-6)
The Problems of Jurisprudenceby Richard A. PosnerISBN 0674708768 (0-674-70876-8)
Softcover, Harvard Univ Pr
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The Province of Jurisprudence Determinedby John AustinISBN 1573928453 (1-57392-845-3)
Softcover, Prometheus Books
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Radicals in Robes: Why Extreme Right-Wing Courts are Wrong for Americaby Cass R. SunsteinISBN 0465083269 (0-465-08326-9)
Hardcover, Perseus Books Group
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Reconstructing American Lawby Bruce AckermanISBN 0674750160 (0-674-75016-0)
Softcover, Harvard Univ Pr
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Rhetoricby Aristotle, Rhys W. RobertsISBN 1420925997 (1-4209-2599-7)
Softcover, Digireads.Com
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› Find signed collectible books: 'Rhetoric'Book summary:Aristotle's "Rhetoric" is a treatise on the art of persuasive public speaking. The art of oratorical persuasion was an essential skill for the successful politician during the days of ancient Greece and Aristotle's "Rhetoric" is considered one of the greatest works from antiquity on the subject. Aristotle provides a detailed analysis of the basic elements of effective speaking in the forum of public debate. While written in the 4th century B.C. the modern student of political science and law will find much applicable to their respective disciplines. [via]
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A Short History of Western Legal Theoryby John Maurice KellyISBN 0198762437 (0-19-876243-7)
Softcover, Oxford Univ Pr
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The Spirit of Lawsby C. De MontisquieuISBN 1573929492 (1-57392-949-2)
Softcover, Prometheus Books
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› Find signed collectible books: 'The Spirit of Laws'Book summary:One of the most influential books of all time, this masterpiece of political philosophy was widely read throughout Europe, attracted an especially enthusiastic readership in England, and had a profound effect on the framers of the American Constitution. The scope of this masterful work is truly prodigious. Montesquieu explores the essentials of good government; compares and contrasts despotism, monarchy, and democracy; and discusses the factors that lead to corruption of governments. Among the many other topics considered are education of the citizenry, crime and punishment, abuse of power and of liberty, individual rights, taxation, slavery, the role of women, the influence of climate on the temper of a people and their form of government, commerce, religion, and a host of additional subjects. "The Spirit of Laws" is essential and genuinely enjoyable reading for anyone interested in the development of democracy. [via]
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The Spirit of Lawsby Charles De Secondat MontesquieuISBN 1584776072 (1-58477-607-2)
Hardcover, Lawbook Exchange Ltd
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› Find signed collectible books: 'The Spirit of Laws'Book summary:Montesquieu, Charles-Louis de Secondat, Baron de. The Spirit of Laws.
Translated from the French. With Corrections and Additions Communicated by the Author. Dublin: Printed for G. and A. Ewing and G. Faulkner, 1751. 2 Vols. Reprinted 2006 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-607-9. ISBN-10: 1-58477-607-2. Cloth. $170.
* Reprint of the first Dublin edition which followed the first English edition by one year. One of the landmark works of the eighteenth century, De L'Esprit des Lois had an immeasurable influence on jurisprudence and political thought, especially in America. It contained provocative and wide-ranging ideas on the sociology of law, the separation of political powers and the need for checks on a powerful executive office. First published in Geneva in 1748, it remains one of the most significant studies of political and legal theory ever written. [via]More editions of The Spirit of Laws:
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Sword and Scales: An Examination of the Relationship Between Law and Politicsby Martin LoughlinISBN 1901362523 (1-901362-52-3)
Softcover, Hart Pub
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› Find signed collectible books: 'Sword and Scales: An Examination of the Relationship Between Law and Politics'Book summary:This short and accessible book provides a provocative re-assessment of the various tangled relationships between law and politics and in so doing examines legal and political thinking on such critical areas as justice, the state, constitutionalism and rights. It introduces lawyers to certain important themes in some of the key texts in political thought and introduces political scientists to the legal dimensions of a number of central themes of political studies. Written by one of the leading theorists in constitutional law, the book should prove to be and indispensable companion for any student or teacher interested in law and politics. [via]
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Taking Rights Seriouslyby R. M. DworkinISBN 0674867114 (0-674-86711-4)
Softcover, Harvard Univ Pr
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› Find signed collectible books: 'Taking Rights Seriously'Book summary:What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey?
A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the ruling theory in Anglo-American lawlegal positivism and economic utilitarianismand asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority.
Mr. Dworkin criticizes in detail the legal positivists theory of legal rights, particularly H.L.A. Harts well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawlss theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even pre-empt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals.
Ronald Dworkins theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.
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Toward a Feminist Theory of the Stateby Catharine A. MacKinnonISBN 0674896467 (0-674-89646-7)
Softcover, Harvard Univ Pr
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› Find signed collectible books: 'Toward a Feminist Theory of the State'Book summary:Toward a Feminist Theory of the State presents Catharine MacKinnon's powerful analysis of politics, sexuality, and the law from the perspective of women. Using the debate over Marxism and feminism as a point of departure, MacKinnon develops a theory of gender centered on sexual subordination and applies it to the state. The result is an informed and compelling critique of inequality and a transformative vision of a direction for social change. [via]
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Utilitarianismby John Stuart MillISBN 1421928760 (1-4219-2876-0)
Softcover, Indypublish.Com
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› Find signed collectible books: 'Utilitarianism'Book summary:This volume provides a reliable text in an inexpensive edition, with notes but no additional editorial apparatus. [via]
German
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Recht, Staat, Freiheit: Studien Zur Rechtsphilosophie, Staatstheorie Und Verfassungsgeschichteby Ernst-Wolfgang BockenfordeISBN 3518285149 (3-518-28514-9)
Softcover, Suhrkamp
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Staat, Verfassung, Demokratie: Studien Zur Verfassungstheorie Und Zum Verfassungsrechtby Ernst-Wolfgang BockenfordeISBN 351828553X (3-518-28553-X)
Hardcover, Suhrkamp
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French
De l'Esprit des Loisby MontesquieuISBN 2038713316 (2-03-871331-6)
Softcover, Librairie Larousse
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Spanish
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Retoricaby AristotolesISBN 8420636428 (84-206-3642-8)
Softcover, Grupo Anaya Comercial
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