The Province of Jurisprudence Determined by John Austin

The Province of Jurisprudence Determined by John Austin
Author: David Campbell
Publisher: Routledge
Total Pages: 261
Release: 2020-11-23
Genre:
ISBN: 9780367027513

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First published in 1998, this text is the prefatory first part of Austin's Lectures on Jurisprudence or the Philosophy of Positive Laws and first appeared separately from the Lectures in 1832. This volume reproduces the standard text of The Province from Robert Campbell's fifth edition, published in 1885, and clarifies the structure and readability of the text, retaining Austin's 'Analysis' as a whole at the start of the book. John Austin (1790-1859) was the first professor of jurisprudence at the University of London, which is now University College. His classic, The Province of Jurisprudence Determined, was derived from his course lectures. Austin took great pride in his ability to clearly delineate the study of law. Austin took a surgical approach and created a stripped down view of material central to the study of law. While this approach overlooks the ambiguity inherent in interpretations of law, it nevertheless stands as a landmark work and provides an excellent starting point for any deeper inquiry into the subject of jurisprudence.

Lectures on Jurisprudence

Lectures on Jurisprudence
Author: John Austin
Publisher:
Total Pages: 678
Release: 1873
Genre: Jurisprudence
ISBN:

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The Province of Legislation Determined

The Province of Legislation Determined
Author: David Lieberman
Publisher: Cambridge University Press
Total Pages: 332
Release: 2002-07-18
Genre: History
ISBN: 9780521528542

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A comprehensive account of English legal thought in the age of Blackstone and Bentham for nearly a century, The Province of Legislation Determined advances an ambitious reinterpretation of eighteenth-century attitudes to social change and law reform. Professor Lieberman's bold synthesis rests on a wide survey of legal materials and on a detailed discussion of Blackstone's Commentaries, the jurisprudence of Lord Kames and the Scottish Enlightenment, the chief justiceship of Lord Mansfield, the penal theories of Eden and Romilly, and the legislative science of Jeremy Bentham. The study relates legal developments to the broader fabric of eighteenth-century social and political theory, and offers a novel assessment of the character of the common law tradition and of Bentham's contribution to the ideology of reform.

Reinventing American Jurisprudence

Reinventing American Jurisprudence
Author: George David Miller
Publisher: Rowman & Littlefield
Total Pages: 317
Release: 2021-11-05
Genre: Law
ISBN: 1793639418

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In Reinventing American Jurisprudence: Law through the Lens of Value, George David Miller and Laura Brown unfurl an original approach to value and an imaginative landscape in philosophy of law. Value essentialism identifies value formations such as a sacred cow and scapegoat tandem and the intensification of “oughtness” as it approaches sacred zenith values. Readers learn how Occam’s razor has been responsible for the death of many ideas; how the celebrated Other gains nuance as near and remote; and where a spectral assessment of probability and necessity leads. Analyses of Supreme Court cases grow out in different and exciting directions. Buck was not about eugenics, but another iteration of the value of efficiency and Yo Wick was decided less on law and more on a justice’s finding humanity in Chinese laundry mat proprietors. Lochner involved not an ideological binary but three distinct value schemes. “Separate but equal” was refined as parallelism and exploitative tangents. In Brown, the Fourteenth Amendment took a significant subjective turn. In Heller, the communitarian position of stopping violence before it began could be contrasted with the individualistic position of waiting until you see the whites of their eyes in your bedroom. Citizens United was distilled into the question: was the First Amendment designed to maximize participation or maximize democracy?

The Threats of Algorithms and AI to Civil Rights, Legal Remedies, and American Jurisprudence

The Threats of Algorithms and AI to Civil Rights, Legal Remedies, and American Jurisprudence
Author: Alfred R. Cowger
Publisher: Rowman & Littlefield
Total Pages: 277
Release: 2020-10-06
Genre: Law
ISBN: 1793622922

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The Threats of Algorithms and A.I. to Civil Rights, Legal Remedies, and American Jurisprudence addresses the many threats to American jurisprudence caused by the growing use of algorithms and artificial intelligence (A.I.). Although algorithms prove valuable to society, that value may also lead to the destruction of the foundations of American jurisprudence by threatening constitutional rights of individuals, creating new liabilities for business managers and board members, disrupting commerce, interfering with long-standing legal remedies, and causing chaos in courtrooms trying to adjudge lawsuits. Alfred R. Cowger, Jr. explains these threats and provides potential solutions for both the general public and legal practitioners. Scholars of legal studies, media studies, and political science will find this book particularly useful.

Pragmatism, Logic, and Law

Pragmatism, Logic, and Law
Author: Frederic Kellogg
Publisher: Rowman & Littlefield
Total Pages: 203
Release: 2020-12-10
Genre: Law
ISBN: 1793616981

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Pragmatism, Logic and Law offers a view of legal pragmatism consistent with pragmatism writ large, tracing it from origins in late 19th century America to the present, covering various issues, legal cases, personalities, and relevant intellectual movements within and outside law. It addresses pragmatism’s relation to legal liberalism, legal positivism, natural law, critical legal studies (CLS), and post-Rorty “neopragmatism.” It views legal pragmatism as an exemplar of pragmatism’s general contribution to logical theory, which bears two connections to the western philosophical tradition: first, it extends Francis Bacon’s empiricism into contemporary aspects of scientific and legal experience, and second, it is an explicitly social reconstruction of logical induction. Both notions were articulated by John Dewey, and both emphasize the social or corporate element of human inquiry. Empiricism is informed by social as well as individual experience (which includes the problems of conflict and consensus). Rather than following the Aristotelian model of induction as immediate inference from particulars to generals, a model that assumes a consensual objective viewpoint, pragmatism explores the actual, and extended, process of corporate inference from particular experience to generalization, in law as in science. This includes the necessary process of resolving disagreement and finding similarity among relevant particulars.