school of thought in legal theory

Found insideThis 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. Found inside – Page 39Finally , Filosofia de la economia examines in detail the nature of economic theories and laws in order to help the reader ... Audience : A - R Collection : AC Eduardo Sevilla - Guzmán completes this study , analyzing rural sociological thought ... First Published in 1991. Routledge is an imprint of Taylor & Francis, an informa company. Found inside – Page 41likely much more common than scholars admit , and divine law was a precursor of modern natural law theories . The positivist idea that law is ... This school of thought insists that law arises from the moral order . The human function is merely to ... Found inside – Page 779By Legal Theory , I mean the study of the law not as a means of acquiring conventional professional competence but “ from the ... in Legal Theory , or alternatively programs that meld college , law school , and doctoral training in another discipline into an integrated ... either that instruction and research in Legal Theory replace doctrinal analysis , or that Legal Theory be equated with , or even be thought to ... Found inside – Page 5Modern Legal Theory and Scholasticism Moorhouse F . X . MILLAR Professor of Political Philosophy , Fordham ... 1 Have we ian physics , modern philosophy was reduced to the abject returned to the state of mind of the Greek and Roman state of utter futility in which it now lingers . ... the Kantian ) school , the historical school , the utilitarians , the positivists and the mechanical sociologists . tive law as a ... Found inside – Page 750Perhaps the most significant assumption of Langdellian theory is the assertion that the “ vast majority ” of reported decisions are ... See , in particular , Anthony Chase , “ The Birth of the Modern Law School , ” 23 Am . J . Legal History 329 ( 1979 ) , “ Origins of Modern ... For the work of another “ legal scientist , ” now less well known than Langdell , but in his day thought to be “ the foremost law writer of the ... Found inside – Page 31The rapid growth of the school at Orléans did not put an end to the authority of the Gloss at Bologna and other Italian universities . ... He was particularly commended for his independence in thought and for the manner in which he tried to meet contemporary needs 33 . ... appreciate how great an influence the writings of Révigny and Belleperche must have exercised on the development of legal theory . Found inside – Page 347School of Law. color in the clinical supervisor - student relationship . Indeed , there are no references in the texts to how a lawyer ' s race or gender ... The thought motivated me to move the discussion of the issue of race from the margins of our classes and the footnotes of our texts into the main stream . ... See also Angela Harris , Race and Essentialism in Feminist Legal Theory , 42 STANFORD L . REV . Found inside – Page 86of thought Holmes developed for his book " as the “ basis of his own later work on the Supreme Court , and especially . . . those constitutional opinions ... law that would be of use to the general reader , and it is often recommended as an introductory text for students preparing to enter law school . ... He viewed himself on the cutting edge of legal theory , writing a book for a specialized expert audience . Found inside – Page 100811 Many Sanchez decisions are still fresh in my mind as if they were prepared , written and promulgated only yesterday . Each one ... Justice Sanchez was also teaching Evidence at the Ateneo Law School nearby after office hours . From the ... The case brought forth an interesting discussion of the legal theories involved . Found inside – Page 86It is due only to humanistic jurisprudence that some basic ideas of modern law have received their modern stamp . ... Those scholars who reproach the first school of thought for a too strongly theoretical and antiquarian erudition ( Verwissenschaftlichung des Rechts ... To give only one example , it is due to just such a purely abstract theory that Jean Bodin and Charles Loyseau ( 1564-1627 ) were able to ... Found inside – Page 158The formulation of rules of law on the basis of the recognized sources was understood to be an arduous scholarly task ... Twelver theory , like the Zahiri , rejects analogical deduction , but the prevailing school of thought among the Twelvers ... Found inside – Page 74Thought external to the system enters , for instance , through the decisions of those who invoke and enforce legal rules ... law school without encountering legal theory other than , perhaps , some traditional legal history and jurisprudence . Found insideThe task has been to reveal the theory underlying judicial decisions rather than to determine specific points of school law . ... Puritan educational thought , the demands of dynamic society , American political theory , the circumstances which ... Found inside – Page 198International Journal for Documentation on Legal Theory ... The essay examines Bataille's thought on community through an analysis of his novel ' The Blue of Noon ' and the operation of language ... 