The Canon of American Legal Thought

The Canon of American Legal Thought

Author: David Kennedy

Publisher: Princeton University Press

Published: 2018-06-05

Total Pages: 925

ISBN-13: 0691186421

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This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.


Book Synopsis The Canon of American Legal Thought by : David Kennedy

Download or read book The Canon of American Legal Thought written by David Kennedy and published by Princeton University Press. This book was released on 2018-06-05 with total page 925 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.

The Canon of American Legal Thought

The Canon of American Legal Thought

Author: David Kennedy

Publisher:

Published: 2006

Total Pages: 0

ISBN-13: 9780691120003

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This anthology presents full texts of the twenty most important works of American legal thought since 1890, and traces the rise and evolution of a distinctly American form of legal reasoning.


Book Synopsis The Canon of American Legal Thought by : David Kennedy

Download or read book The Canon of American Legal Thought written by David Kennedy and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology presents full texts of the twenty most important works of American legal thought since 1890, and traces the rise and evolution of a distinctly American form of legal reasoning.

Canon Law

Canon Law

Author: John J. Coughlin

Publisher: Oxford University Press

Published: 2011

Total Pages: 247

ISBN-13: 0195372972

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'Canon Law' explores the canon law of the Roman Catholic Church from a comparative perspective. The introduction to the book presents historical examples of antinomian and legalistic approaches to canon law.


Book Synopsis Canon Law by : John J. Coughlin

Download or read book Canon Law written by John J. Coughlin and published by Oxford University Press. This book was released on 2011 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Canon Law' explores the canon law of the Roman Catholic Church from a comparative perspective. The introduction to the book presents historical examples of antinomian and legalistic approaches to canon law.

An Introduction to Constitutional Law

An Introduction to Constitutional Law

Author: Randy E. Barnett

Publisher: Aspen Publishing

Published: 2023-02-28

Total Pages: 473

ISBN-13:

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An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.


Book Synopsis An Introduction to Constitutional Law by : Randy E. Barnett

Download or read book An Introduction to Constitutional Law written by Randy E. Barnett and published by Aspen Publishing. This book was released on 2023-02-28 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.

The Basic Concepts of Legal Thought

The Basic Concepts of Legal Thought

Author: George P. Fletcher

Publisher: OUP USA

Published: 1996-09-12

Total Pages: 222

ISBN-13: 9780195083361

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This is a brief introduction to the major issues in legal philosophy, intended for use as a secondary text in law schools, and in graduate and undergraduate courses in philosophy of law, jurisprudence and legal issues.


Book Synopsis The Basic Concepts of Legal Thought by : George P. Fletcher

Download or read book The Basic Concepts of Legal Thought written by George P. Fletcher and published by OUP USA. This book was released on 1996-09-12 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a brief introduction to the major issues in legal philosophy, intended for use as a secondary text in law schools, and in graduate and undergraduate courses in philosophy of law, jurisprudence and legal issues.

Taking Rights Seriously

Taking Rights Seriously

Author: Ronald Dworkin

Publisher: A&C Black

Published: 2013-10-21

Total Pages: 457

ISBN-13: 1780938330

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A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.


Book Synopsis Taking Rights Seriously by : Ronald Dworkin

Download or read book Taking Rights Seriously written by Ronald Dworkin and published by A&C Black. This book was released on 2013-10-21 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.

American Legal Thought from Premodernism to Postmodernism

American Legal Thought from Premodernism to Postmodernism

Author: Stephen M. Feldman

Publisher: Oxford University Press

Published: 2000-01-20

Total Pages:

ISBN-13: 0190283165

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The intellectual development of American legal thought has progressed remarkably quickly form the nation's founding through today. Stephen Feldman traces this development through the lens of broader intellectual movements and in this work applies the concepts of premodernism, modernism, and postmodernism to legal thought, using examples or significant cases from Supreme Court history. Comprehensive and accessible, this single volume provides an overview of the evolution of American legal thought up to the present.


