Tag: Legal Theory
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Questions
Questions Law as the Answer to a Question By Francis Bennion: From certain viewpoints, for example the sociological, a law can easily be seen as the answer to a question. What persons who find themselves affected by the impact of some unknown or doubtful law feel a need for is just that: the answer to…
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Geographies of Law
Contents of Geographies of Law Contents of this subject matter include: Part 1 – Introduction; Research project skills; how to write a project outline; legal geography as a research methodology. 2. – Key concepts in legal geography (jurisdiction, property, scale, relationality, […]
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Wickedness
Wickedness and Vice Contents of Wickedness and Vice Contents of this subject matter include: Introduction: Wickedness and Vice Law and morality: Hart v Devlin Debate Mary Douglas: Disorder Theory Philosophy of wickedness: Aristotle and Aquinas Philosophy of Wickedness: Freud and Midgley […]
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Wickedness
Wickedness and Vice Contents of Wickedness and Vice Contents of this subject matter include: Introduction: Wickedness and Vice Law and morality: Hart v Devlin Debate Mary Douglas: Disorder Theory Philosophy of wickedness: Aristotle and Aquinas Philosophy of Wickedness: Freud and Midgley […]
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Theory of Sources of Law
Theory of Sources of Law Classification of the Theory of Sources of Law There is literary warrant for theory of sources of law, though it is difficult to determine just how much literary warrant, because there are so many works on sources of law that are collections of source documents, not theory of sources. One…
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Theory of Sources of Law
Theory of Sources of Law Classification of the Theory of Sources of Law There is literary warrant for theory of sources of law, though it is difficult to determine just how much literary warrant, because there are so many works on sources of law that are collections of source documents, not theory of sources. One…
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Western Legal Theory
Western Legal Theory Contents of Western Legal Theory Contents of this subject matter include: Natural Law Positivism American Realism Critical legal studies Feminist jurisprudence Economic analysis of law Sociological jurisprudence Law and Emotion Law and literature Post-structuralism
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Sources of Law
Sources of International Law It is generally accepted that the sources of international law (international obligations) are listed in the Article 38(1) of the Statute of the International Court of Justice, which provides that the Court shall apply: international conventions, whether […]
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Ethics Law
Ethics Law and Justice Contents of Ethics Law and Justice Contents of this subject matter include: See Program below Introduction and Legal Writing Professional Identity. Resilience Ethics, Justice and the Law Access to Justice – Social/Cultural Issues. Judges Admission and Regulation […]
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Legal Uncertainty
Legal Uncertainty By “legal uncertainty” Anthony D’Amato (in his article “Legal Uncertainty”, 71 Cal. L. Rev. 1 (1983)) “means the situation that obtains when the rule that is relevant to a given act or transaction is said by informed attorneys to have an expected official outcome at or near the 0.5 level of predictability. A…
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Legal Uncertainty
Legal Uncertainty By “legal uncertainty” Anthony D’Amato (in his article “Legal Uncertainty”, 71 Cal. L. Rev. 1 (1983)) “means the situation that obtains when the rule that is relevant to a given act or transaction is said by informed attorneys to have an expected official outcome at or near the 0.5 level of predictability. A…
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Rule
Rule By “rule” Anthony D’Amato (in his article “Legal Uncertainty”, 71 Cal. L. Rev. 1 (1983)) means “not only a particular rule of law, such as a subsection of the Internal Revenue Code or the Rule in Shelley’s Case, but also any principle, policy, theory, or other legal argument that can be cited by a…
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Martha Nussbaum
Martha Nussbaum A conversation with Martha Nussbaum, one of the world’s most prominent legal philosophers. As one of the world’s most prominent moral and legal philosophers, Martha Nussbaum, who teaches at the University of Chicago’s law school, has written at length about theories of justice, the fragility of human goodness, and the intelligence of emotions.…
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Islamic Schools
The Legal History of Islamic Schools of Sacred LawThis section provides an overview of Islamic Schools of Sacred Law ResourcesSee AlsoLegal Biography Legal Traditions Historical Laws History of Law Further Reading Islamic Schools of Sacred Law in the Oxford International Encyclopedia of Legal […]
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Sociological School
The Sociological School The sociological school of jurisprudence is, in general, “a product of the 20th century. Its approach to the analysis of law differs from that of the other schools in that it is concerned less with the nature and origin of law than with its actual functions and end results. The proponents of…