Author: Scott Veitch,Emilios Christodoulidis,Marco Goldoni
Jurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is presented in three parts each of which contains General Themes, Advanced Topics, tutorial questions and guidance on further reading: Law and Politics, locating the place of law within the study of institutions of government Legal Reasoning, examining the contested nature of the application of law Law in Modernity, exploring the social forces that shape legal development. This second edition includes enhanced discussion of the rise of legal positivism within the context of the rise of the modern state, the changing role of natural and human rights discourse, concepts of justice in and beyond the nation state, the impact of emergency doctrines in contemporary legal regulation, and challenges to the rule of law in light of shifting and competing demands for new types of social solidarity. Accessible, interdisciplinary, and socially informed this book has been revised to take into account the latest developments in jurisprudential scholarship.
Despite widespread admiration for the First Amendment's protection of speech, this iconic feature of American legal thought has never been adequately theorized. Existing theories of speech proceed on the basis of legal doctrine and judicial decisionmaking, social and political philosophy, or legal and intellectual history. But these are not the disciplines one would most naturally turn to in analyzing speech. Meaning in Law: A Theory of Speech takes a new and different approach. This book develops a general legal theory of speech on the basis of linguistic theory and the philosophy of language. The opening chapters retrace the main conceptual stages in the expression of meaning: from natural meaning, through symbolism, to signification. Later chapters analyze symbolic speech (communication by nonlinguistic means) as the key to developing an intention-based theory of speech. The essential elements of the theory are (1) nonnatural meaning, (2) the signaling of intent, (3) the recognition of intent, and (4) establishing a convention. A final chapter applies these insights to the case law of symbolic speech and resolves some basic confusions in the legal literature. This analysis proceeds by way of an original distinction between actual conduct (in the real world) and the "ideal conduct" described in a statute. The former may be described both as communicative and noncommunicative, while the latter has already been conceptualized as either communicative or noncommunicative. This distinction clears up a major legal quandary: how conduct that counts as communication may nevertheless be regulated or prohibited, without running afoul of the First Amendment's protection of speech.
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.
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In this completely revised and updated classic, Professors Roberts and Springer, along with 51 justice-oriented and forensic experts, have set the standard of care for mental health treatment and the delivery of social services to crime victims, juvenile and adult offenders, and their families. The second edition of Social Work in Juvenile and Criminal Justice Settings was published almost ten years ago in 1997, and was also translated to Chinese. Now Dr. Roberts, Dr. Springer, and their team of 51 prominent chapter authors have done such a thorough job of updating and finding new authors, that the end result is a comprehensive new book. In this third edition, 16 of the 31 chapters are new and specially written for this book. A growing number of mental health professionals are recognizing the need to examine current evidence-based program developments, assessment, and treatment practices with crime victims and offenders. This book focuses on the multiple roles and practices of justice social workers, also known as forensic social workers and crisis counselors. Many professional social workers, counselors and field placement students work in corrections and probation, forensic mental health, addictions treatment, juvenile justice, victim assistance, and police social work settings. In the words of Dean Barbara W. White (former President, Council on Social Work Education, and NASW) in her laudatory Foreword to this edition: "This groundbreaking book provides the necessary blueprints and guidelines for best practices with crime victims as well as juvenile and adult offenders in institutional, community- based, diversion, and aftercare programs. . . . This is the first all-inclusive, authoritative, exceptionally well-written volume on social policies and social work practices in both juvenile justice and criminal justice settings. . . . This book is a landmark achievement." An increasing number of offenders and victims have been found to be
Piety, Politics, and Pluralism skillfully confronts the question: Is liberal democracy hostile to religion or is it compatible with the rights of believers? Prominent scholars analyze the controversy about religious freedom by examining two areas at the intersection of religion and politics in contemporary American society: the Supreme Court's 1990 decision in Oregon v. Smith and the events of the 2000 presidential campaign. Their essays remind us that in an increasingly pluralistic society, Americans must work continually to reconcile religious commitment and political obligation. Piety, Politics, and Pluralism is a groundbreaking work that will be indispensable to students of religion and politics, American politics, and constitutional law.
Talk about law often includes reference to ideals of justice, equality or freedom. But what do we refer to when we speak about ideals in the context of law? This book explores the concept of ideals by combining an investigation of different theories of ideals with a discussion of the role of ideals in law. A comparison of the theories of Gustav Radbruch and Philip Selznick leads up to a pragmatist theory of legal ideals, which provides an interesting new position in the debate about values in law between legal positivists and natural law thinkers. Attention for law's central ideals enables us to understand law's autonomous character, while at the same time tracing its connection to societal values. Essential reading for anyone interested in the role of values or ideals in law.