Book Synopsis American Legal Thought from Premodernism to Postmodernism by : Stephen M. Feldman

Download or read book American Legal Thought from Premodernism to Postmodernism written by Stephen M. Feldman and published by Oxford University Press. This book was released on 2000-01-20 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The intellectual development of American legal thought has progressed remarkably quickly form the nation's founding through today. Stephen Feldman traces this development through the lens of broader intellectual movements and in this work applies the concepts of premodernism, modernism, and postmodernism to legal thought, using examples or significant cases from Supreme Court history. Comprehensive and accessible, this single volume provides an overview of the evolution of American legal thought up to the present.

Law’s History

Law’s History

Author: David M. Rabban

Publisher: Cambridge University Press

Published: 2012-11-30

Total Pages: 585

ISBN-13: 1139788736

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This is a study of the central role of history in late nineteenth-century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism. Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory and the history of higher education.


Book Synopsis Law’s History by : David M. Rabban

Download or read book Law’s History written by David M. Rabban and published by Cambridge University Press. This book was released on 2012-11-30 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the central role of history in late nineteenth-century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism. Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory and the history of higher education.

Ethics at the Edges of Law

Ethics at the Edges of Law

Author: Cathleen Kaveny

Publisher: Oxford University Press

Published: 2018

Total Pages: 329

ISBN-13: 0190612290

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Ethics at the Edges of Law: Christian Moralists and American Legal Thought shows how methods and doctrines drawn from the American legal tradition can constructively advance the discussion of key issues in Christian ethics. More broadly, the book argues that religious ethicists should consider legal thought to be a valuable conversation partner on a par with philosophical thought. Each of the chapters places the work of an important contemporary figure in Christian ethics in conversation with particular legal cases and questions. The book is divided into three major parts: “Narratives and Norms,” “Love, Justice, and Law,” and “Legal Categories and Theological Problems.” Ethicists considered include John Noonan Jr., Stanley Hauerwas, Jeffrey Stout, Gene Outka, Margaret Farley, Paul Ramsey, Robert E. Rodes Jr., Walter Kasper, Germain Grisez and H. Tristram Engelhardt Jr. Legal topics explored include the development of the common law as a morally rich tradition, the relationship between rules and particular cases, and the role of individual experience in formulating generally applicable norms. Theological issues discussed include the meaning of covenant fidelity, the requirements of compassion, and the demands of neighbor love. Fruitful intersections between law and theological ethics are developed by considering particular examples and cases from contract law, criminal law, and health-care law. Ethics at the Edges of Law ends by examining the various and often conflicting meanings of the term “legalism,” which has long been considered a derogatory term in Christian moral thought.


Book Synopsis Ethics at the Edges of Law by : Cathleen Kaveny

Download or read book Ethics at the Edges of Law written by Cathleen Kaveny and published by Oxford University Press. This book was released on 2018 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ethics at the Edges of Law: Christian Moralists and American Legal Thought shows how methods and doctrines drawn from the American legal tradition can constructively advance the discussion of key issues in Christian ethics. More broadly, the book argues that religious ethicists should consider legal thought to be a valuable conversation partner on a par with philosophical thought. Each of the chapters places the work of an important contemporary figure in Christian ethics in conversation with particular legal cases and questions. The book is divided into three major parts: “Narratives and Norms,” “Love, Justice, and Law,” and “Legal Categories and Theological Problems.” Ethicists considered include John Noonan Jr., Stanley Hauerwas, Jeffrey Stout, Gene Outka, Margaret Farley, Paul Ramsey, Robert E. Rodes Jr., Walter Kasper, Germain Grisez and H. Tristram Engelhardt Jr. Legal topics explored include the development of the common law as a morally rich tradition, the relationship between rules and particular cases, and the role of individual experience in formulating generally applicable norms. Theological issues discussed include the meaning of covenant fidelity, the requirements of compassion, and the demands of neighbor love. Fruitful intersections between law and theological ethics are developed by considering particular examples and cases from contract law, criminal law, and health-care law. Ethics at the Edges of Law ends by examining the various and often conflicting meanings of the term “legalism,” which has long been considered a derogatory term in Christian moral thought.

Law's History

Law's History

Author: David M. Rabban

Publisher: Cambridge University Press

Published: 2013

Total Pages: 585

ISBN-13: 0521761913

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This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.


Book Synopsis Law's History by : David M. Rabban

Download or read book Law's History written by David M. Rabban and published by Cambridge University Press. This book was released on 2013 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.