Law

Beyond Legal Reasoning: a Critique of Pure Lawyering

Author: Jeffrey Lipshaw

Publisher: Taylor & Francis

ISBN: 131541080X

Category: Law

Page: 188

View: 3140

The concept of learning to ‘think like a lawyer’ is one of the cornerstones of legal education in the United States and beyond. In this book, Jeffrey Lipshaw provides a critique of the traditional views of ‘thinking like a lawyer’ or ‘pure lawyering’ aimed at lawyers, law professors, and students who want to understand lawyering beyond the traditional warrior metaphor. Drawing on his extensive experience at the intersection of real world law and business issues, Professor Lipshaw presents a sophisticated philosophical argument that the "pure lawyering" of traditional legal education is agnostic to either truth or moral value of outcomes. He demonstrates pure lawyering’s potential both for illusions of certainty and cynical instrumentalism, and the consequences of both when lawyers are called on as dealmakers, policymakers, and counsellors. This book offers an avenue for getting beyond (or unlearning) merely how to think like a lawyer. It combines legal theory, philosophy of knowledge, and doctrine with an appreciation of real-life judgment calls that multi-disciplinary lawyers are called upon to make. The book will be of great interest to scholars of legal education, legal language and reasoning as well as professors who teach both doctrine and thinking and writing skills in the first year law school curriculum; and for anyone who is interested in seeking a perspective on ‘thinking like a lawyer’ beyond the litigation arena.
Law

Storytelling for Lawyers

Author: Philip Meyer

Publisher: Oxford University Press

ISBN: 0199910618

Category: Law

Page: 256

View: 2574

Good lawyers have an ability to tell stories. Whether they are arguing a murder case or a complex financial securities case, they can capably explain a chain of events to judges and juries so that they understand them. The best lawyers are also able to construct narratives that have an emotional impact on their intended audiences. But what is a narrative, and how can lawyers go about constructing one? How does one transform a cold presentation of facts into a seamless story that clearly and compellingly takes readers not only from point A to point B, but to points C, D, E, F, and G as well? In Storytelling for Lawyers, Phil Meyer explains how. He begins with a pragmatic theory of the narrative foundations of litigation practice and then applies it to a range of practical illustrative examples: briefs, judicial opinions and oral arguments. Intended for legal practitioners, teachers, law students, and even interdisciplinary academics, the book offers a basic yet comprehensive explanation of the central role of narrative in litigation. The book also offers a narrative tool kit that supplements the analytical skills traditionally emphasized in law school as well as practical tips for practicing attorneys that will help them craft their own legal stories.
Law

The Thin Justice of International Law

A Moral Reckoning of the Law of Nations

Author: Steven R. Ratner

Publisher: OUP Oxford

ISBN: 0191009113

Category: Law

Page: 500

View: 6109

In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.

The Politics of Law

A Progressive Critique, Third Edition

Author: David Kairys

Publisher: ReadHowYouWant.com

ISBN: 1459608216

Category:

Page: 988

View: 7090

The Politics of Law is the most widely read critique of the nature and role of the law in American society. This revised edition continues the book's concrete focus on the major subjects and fields of law. New essays on emerging fields and the latest trends and cases have been added to updated versions of the now-classic essays from earlier editions. A unique assortment of leading scholars and practitioners in law and related disciplines - political science, economics, sociology, criminology, history, and literature - raise basic questions about law, challenging long-held ideals like the separation of law from politics, economics, religion, and culture. They address such issues contextually and with a keen historical perspective as they explain and critique the law in a broad range of areas. This third edition contains essays on all of the subjects covered in the first year of law school while continuing the book's tradition of accessibility to non-law-trained readers. Insightful and powerful, The Politics of Law makes sense of the debates about judicial restraint and the range of legal controversies so central to American public life and culture.
Law

Inside Lawyers' Ethics

Author: Christine Parker,Adrian Evans

Publisher: Cambridge University Press

ISBN: 1107663717

Category: Law

Page: 320

View: 493

Inside Lawyers' Ethics is a lively and practical values-based analysis of the moral dilemmas that lawyers face. It gives lawyers the confidence to understand and actively improve their ethical priorities and behaviour when confronted with major ethical challenges. It identifies the applicable law and conduct rules and analyses them in the context of four different types of ethical lawyering: zealous advocacy, responsible lawyering, moral activism and the ethics of care. This new edition is fully updated, with a new chapter on confidentiality and new case studies and review questions. This edition also contains a self-assessment instrument designed to allow readers to recognise the type of lawyering that most appeals to them. Inside Lawyers' Ethics promotes self-awareness and offers a positive and enriching approach to problem solving, rather than one based on the 'don't get caught' principle. It is essential reading for students of law and newly qualified legal practitioners.
History