This volume consists of outstanding essays by contemporary scholars and specialists on classic writings in law and society. This second edition expands the previous volume by adding additional statements. Included are commentaries on Edward A. Ross’s Social Control: A Survey of the Foundations of Order, Karl N. Llewellyn’s Jurisprudence: Realism in Theory and Practice, Jerome Frank’s Law and the Modern Mind, Leon Petrazycki’s Law and Morality, and Karl Renner’s The Institutions of Private Law and their Social Functions. The goal of Classic Writings in Law and Society is to acquaint a new generation of students with classic writings by diverse social and legal scholars—ranging from Henry Sumner Maine, Oliver Wendell Holmes, Jr., and Hans Kelsen to Eugen Ehrlich, Nicholas S. Timasheff, and Richard Quinney. This work continues to demonstrate their contemporary theoretical relevance. Accordingly, each chapter speaks of the scholars’ work in general, how the particular book under consideration fits into that corpus, and how the book is assessed in a present day context. These essays have a clear relation to the "classic" tradition in sociolegal thought. Reading the classics is useful in gaining a better understanding and appreciation of the essential foundation for a post-classic approach in law and social inquiry—an approach that can be found in such orientations as critical legal studies, chaos theory in law, and legal semiotics. Classic Writings in Law and Society includes commentaries that consider early writings that set the standard for the social scientific approach in examining issues of law and punishment, social control, joint stock companies, business firms and nation-states in the study of law and society.
Tavistock Press was established as a co-operative venture between the Tavistock Institute and Routledge & Kegan Paul (RKP) in the 1950s to produce a series of major contributions across the social sciences. This volume is part of a 2001 reissue of a selection of those important works which have since gone out of print, or are difficult to locate. Published by Routledge, 112 volumes in total are being brought together under the name The International Behavioural and Social Sciences Library: Classics from the Tavistock Press. Reproduced here in facsimile, this volume was originally published in 1980 and is available individually. The collection is also available in a number of themed mini-sets of between 5 and 13 volumes, or as a complete collection.
Political Science by Lal Kurukulasuriya,Nicholas A. Robinson
Offers an overview of the body of environmental law. This report is intended for legal stakeholders from various backgrounds including government representatives, judges, university professors and students to enable them to more effectively participate in the global, regional and national efforts to preserve the Earth for future generations.
In this widely acclaimed landmark study, Joan Hoff illustrates how women remain second- class citizens under the current legal system and questions whether the continued pursuit of equality based on a one-size-fits-all vision of traditional individual rights is really what will most improve conditions for women in America as they prepare for the twenty-first century. Concluding that equality based on liberal male ideology is no longer an adequate framework for improving women's legal status, Hoff's highly original and incisive volume calls for a demystification of legal doctrine and a reinterpretation of legal texts (including the Constitution) to create a feminist jurisprudence.
Philosophy by Damiano Canale,Paolo Grossi,Hasso Hofmann,Patrick Riley
TO VOLUMES 9 AND 10 OF THE TREATISE I am happy to present here the third batch of volumes for the Treatise project: This is the batch consisting of Volumes 9 and 10, namely, A History of the P- losophy of Law in the Civil Law World, 1600–1900, edited by Damiano Canale, Paolo Grossi, and Hasso Hofmann, and The Philosophers’ Philosophy of Law from the Seventeenth Century to Our Days, by Patrick Riley. Three v- umes will follow: Two are devoted to the philosophy of law in the 20th c- tury, and the third one will be the index for the entire Treatise, which will 1 therefore ultimately comprise thirteen volumes. This Volume 9 runs parallel to Volume 8, A History of the Philosophy of Law in the Common Law World, 1600–1900, by Michael Lobban, published in 2007. Volume 10, for its part, takes up where Volume 6 left off: which appeared under the title A History of the Philosophy of Law from the Ancient Greeks to the Scholastics (edited by Fred Miller Jr. in association with Carrie-Ann Biondi, likewise published in 2007), and which is mainly a history of the p- losophers’ philosophy of law (let us refer to this philosophy as A).
Political Science by Phillippe Nonet,Philip Selznick
Explains the primary forms of law as a social, political and normative phenomenon. The authors illustrate the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity.
Robert S. Summers is a distinguished legal theorist whose work has had significant practical influence in Europe as well as the United States. The study of form and substance in law, the theme of this collection, marks his most distinctive contributions to legal philosophy over four decades.
Petrazycki's socio-psychic orientation toward law is behavioral as well as thoughtful. He finds the most suitable methods for obtaining knowledge about legal experiences to be internal and external observation. His technique of introspection is similar to Max Weber's conceptual method. Petrazycki distinguishes between two kinds of interpretive understanding. External observation involves deriving the meaning of an act or symbolic expression from immediate observation without reference to any broader context, and internal observation involves placing the particular act in a broader context of meaning involving facts that cannot be derived from a particular act or expression. --