3.7.3 Although there is no single academic discipline called education or school law in Australia , the influence of the law on ... Found insideIn a work that is likely to become the definitive introduction legal theory by a leading theorist of the critical legal studies n the author has been the ... social the current process of harmonization of European law Duncan Kennedy is the Carter Professor of General Jurisp Harvard Law School . His previously published books inclus and Fall of Classical Legal Thought , Legal Education and the Rep Hierarchy ... Found inside – Page 63Theory is the most important part of the dogma of the law , as the architect is the most important man who takes part in the building of the house . ... With this survey of legal thought as a basis , let us turn to a consideration of the specific skills used in making legal decisions . ... the mid - 1970s to decide whether affirmative action programs for admission to graduate and professional schools violated either ... Found inside – Page 29The older juristic theory of law as an end to individual liberty and of laws as limitations upon individual wills , divorced the ... whether Dean Pound envisions the new sociological jurisprudence as both a unified and discrete school of thought . Found inside – Page 14The fiscally dependent school board might , In 1921 , a law was passed in Vermont auIn 1921 . a lav at first thought ... in legal theory the school disand repair of school buildings , and that he trict is still separate and distinct , preserving its ... Found inside – Page 24In short , then , it should be noted that author itarian societies and schools endeavor to transmit the cultural belief structure uncritically without exposing ... Thus , in a typical experiment to test his theory , he would place a cat in a box that could be opened from the inside only by striking a button or latch . ... Under this law , the more times a stimulus - induced response is repeated the longer it is retained . Found inside – Page 36During the nineteenth century an influential school of thought argued that the scourges of war could be eliminated by the ... reformulate U.S. nuclear weapons doctrine to make it more consistent with the fundamental tenets of international law . Found inside – Page 3285But the truth of the matter is that we were led to believe that the Hugh Wooding Law School is a practical programme and ... It is thought to be part of the University network which it is not really . ... You answer it According to strict legal theory . Found inside – Page 110Following is a list of some of the categories covered in the dictionary : basic legal theory , history of legal thought , history ... It also has entries on laws and regulations , legal schools of thought , prom . inent jurists and important legal writings . Found inside – Page 79... the development of Shari ' ah ( Islamic Law ) and its application in jurisprudence will find this a thought - provoking source . Also contains discussion of modern tendencies in Islamic legal theory . Haddad , Yvonne Y . and Jane I Smith , eds . Found inside – Page 72Various schools of law of rights , obligations and interests reaches its emerged under this legal order , the most famous highest point ... differences , which have given rise to a as the voidability of contracts which are contrary great wealth of legal theories . to public order . ... because it is mental degenerathe Prophet which says , “ Injury may not be met tion , and called for free scientific thought . by injury . Found inside – Page 6the moral element predominates the legal process in the Natural Law theory . 1 . 3 . Imperative Law This school of thought places emphasis on the relation between law and political power . It considers the origin of the law in the Will of the ... Found inside – Page 1160From my perspective , the project in which my colleagues and I engage is this : To create in the law school a crucible in which students ... At the heart of the reconceived courses we call Legal Theory and Practice , lies the expectation that each lawyer can , and does ... It treats these as the subjects of thought processes that can and ought to be conducted in relative insularity from other thought processes . Found inside – Page 26He establish what are the trends in legal thought on various is quite willing to let die what no longer serves his aspects of government in each age . ... Jean de Terre Rouge is a good example — but very In particular , the discussion of royal succession enters little synoptic legal theory . ... Strictly taking examples from the diverse schools of thought speaking it is not , " except in respect to the first - born that ... Found inside – Page 173226 First , CLS argues that legal doctrine is significantly indeterminate because of contradictions between legal ... Duncan Kennedy has claimed recently that CLS as a movement ended in the 1990s although it remains “ a school of thought . Found inside – Page 34But the claim of this school to carry on the Grotian tradition cannot be sustained , because it is not to the Grotian law of nature , but to ... Minor differences of doctrine must here be disregarded , but it may be said that on the whole the field is divided fairly equally between ... of the state which is tending to disappear from progressive political thought , and neither affords an adequate explanation of the fact for ... Found inside – Page xxxiiiTheory, Doctrine, Commentary Katharine T. Bartlett, Angela P. Harris, Deborah L. Rhode. Preface Many topics from traditional law school courses such as employment law , family law , criminal law , and constitutional law have special relevance to women . ... and law an academic subject worthy of a separate course of study is less the specific content of laws that are thought to have particular relevance to ... Found inside – Page 262The doctrine advocated by Normativists for supremacy of international law over municipal law , leading to the abolition of ... 65 Similarly , writers in Communist China view the theory that individuals are subjects of international law , advocated by followers of the School of Social ... All these ideas are nothing , in the eyes of Communist Chinese writers , but an expression of the reactionary thought of ... In which thc structure of legal theory Continent their work formed the framework of all legal theory was commended! The University network which it is thought to be part of the legal theories involved and Scholasticism F. And Scholasticism Moorhouse F author is a law Lecturer at the University network which is. Is due only to humanistic jurisprudence that some basic ideas of modern law have their. Essentialism in Feminist legal theory contained in the traditional law school case problem! 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