Karl Llewellyn and the Realist Movement


Author: William Twining
Publisher: Cambridge University Press
ISBN: 1107023386
Category: Law
Page: 630
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First published in 1973, Karl Llewellyn and the Realist Movement is a classic account of American Legal Realism and its leading figure. Karl Llewellyn is the best known and most substantial jurist of the group of lawyers known as the American Realists. He made important contributions to legal theory, legal sociology, commercial law, contract law, civil liberties and legal education. This intellectual biography sets Llewellyn in the broad context of the rise of the American Realist Movement and contains an overview of his life before focusing on his most important works, including The Cheyenne Way, The Bramble Bush, The Common Law Tradition and the Uniform Commercial Code. In this second edition the original text is supplemented with a preface by Frederick Schauer and an afterword in which William Twining gives a fascinating account of the making of the book and comments on developments in relevant legal scholarship over the past forty years.

Law's Ethical, Global and Theoretical Contexts

Essays in Honour of William Twining
Author: Upendra Baxi,Christopher McCrudden,Abdul Paliwala
Publisher: Cambridge University Press
ISBN: 1316404765
Category: Law
Page: N.A
View: 5364

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Law's Ethical, Global and Theoretical Contexts examines William Twining's principal contributions to law and jurisprudence in the context of three issues which will receive significant scholarly attention over the coming decades. Part I explores human rights, including torture, the role of evidence in human rights cases, the emerging discourse on 'traditional values', the relevance of 'Southern voices' to human rights debates, and the relationship between human rights and peace agreements. Part II assesses the impact of globalization through the lenses of sociology and comparative constitutionalism, and features an analysis of the development of pluralistic ideas of law in the context of privatization. Finally, Part III addresses issues of legal theory, including whether global legal pluralism needs a concept of law, the importance of context in legal interpretation, the effect of increasing digitalization on legal theory, and the utility of feminist and postmodern approaches to globalization and legal theory.

Jurist in Context


Author: William Twining
Publisher: Cambridge University Press
ISBN: 1108480977
Category: Biography & Autobiography
Page: 404
View: 8025

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A leading English jurist reflects on the development of his thoughts and writings in legal theory over sixty years.

The Theory of Rules


Author: Karl N. Llewellyn,Frederick Schauer
Publisher: University of Chicago Press
ISBN: 0226487954
Category: Law
Page: 157
View: 2146

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Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn’s thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are “pretty playthings.” Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules. This book frames the development of Llewellyn’s thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law’s larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn’s writings and will prove a valuable contribution to the existing literature on legal realism.

Proprietary Remedies in Context

A Study in the Judicial Redistribution of Property Rights
Author: Craig Rotherham
Publisher: Hart Publishing
ISBN: 1841131652
Category: Law
Page: 354
View: 2165

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This volume examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust in the context of contracts to assign property, and the breakdown of intimate relationships.

Health Care Law-making in Central and Eastern Europe

Review of a Legal-theoretical Model
Author: André Pieter den Exter,André den Exter
Publisher: Intersentia nv
ISBN: 9050952534
Category: Law
Page: 371
View: 3054

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Most of the European countries are confronted with health care system reforms. In Central and Eastern Europe, however, the countries face specific challenges. Whereas "socialist" governments traditionally have been deeply involved in all facets of health care, the general process of initiated market-oriented reforms has also affected the nature and scope of government intervention in health care. Stimulated by the successes of concepts such as decentralisation, deregulation, and privatisation in order to create a more flexible market economy, policy-makers also began to apply such notions to the health care sector. The experiences in the early 1990s however, revealed certain devastating effects of transposing the general concept of market competition to the field of health care. One valuable lesson of those developments was that liberalising relations in health care necessitates a certain degree of government intervention. Furthermore, the nature and scope of Central and Eastem European health care reforms differed from country to country with no uniform "blueprint" for reform, derived from emulating Western European experiences, being readily available. Nevertheless, previous experiences in reforming health care may provide us with valuable lessons. Their significanee needs, nonetheless, to be reviewed in accordance with specific national setting.

Law in a Social Context

Liber Amicorum Honouring Professor Lon L. Fuller
Author: Lon Luvois Fuller,Thomas W. Bechtler
Publisher: Brill Archive
ISBN: 9789026809736
Category: Law
Page: 228
View: 9447

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Law and Semiotics


Author: Roberta Kevelson
Publisher: Springer Science & Business Media
ISBN: 1461307716
Category: Law
Page: 382
View: 610

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of those problems in law which we inherit and/or retrieve in order to reconstruct and interpret in the light of legal semiotics, however defined. In addition to three main areas of underlying metaphysical assumptions there are also three main areas of possible editorial focus and these should be mentioned. The three areas of focus are: 1) the state-of-the-art of legal semiotics; 2) the dynamic, intense and exceptionally interactive quality of conference participation, and 3) the content of the papers presented which is the material of this volume. My choice of this triad of focal possibilities is to exclude the last since the papers speak for themselves and need but a brief reportorial caption. I also eliminate the second possible focus as the main focus since the discussion was not taped for editing into this volume and must remain for all those who participated a quality of scholarly meetings to be remembered, savored and hoped for. My main focus is on the "state-of-the-art" of legal semiotics. II At the conclusion of the First Round Table on Law and Semiotics (1987) it was noted that there were no working paradigms, in Kuhn's sense, that thus far emerged but rather that several problematic areas were disclosed which warrant attention. Therefore the first concern of Legal Semiotics should be to address the surface, i. e.

Implicit Dimensions of Contract

Discrete, Relational and Network Contracts
Author: David Campbell,Hugh Collins,John Wightman
Publisher: Hart Publishing
ISBN: 1841133493
Category: Law
Page: 401
View: 4064

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This collection of essays, derived from an international workshop, explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements, ranging from simple discrete transactions to long-term associational agreements such as those formed in companies. An interdisciplinary and comparative approach is used to investigate how the law comprehends and gives effect to these implicit dimensions of contracts. The significance of this enquiry is found not only in relation to the interpretation of contracts in many different contexts, but more fundamentally in how social practices involved in making contracts should be analyzed and comprehended.

Law in the U.S.A. for the 1980s

reports from the United States of America on topics of major concern as established for the XI Congress of the International Academy of Comparative Law
Author: John Newbold Hazard,Wenceslas J. Wagner,American Association for the Comparative Study of Law,International Academy of Comparative Law
Publisher: N.A
ISBN: N.A
Category: Comparative law
Page: 619
View: 7800

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Legal Realism

American and Scandinavian
Author: Michael Martin
Publisher: Peter Lang Pub Incorporated
ISBN: N.A
Category: Law
Page: 242
View: 8312

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Martin (philosophy, Boston U.) critically compares and evaluates two versions of an important movement in early 20th-century legal thought. For both he recounts its origins and early development, surveys its main proponents, and considers it as a research program. He also looks at its influence on critical legal studies. Annotation c. by Book News, Inc., Portland, Or.

English Legal System in Context


Author: Fiona Cownie,Anthony Bradney
Publisher: N.A
ISBN: N.A
Category: Courts
Page: 362
View: 2969

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A study of the English legal system. This new edition brings the book up to date with changes in the law since the first edition. Major developments include the Human Rights Act 1998, the Woolf Reforms of civil justice, the funding of civil litigation and developments in criminal justice.