Kategoria BISAC: Law >> Jurisprudence

• Gathers together some of the most important articles in the field of philosophy of law and legal theory.


• Complements Dennis Patterson's A Companion to Philosophy of Law and Legal Theory (Blackwell, 1999).
  
• Represents essential reading for the beginning law student.

• Gathers together some of the most important articles in the field of philosophy of law and legal theory.


• Complements Dennis Patterson's A Companion to Philosophy of Law and Legal Theory (Blackwell, 1999).
  
• Represents essential reading for the beginning law student.

• Examines the relationship between law and social interactions in thirty-three original essay by international experts in the field.
  
• Reflects the world-wide significance...

Death, wrote Walter Benjamin, lends storytellers all their authority. How do trials, in turn, borrow their authority from death? This book offers a groundbreaking account of the surprising interaction between trauma and justice.

Moving from texts by Arendt, Benjamin, Freud, Zola, and Tolstoy to the Dreyfus and Nuremberg trials, as well as the trials of O. J. Simpson and Adolf Eichmann, Shoshana Felman argues that the adjudication of collective traumas in the twentieth century transformed both culture and law. This transformation took place through legal cases that put history itself...

This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of...

Until now there has been no summary or overview of the wide range of work contributing to critical legal studies, the movement that has aroused such a furor in the communities of law and political philosophy. This book outlines and evaluates the principal strands of critical legal studies, and achieves much more as well.

A good deal of the writing in critical legal studies has been devoted to laying bare the contradictions in liberal thought. There have been attacks and counterattacks on the liberal position and on the more conservative law and economics position. Now Mark Kelman...

Can the Supreme Court be free of politics? Do we want it to be? Normative constitutional theory has long concerned itself with the legitimate scope and limits of judicial review. Too often, theorists seek to resolve that issue by eliminating politics from constitutional decisionmaking. In contrast, Terri Peretti argues for an openly political role for the Supreme Court.

Peretti asserts that politically motivated constitutional decisionmaking is not only inevitable, it is legitimate and desirable as well. When Supreme Court justices decide in accordance with their ideological...

Hadley Arkes argues that it is necessary to move "beyond the Constitution," to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law.