THE AGES OF AMERICAN LAW THE STORRS LECTURES SERIES

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The Ages Of American Law

Author : Grant Gilmore
ISBN : 9780300211047
Genre : Law
File Size : 64.55 MB
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Following its publication in 1974, Grant Gilmore's compact portrait of the development of American law from the eighteenth century to the mid-twentieth century became a classic. In this new edition, the portrait is brought up to date with a new chapter by Philip Bobbitt that surveys the trajectory of American law since the original publication. Bobbitt also provides a Foreword on Gilmore and the celebrated lectures that inspired The Ages of American Law. "Sharp, opinionated, and as pungent as cheddar."—New Republic "This book has the engaging qualities of good table talk among a group of sophisticated and educated friends—given body by broad learning and a keen imagination and spiced with wit."—Willard Hurst
Category: Law

Patterns Of American Jurisprudence

Author : Neil Duxbury
ISBN : 9780191018763
Genre : Law
File Size : 47.99 MB
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This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has evolved as a collection of themes which reflect broader American intellectual and cultural concerns.
Category: Law

Yale Law Journal Volume 123 Number 7 May 2014

Author : Yale Law Journal
ISBN : 9781610278638
Genre : Law
File Size : 51.23 MB
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The May 2014 issue of The Yale Law Journal features new articles and essays on law and legal theory by internationally recognized scholars. Contents include: • Article, "Illegitimate Borders: Jus Sanguinis Citizenship and the Legal Construction of Family, Race, and Nation," by Kristin Collins • Article, "Legitimacy and Federal Criminal Enforcement Power," by Lauren M. Ouziel • Feature, "The Age of Consent," by Philip C. Bobbitt • Review, "Judging Justice on Appeal," by Marin K. Levy • Note, "The Growth of Litigation Finance in DOJ Whistleblower Suits: Implications and Recommendations," by Mathew Andrews • Note, "Reducing Inequality on the Cheap: When Legal Rule Design Should Incorporate Equity as Well as Efficiency," by Zachary Liscow • Note, "Domestic Violence Asylum After Matter of L-R-," by Jessica Marsden • Comment, "Beating Blackwater: Using Domestic Legislation to Enforce the International Code of Conduct for Private Military Companies," by Reema Shah This quality ebook edition features linked notes, active Contents, active URLs in notes, and proper Bluebook formatting. This May 2014 issue is Volume 123, Number 7.
Category: Law

Legal Methods

Author : Peter L. Strauss
ISBN : 1609301994
Genre : Law
File Size : 56.35 MB
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How should students begin their legal education? Professor Peter Strauss's innovative materials build on a Columbia Law School commitment reaching back to Karl Llewellyn's Bramble Bush--that legal education should start with orientation to the materials lawyers use and the institutions they deal with. Like its predecessors, the third edition builds both case analysis and statutory interpretation skills, with an increasing emphasis on the latter. After a general introduction, four chapters deal with three historical stages in American legal development Karl Llewellyn and Grant Gilmore had identified--"Discovery" at the nation's beginnings; "Faith" as judges turned formalist in the late Nineteenth Century; "Anxiety" as progressive legislation challenged judges and legal realism emerged --and "Modern Times," the current day. Each chapter presents both case and statutory materials--simple at first and gradually becoming more complex, with statutes increasingly dominating. The first three of these chapters, "Discovery," "Faith," and "Anxiety," follow the development of product liability law, wholly a common law matter, and workplace injury law, which begins in the courts and is displaced by statutes. The distribution of authority between federal and state courts, that begins with Swift v. Tyson and ends with Erie RR v. Thomson, is a secondary theme. That displacement is signaled, for teaching purposes, by the Railroad Safety Appliances Act of 1893. Innovative teaching materials reflect the realities of law practice by engaging the students with practical problems the railroads were required to solve, legislative materials they would have been attentive to, and Interstate Commerce Commission reports on the negotiated implementation of the Act, hours before they encounter the first judicial dealings with its interpretation. That they will quickly reach an understanding of the statute that initially eludes the judges is, in itself, an important lesson. "Modern Times," brings product liability developments through the ALI's Third Restatement of Torts. On the statutory side, a unit on litigation fee reimbursement, structured along the same lines as the Railway Safety Appliances Act materials, engages students in contemporary congressional materials and lawyers' briefs, in the courts' increasing struggles over interpretive technique, and in the difficulties of contemporary legislative-judicial "conversation. The interpretive debate is then revisited in extensive passages from the writings of Judge Stephen Breyer, purposivist, and John Manning, textualist, supplemented by many shorter excerpts from the literature. The chapter ends by setting three interpretive problems for students to resolve for themselves before turning the page to discover how the Supreme Court very recently resolved them. In proceeding from the early 19th Century to the greater complexities of the current day, then, the casebook explores the sources, forms, and development of law, the analysis and synthesis of judicial precedents, the interpretation of statutes, the coordination of judge-made and statute law, and the uses of legal reasoning. Understanding that today's lawyer must often deal with transactions governed by the civil law, the dominant legal system in much of the rest of the world, the casebook attempts briefly to expose the student to its development as well. With this casebook, a student will have acquired skills essential to work in other law school classes, an appreciation for the changing styles of legal analysis that American jurists have brought to their work over time, and an awareness of current disputes about the modern role of judges, particularly in relation to the work of legislatures.
Category: Law