Law's Empire

Author: Ronald Dworkin

Publisher: Harvard University Press

ISBN: 9780674518360

Category: History

Page: 470

View: 9895

A renowned legal scholar presents a theory of law based on Anglo-American legal principles and practices, juridical interpretations, legal precedence, and a forcefully argued concept of political and legal integrity
Law

The Critical Legal Studies Movement

Another Time, A Greater Task

Author: Roberto Mangabeira Unger

Publisher: Verso Books

ISBN: 1781683417

Category: Law

Page: 224

View: 9955

Critical legal studies is the most important development in progressive thinking about law of the past half century. It has inspired the practice of legal analysis as institutional imagination, exploring, with the materials of the law, alternatives for society. The Critical Legal Studies Movement was written as the manifesto of the movement by its central figure. This new edition includes a revised version of the original text, preceded by an extended essay in which its author discusses what is happening now and what should happen next in legal thought. From the Trade Paperback edition.
Law

The Destruction of Young Lawyers

Beyond One L

Author: Douglas E. Litowitz

Publisher: N.A

ISBN: 9781931968317

Category: Law

Page: 163

View: 2314

Young lawyers are morosely unhappy by every conceivable standard. They arrive at our law schools brimming with enthusiasm, but a decade later they are reporting staggering levels of anxiety, drug addiction, and depression. In legal circles there is talk about a ""crisis of professionalism"" and a ""decline in civility,"" but the problem goes much deeper. Through ignorance and greed, the legal profession has designed a complicated system of education, licensing, and practice that drives young lawyers into fear, alienation, and self-hatred. The author of this book---a law professor and practicing attorney---argues that young lawyers face a series of institutional absurdities built into the fabric of law school, the bar exam, and law firm practice. The current system is churning out a tidal wave of disaffected and bitter lawyers who see the legal system as a Byzantine maze, an endless artificial game totally disconnected from considerations of justice. ""The Destruction of Young Lawyers"" shows how these struggles can be reversed through massive structural change and is the first step toward diagnosis and treatment of the specific problems facing young lawyers.
Law

The Limits of Legal Reasoning and the European Court of Justice

Author: Gerard Conway

Publisher: Cambridge University Press

ISBN: 1107001390

Category: Law

Page: 319

View: 4131

Gerard Conway explains how judges of the ECJ should be understood as sharing the same interpretative perspective as the law-maker.
Law

The Future of Law and Economics

Essays in Reform and Recollection

Author: Guido Calabresi

Publisher: Yale University Press

ISBN: 0300216262

Category: Law

Page: 248

View: 3624

In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.
Law

Legal Reasoning and Legal Theory

Author: Neil MacCormick

Publisher: Clarendon Press

ISBN: 0191018597

Category: Law

Page: 322

View: 3680

What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.
Law

Beyond the Formalist-Realist Divide

The Role of Politics in Judging

Author: Brian Z. Tamanaha

Publisher: Princeton University Press

ISBN: 9781400831982

Category: Law

Page: 264

View: 874

According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.
Philosophy

Kant's Critiques

Author: Immanuel Kant

Publisher: Simon and Schuster

ISBN: 1627932488

Category: Philosophy

Page: 726

View: 6659

One of the cornerstone books of Western philosophy, here is Kant's seminal treatise, where he seeks to define the nature of reason itself and builds his own unique system of philosophical thought with an approach known as transcendental idealism. He argues that human knowledge is limited by the capacity for perception.
Law

Legal Reason

Author: Lloyd L. Weinreb

Publisher: Cambridge University Press

ISBN: 1107153468

Category: Law

Page: 200

View: 5745

In this book, the pervasive use of analogies in the reasoning of lawyers and judges is explained in clear, simple, untechnical prose.
Law

Speaking of Language and Law

Conversations on the Work of Peter Tiersma

Author: Lawrence Solan,Janet Ainsworth,Roger W. Shuy

Publisher: Oxford University Press

ISBN: 019049266X

Category: Law

Page: 328

View: 784

Among the most prominent scholars of language and law is Peter Tiersma, a law professor at Loyola Law School with a doctorate in linguistics (co-editor of The Oxford Handbook of Language and Law). Tiersma's significant body of work traverses a variety of legal and linguistic fields. This book offers a selection of twelve of Tiersma's most influential publications, divided into five thematic areas that are critical to both law and linguistics: Language and Law as a Field of Inquiry, Legal Language and its History, Language and Civil Liability, Language and Criminal Justice, and Jury Instructions. Each paper is accompanied by a brief commentary from a leading scholar in the field, offering a substantive conversation about the ramifications of Tiersma's work and the disagreements that have often surrounded it.
Fiction

