Reconstructing American Legal Realism   Rethinking Private Law Theory

Reconstructing American Legal Realism Rethinking Private Law Theory

  • Author : Hanoch Dagan
  • Publisher : Oxford University Press
  • Release Date : 2013-09-19
  • Genre: Law
  • Pages : 256
  • ISBN 10 : 9780199399130

Reconstructing American Legal Realism Rethinking Private Law Theory Book Description :

In the myriad choices of interpretation judges face when confronted with rules and cases, legal realists are concerned with how these doctrinal materials carry over into judicial outcomes. What can explain past judicial behavior and predict its future course? How can law constrain judgments made by unelected judges? How can the distinction between law and politics be maintained despite the collapse of law's autonomy in its positivist rendition? In Reconstructing American Legal Realism & Rethinking Private Law Theory, Hanoch Dagan provides an innovative and useful interpretation of legal realism. He revives the legal realists' rich account of law as a growing institution accommodating three sets of constitutive tensions-power and reason, science and craft, and tradition and progress-and demonstrates how the major claims attributed to legal realism fit into this conception of law. Dagan seeks to rein in realist descendants who have become fixated on one aspect of the big picture, and to dispel the misconceptions that those gone astray represent the tradition accurately or that realism is now merely a historical signpost. He draws upon the realist texts of Oliver Wendell Holmes, Karl Llewellyn, and others to explain how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory. Building on this realist conception of law and enriching its texture, Dagan addresses more particular jurisprudential questions. He shows that the realist achievement in capturing law's irreducible complexity is crucial to the reinvigoration of legal theory as a distinct scholarly subject matter, and is also inspiring for a host of other, more specific theoretical topics, such as the rule of law, the autonomy and taxonomy of private law, the relationships between rights and remedies, and the pluralism and perfectionism that typify private law.

Utopia for Realists
Score: 5
From 1 Ratings

Utopia for Realists

  • Author : Rutger Bregman
  • Publisher : Bloomsbury Publishing
  • Release Date : 2017-03-05
  • Genre: Philosophy
  • Pages : 336
  • ISBN 10 : 9781408890257

Utopia for Realists Book Description :

THE SUNDAY TIMES BESTSELLER 'Listen out for Rutger Bregman. He has a big future shaping the future' Observer 'A more politically radical Malcolm Gladwell' New York Times 'The Dutch wunderkind of new ideas' Guardian In Utopia for Realists, Rutger Bregman shows that we can construct a society with visionary ideas that are, in fact, wholly implementable. Every milestone of civilisation – from the end of slavery to the beginning of democracy – was once considered a utopian fantasy. New utopian ideas such as universal basic income and a fifteen-hour work week can become reality in our lifetime. From a Canadian city that once completely eradicated poverty, to Richard Nixon's near implementation of a basic income for millions of Americans, Bregman takes us on a journey through history, beyond the traditional left-right divides, as he introduces ideas whose time has come.

The Stay Strong Mummy Fitness Plan

The Stay Strong Mummy Fitness Plan

  • Author : Kimberley Welman
  • Publisher : Piatkus
  • Release Date : 2017-01-05
  • Genre: Health & Fitness
  • Pages : 224
  • ISBN 10 : 9780349414201

The Stay Strong Mummy Fitness Plan Book Description :

Exhausted. Frazzled. Worn out. This is how Kimberley Welman felt after giving birth to three babies, including twins, within 19 months. Once a marathon runner, Kimberley could barely jog around the block without wanting to keel over, but she knew she had to do something. Her health and sanity were at stake. With no clear sense of where to begin, Kimberley tried CrossFit (expensive), classes at her gym (hard to get to), running (too hard on her recovering body). Months later, she finally found a training partner in fellow mother Victoria Reihana, and discovered the joys of clean eating and High Intensity Interval Training (HIIT). What began as one mother's mission to get her body back, has become a global movement and ever-expanding online community, full of women (with and without children) motivating one another to live healthier lives. Featuring recipes, exercise routines and inspirational advice, The Stay Strong Mummy Fitness Plan will fill the mother-shaped hole in the current fitness landscape.