Oliver Wendell Holmes Jr And Legal Logic

Author : Frederic R. Kellogg
ISBN : 9780226524061
Genre : Law
File Size : 28.58 MB
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With Oliver Wendell Holmes, Jr. and Legal Logic, Frederic R. Kellogg examines the early diaries, reading, and writings of Justice Oliver Wendell Holmes, Jr. (1841–1935) to assess his contribution to both legal logic and general logical theory. Through discussions with his mentor Chauncey Wright and others, Holmes derived his theory from Francis Bacon’s empiricism, influenced by recent English debates over logic and scientific method, and Holmes’s critical response to John Stuart Mill’s 1843 A System of Logic. Conventional legal logic tends to focus on the role of judges in deciding cases. Holmes recognized input from outside the law—the importance of the social dimension of legal and logical induction: how opposing views of “many minds” may converge. Drawing on analogies from the natural sciences, Holmes came to understand law as an extended process of inquiry into recurring problems. Rather than vagueness or contradiction in the meaning or application of rules, Holmes focused on the relation of novel or unanticipated facts to an underlying and emergent social problem. Where the meaning and extension of legal terms are disputed by opposing views and practices, it is not strictly a legal uncertainty, and it is a mistake to expect that judges alone can immediately resolve the larger issue.
Category: Law

Natural Law And Natural Rights

Author : John Finnis
ISBN : 9780191021541
Genre : Law
File Size : 55.99 MB
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First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal contribution to the philosophy of law, and an authoritative restatement of natural law doctrine. It has offered generations of students and other readers a thorough grounding in the central issues of legal, moral, and political philosophy from Finnis's distinctive perspective. This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to develop and refine the original theory. The book closely integrates the philosophy of law with ethics, social theory and political philosophy. The author develops a sustained and substantive argument; it is not a review of other people's arguments but makes frequent illustrative and critical reference to classical, modern, and contemporary writers in ethics, social and political theory, and jurisprudence. The preliminary First Part reviews a century of analytical jurisprudence to illustrate the dependence of every descriptive social science upon evaluations by the theorist. A fully critical basis for such evaluations is a theory of natural law. Standard contemporary objections to natural law theory are reviewed and shown to rest on serious misunderstandings. The Second Part develops in ten carefully structured chapters an account of: basic human goods and basic requirements of practical reasonableness, community and 'the common good'; justice; the logical structure of rights-talk; the bases of human rights, their specification and their limits; authority, and the formation of authoritative rules by non-authoritative persons and procedures; law, the Rule of Law, and the derivation of laws from the principles of practical reasonableness; the complex relation between legal and moral obligation; and the practical and theoretical problems created by unjust laws. A final Part develops a vigorous argument about the relation between 'natural law', 'natural theology' and 'revelation' - between moral concern and other ultimate questions.
Category: Law

Ordinary Vices

Author : Judith N. Shklar
ISBN : 0674641752
Genre : Philosophy
File Size : 28.12 MB
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A look at political ethics covers cruelty, hypocrisy, snobbery, betrayal and misanthropy, and is accompanied by a description of modern public opinion about these vices
Category: Philosophy

Why Nudge

Author : Cass R. Sunstein
ISBN : 9780300197860
Genre : Business & Economics
File Size : 71.93 MB
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The best-selling author of Simpler offers an argument for protecting people from their own mistakes.
Category: Business & Economics

An Introduction To The Philosophy Of Law

Author : Roscoe Pound
ISBN : 9781584773276
Genre : Law
File Size : 24.10 MB
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Pound, Roscoe. An Introduction to the Philosophy of Law. New Haven: Yale University Press, 1922. 307 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002044351. ISBN 1-58477-327-8. Cloth. $70. * Pound's Introduction outlines the philosophical foundations that support Anglo-American common law. A written version of the Storrs Lectures delivered at Yale University during the academic year 1921-1922. "Dean Pound has given us a clear, concise introduction to the philosophy of the law. It is so concise that it is impossible to summarize it so as to give any idea of its wealth of learning....An excellent, impartial and concise presentation of the subject..." William Herbert Page, Harvard Law Review 36:115-117 cited in Marke, A Catalogue of the Law Collection at New York University (1953) 922.
Category: Law