American Absurd

A Work of Fiction

Author: Pierre Schlag

Publisher: N.A

ISBN: 9780692621448

Category: Fiction

Page: 208

View: 5709

Mr. David Madden lives in L.A. He's an ordinary man. Every day, he gets up and drives to work. Only he never gets there. Instead, he drives from here to there, from Westwood to Santa Monica, Santa Monica to Venice . . . and so on. It seems he's always just going from point A to point B. Of course, driving from point A to point B--that's pretty much what people do in L.A. But then one day a mishap occurs, a breakdown of sorts, on Santa Monica Boulevard. Soon the media takes notice, and overnight Mr. Madden is transformed into a pioneering cultural figure as his "A-to-B thing" goes viral and becomes the defining issue of our time. Questions are asked, solutions offered, and blame assigned as therapists, academics, police, and lawyers all get involved. Safe to say, no one escapes unscathed in this caustic, irreverent, and hilarious social satire. Pierre Schlag is University Distinguished Professor and Byron R. White Professor of Law at the University of Colorado. He lives in the foothills of Boulder with his wife, the author Elisabeth Hyde. His three children have grown up and escaped relatively unharmed.
Psychology

Why We Work

Author: Barry Schwartz

Publisher: Simon and Schuster

ISBN: 1476784876

Category: Psychology

Page: 112

View: 2475

An eye-opening, groundbreaking tour of the purpose of work in our lives, showing how work operates in our culture and how you can find your own path to happiness in the workplace. Why do we work? The question seems so simple. But Professor Barry Schwartz proves that the answer is surprising, complex, and urgent. We’ve long been taught that the reason we work is primarily for a paycheck. In fact, we’ve shaped much of the infrastructure of our society to accommodate this belief. Then why are so many people dissatisfied with their work, despite healthy compensation? And why do so many people find immense fulfillment and satisfaction through “menial” jobs? Schwartz explores why so many believe that the goal for working should be to earn money, how we arrived to believe that paying workers more leads to better work, and why this has made our society confused, unhappy, and has established a dangerously misguided system. Through fascinating studies and compelling anecdotes, this book dispels this myth. Schwartz takes us through hospitals and hair salons, auto plants and boardrooms, showing workers in all walks of life, showcasing the trends and patterns that lead to happiness in the workplace. Ultimately, Schwartz proves that the root of what drives us to do good work can rarely be incentivized, and that the cause of bad work is often an attempt to do just that. How did we get to this tangled place? How do we change the way we work? With great insight and wisdom, Schwartz shows us how to take our first steps toward understanding, and empowering us all to find great work.
Law

From Apology to Utopia

The Structure of International Legal Argument

Author: Martti Koskenniemi

Publisher: Cambridge University Press

ISBN: 1139447645

Category: Law

Page: N.A

View: 2687

This book presents a critical view of international law as an argumentative practice that aims to 'depoliticise' international relations. Drawing from a range of materials, Koskenniemi demonstrates how international law becomes vulnerable to the contrasting criticisms of being either an irrelevant moralist Utopia or a manipulable façade for State interests. He examines the conflicts inherent in international law - sources, sovereignty, 'custom' and 'world order' - and shows how legal discourse about such subjects can be described in terms of a small number of argumentative rules. This book was originally published in English in Finland in 1989 and though it quickly became a classic, it has been out of print for some years. In 2006, Cambridge was proud to reissue this seminal text, together with a freshly written Epilogue in which the author both responds to critiques of the original work, and reflects on the effect and significance of his 'deconstructive' approach today.
Human rights

Paradigms of International Human Rights Law

Author: Aaron Xavier Fellmeth

Publisher: Oxford University Press

ISBN: 0190611278

Category: Human rights

Page: 312

View: 3456

Paradigms of International Human Rights Law explores the legal, ethical, and other policy consequences of three core structural features of international human rights law: the focus on individual rights instead of duties; the division of rights into substantive and nondiscrimination categories; and the use of positive and negative right paradigms. Part I explains the types of individual, corporate, and state duties available, and analyzes the advantages and disadvantages of incorporating each type of duty into the world public order, with special attention to supplementing individual rights with explicit individual and state duties. Part II evaluates how substantive rights and nondiscrimination rights are used to protect similar values through different channels; summarizes the nondiscrimination right in international practice; proposes refinements; and explains how the paradigms synergize. Part III discusses negative and positive paradigms by dispelling a common misconception about positive rights, and then justifies and defines the concept of negative rights, justifies positive rights, and concludes with a discussion of the ethical consequences of structuring the human rights system on a purely negative paradigm. For each set of alternatives, the author analyzes how human rights law incorporates the paradigms, the technical legal implications of the various alternatives, and the ethical and other policy consequences of using each alternative while dispelling common misconceptions about the paradigms and considering the arguments justifying or opposing one or the other.
Law

Foucault and Law

Towards a Sociology of Law as Governance

Author: Alan Hunt,Gary Wickham

Publisher: Pluto Press

ISBN: 9780745308425

Category: Law

Page: 148

View: 9745

The first work to introduce Foucault's ideas on law to both graduates and undergraduates.