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Rethinking Historical Jurisprudence

2022-10-18 Law
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Release : 2022-10-18
Genre : Law
Kind : eBook
Book Rating : 746/5 ( reviews)

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Book Synopsis Rethinking Historical Jurisprudence by : Samuel, Geoffrey

Download or read book Rethinking Historical Jurisprudence written by Samuel, Geoffrey. This book was released on 2022-10-18. Available in PDF, EPUB and Kindle. Book excerpt: 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

2022-04-04 Philosophy
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Release : 2022-04-04
Genre : Philosophy
Kind : eBook
Book Rating : 885/5 ( reviews)

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Book Synopsis Rethinking Rights by : Eleanor Curran

Download or read book Rethinking Rights written by Eleanor Curran. This book was released on 2022-04-04. Available in PDF, EPUB and Kindle. Book excerpt: Re-thinking Rights: Historical Development and Philosophical Justificationtakes a new look at the history of individual rights, focussing on the way that philosophers have written that history. The scholastics and early modern writers used the notion of natural rights to debate the big moral and political questions of the day, such as the treatment of Indigenous Americans under Spanish rule. John Locke put natural rights at the centre of liberal political thought. But as the idea grew in strength and influence, empiricist and positivist philosophers punctured it with attacks of logical incompetence and illegitimate appeals to theology and metaphysics. Philosophers then turned to law and jurisprudence for the philosophical analysis of rights, where it has largely stayed ever since. Eleanor Curran argues that the dominance of the Hohfeldian analysis of (legal) rights has restricted our understanding of moral and political rights and led to distorted readings of historical writers on rights. It has also led to the separation of right from the important related notion of liberty—freedoms are now seen as inferior to claims. Curran looks at recent philosophy of human rights and suggests a way forward for justifying universal moral and political rights and separating them from legal rights.

Outlines of Historical Jurisprudence

1920 Law
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Release : 1920
Genre : Law
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Outlines of Historical Jurisprudence by : Paul Vinogradoff

Download or read book Outlines of Historical Jurisprudence written by Paul Vinogradoff. This book was released on 1920. Available in PDF, EPUB and Kindle. Book excerpt:

Rethinking Legal Reasoning

2018-08-31
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Release : 2018-08-31
Genre :
Kind : eBook
Book Rating : 600/5 ( reviews)

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Book Synopsis Rethinking Legal Reasoning by : Geoffrey Samuel

Download or read book Rethinking Legal Reasoning written by Geoffrey Samuel. This book was released on 2018-08-31. Available in PDF, EPUB and Kindle. Book excerpt: '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 the Jurisprudence of Cyberspace

2018 LAW
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Release : 2018
Genre : LAW
Kind : eBook
Book Rating : 294/5 ( reviews)

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Book Synopsis Rethinking the Jurisprudence of Cyberspace by : Chris Reed

Download or read book Rethinking the Jurisprudence of Cyberspace written by Chris Reed. This book was released on 2018. Available in PDF, EPUB and Kindle. Book excerpt: Cyberspace is a difficult area for lawyers and lawmakers. With no physical constraining borders, the question of who is the legitimate lawmaker for cyberspace is complex. Rethinking the Jurisprudence of Cyberspace examines how laws can gain legitimacy in cyberspace and identifies the limits of the law’s authority in this space.

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