Jurist in Context

Jurist in Context
Author: William Twining
Publisher: Cambridge University Press
Total Pages: 415
Release: 2019-02-14
Genre: Biography & Autobiography
ISBN: 1108480977

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

Karl Llewellyn and the Realist Movement

Karl Llewellyn and the Realist Movement
Author: William Twining
Publisher: Cambridge University Press
Total Pages: 667
Release: 2012-09-17
Genre: Biography & Autobiography
ISBN: 1107023386

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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 in Context

Law in Context
Author: Robert Stevens (juriste).)
Publisher:
Total Pages:
Release: 19??
Genre:
ISBN:

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Great Christian Jurists in English History

Great Christian Jurists in English History
Author: Mark Hill
Publisher: Cambridge University Press
Total Pages: 621
Release: 2017-06-09
Genre: Law
ISBN: 1108135986

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The Great Christian Jurists series comprises a library of national volumes of detailed biographies of leading jurists, judges and practitioners, assessing the impact of their Christian faith on the professional output of the individuals studied. Little has previously been written about the faith of the great judges who framed and developed the English common law over centuries, but this unique volume explores how their beliefs were reflected in their judicial functions. This comparative study, embracing ten centuries of English law, draws some remarkable conclusions as to how Christianity shaped the views of lawyers and judges. Adopting a long historical perspective, this volume also explores the lives of judges whose practice in or conception of law helped to shape the Church, its law or the articulation of its doctrine.

The Great Juristic Bazaar

The Great Juristic Bazaar
Author: William Twining
Publisher: Routledge
Total Pages: 781
Release: 2017-09-08
Genre: History
ISBN: 135154375X

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Some law students find jurisprudence daunting, impersonal, dry and seemingly detached from practical affairs. William Twining believes that many jurists have been fascinating people struggling with questions that are both historically significant and relevant to contemporary issues. This book brings together previously published essays that centre on three related themes: reading Juristic texts, the role of narrative in law, and relations between theory and practice. Building on a pragmatic view of jurisprudence, the author explores different ways of reading and using Juristic texts, to set them in context, to bring them to life and to engage with the reader's own concerns. He applies this approach to throw fresh light on four familiar figures - Holmes, Bentham, Hart and Llewellyn. Challenging limited agendas and parochial points of view, Twining outlines a programme for a broad approach to legal theory in the context of globalization. He satirizes some bad habits in jurisprudence and explores in depth how stories can be seductive vehicles for cheating in legal contexts, yet are essential for making sense of disputes about fact or law.

Rethinking Evidence

Rethinking Evidence
Author: William Twining
Publisher: Cambridge University Press
Total Pages: 37
Release: 2006-06-01
Genre: Law
ISBN: 1139453211

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The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.

The Global Lawyer

The Global Lawyer
Author: K & CASTAN GALLOWAY (M & FLOOD, J.)
Publisher:
Total Pages:
Release: 2019
Genre:
ISBN: 9780409348576

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Contemporary legal practice faces the paradox of both fragmentation and consolidation through the effects of globalisation of legal services, of clients, and arguably of the law itself. Increasingly, thanks to rapid developments in technology, non-lawyers also deliver legal services. At the convergence of these influences, lawyers increasingly work outside their `home¿ jurisdiction: travelling and working internationally, managing matters for international clients, or dealing with laws that bear an international context. They also face competition from law start-ups that are unconstrained by jurisdiction, and consequently lawyers¿ work includes interdisciplinary technology-related contexts. This innovative work represents a research-based approach to identifying legal practitioners¿ skill-sets necessary to deal successfully with the wide range of issues encountered in the delivery of legal services in the contemporary global environment. The research foundation of this work is presented within a clear structure designed to develop the intellectual and practical skills of law graduates and early career lawyers in particular, that are necessary to transition from a domestic legal practitioner to a lawyer equipped to practise in diverse global contexts. It challenges the reader through the use of targeted case studies, identifying the requisite knowledge, skills and attributes to promote ethical global citizenship and a professional, global outlook. Topics covered include cultural competence, diverse digital contexts of legal practice, notions of professionalism and ethics in the global context, and more.

Searching for Contemporary Legal Thought

Searching for Contemporary Legal Thought
Author: Justin Desautels-Stein
Publisher: Cambridge University Press
Total Pages: 596
Release: 2017-12-28
Genre: Law
ISBN: 1108365221

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For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles Sabel and William Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.

Carl Schmitt Between Technological Rationality and Theology

Carl Schmitt Between Technological Rationality and Theology
Author: Hugo E. Herrera
Publisher: SUNY Press
Total Pages: 212
Release: 2020-06-01
Genre: Law
ISBN: 1438478771

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Carl Schmitt, one of the most influential legal and political thinkers of the twentieth century, is known chiefly for his work on international law, sovereignty, and his doctrine of political exception. This book argues that greater prominence should be given to his early work in legal studies. Schmitt himself repeatedly identified as a jurist, and Hugo E. Herrera demonstrates how for Schmitt, law plays a key role as an intermediary between ideal, conceptual theory and the complexity of practical, concrete situations. Law is concerned precisely with balancing the extremes of theory and reality, and in this respect, Schmitt associates it with philosophical thinking broadly as being able to understand and explain the tensions in human experience. Reviewing and analyzing prevailing interpretations of Schmitt by Jacques Derrida, Heinrich Meier, and others, Herrera argues that the importance of Schmitt's legal framework is both significant and overlooked.

How to Do Things with Rules

How to Do Things with Rules
Author: William Twining
Publisher: Cambridge University Press
Total Pages: 451
Release: 2010-05-20
Genre: Law
ISBN: 1139488244

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New to English law? Need to know how rules are made, interpreted and applied? This popular and well-established textbook will show you how. It simplifies legal method by combining examples with an account of rules in general: the who, what, why and how of interpretation. Starting with standpoint and context, it identifies factors that give rise to doubts about the interpretation of a rule and recommends a systematic approach to analysing those factors. Questions and exercises integrated in the text and on the accompanying website will help you to develop skills in reading, interpreting and arguing about legal and other rules. The text is fully updated on developments in the legislative process and the judicial interpretation of statutes and precedent. It includes a new chapter on 'The European Dimension' reflecting the changes brought about by the Human Rights Act 1998.