Gale Researcher Guide for  Jack London s Popular Naturalism

Gale Researcher Guide for Jack London s Popular Naturalism

  • Author : John Hay
  • Publisher : Gale, Cengage Learning
  • Release Date :
  • Genre: Study Aids
  • Pages : 7
  • ISBN 10 : 9781535848053

Gale Researcher Guide for Jack London s Popular Naturalism Book Description :

Gale Researcher Guide for: Jack London's Popular Naturalism is selected from Gale's academic platform Gale Researcher. These study guides provide peer-reviewed articles that allow students early success in finding scholarly materials and to gain the confidence and vocabulary needed to pursue deeper research.

The Politician s Guide to Assisted Suicide  Cloning  and Other Current Controversies

The Politician s Guide to Assisted Suicide Cloning and Other Current Controversies

  • Author : George J. Marlin
  • Publisher : Morley Inst
  • Release Date : 1998
  • Genre: Law
  • Pages : 230
  • ISBN 10 : PSU:000043153862

The Politician s Guide to Assisted Suicide Cloning and Other Current Controversies Book Description :

Author George Marlin argues that without respect for personhood, liberty will become license, and the responsibility to do what is right will degrade into the right to do what is irresponsible. (Aren't we already there?) This book provides intelligent politicians (and others) with philosophical and historical perspectives on some of the toughest issues we Americans face.

A Philosophical Guide to Chance

A Philosophical Guide to Chance

  • Author : Toby Handfield
  • Publisher : Cambridge University Press
  • Release Date : 2012-04-05
  • Genre: Science
  • Pages :
  • ISBN 10 : 9781107080010

A Philosophical Guide to Chance Book Description :

It is a commonplace that scientific inquiry makes extensive use of probabilities, many of which seem to be objective chances, describing features of reality that are independent of our minds. Such chances appear to have a number of paradoxical or puzzling features: they appear to be mind-independent facts, but they are intimately connected with rational psychology; they display a temporal asymmetry, but they are supposed to be grounded in physical laws that are time-symmetric; and chances are used to explain and predict frequencies of events, although they cannot be reduced to those frequencies. This book offers an accessible and non-technical introduction to these and other puzzles. Toby Handfield engages with traditional metaphysics and philosophy of science, drawing upon recent work in the foundations of quantum mechanics and thermodynamics to provide a novel account of objective probability that is empirically informed without requiring specialist scientific knowledge.

The 48 Laws of Power
Score: 4.5
From 136 Ratings

The 48 Laws of Power

  • Author : Robert Greene
  • Publisher : Penguin
  • Release Date : 2000-09-01
  • Genre: Self-Help
  • Pages : 480
  • ISBN 10 : 1101042451

The 48 Laws of Power Book Description :

Amoral, cunning, ruthless, and instructive, this multi-million-copy New York Times bestseller is the definitive manual for anyone interested in gaining, observing, or defending against ultimate control – from the author of The Laws of Human Nature. In the book that People magazine proclaimed “beguiling” and “fascinating,” Robert Greene and Joost Elffers have distilled three thousand years of the history of power into 48 essential laws by drawing from the philosophies of Machiavelli, Sun Tzu, and Carl Von Clausewitz and also from the lives of figures ranging from Henry Kissinger to P.T. Barnum. Some laws teach the need for prudence (“Law 1: Never Outshine the Master”), others teach the value of confidence (“Law 28: Enter Action with Boldness”), and many recommend absolute self-preservation (“Law 15: Crush Your Enemy Totally”). Every law, though, has one thing in common: an interest in total domination. In a bold and arresting two-color package, The 48 Laws of Power is ideal whether your aim is conquest, self-defense, or simply to understand the rules of the game.