Comparative legal philosophy applied to legal institutions

by Luigi Miraglia

Publisher: Macmillan in New York

Written in English
Published: Pages: 793 Downloads: 38
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  • Law -- Philosophy.,
  • Jurisprudence.

Edition Notes

StatementTranslated from the Italian by JohnLisle, with an introduction by Albert Kocourek.
SeriesThe modern legal philosophy series
The Physical Object
Paginationxl, 793 p. ;
Number of Pages793
ID Numbers
Open LibraryOL19419079M

Extract ← 4 | 5 → CHAPTER 1 Comparative Law and its Importance in Legal Translation Definition of comparative law The first step before studying the interaction between comparative law and legal translation would be to define what is meant by ‘comparative law’. Comparative law is not a branch of law or of legal science, such as family law, administrative law or criminal . In recent decades the debate among scholars, lawyers, politicians and others about how societies deal with their past has been constant and intensive. 'Legal Institutions and Collective Memories' situates the processes of transitional justice at the intersection between legal procedures and the production of collective and shared meanings of the past. Building upon the work of Maurice. The courses listed below provide a taste of the Jurisprudence and Legal Theory courses offered at the Law School, although no formal groupings exist in our curriculum. This list includes the courses taught in the and school years. Not all of these courses are offered every year, but this list will give you a representative sample of the variety of courses we might . PHILOSOPHY OF LAW OUTLINE Tommaso Pavone ([email protected]) Spring LEGAL POSITIVISM I: THE COMMAND THEORY OF LAW John Austin, The Province of Jurisprudence Determined () 1. What is law? a. A command: “A law is a command which obliges a person or persons, and.

With over 50 professors in the program, our student-teacher ratio is less than 1: 1. Robert Alexy Professor emeritus at the Christian Albrechts University, Kiel, Germany He has written extensively on legal argumentation, constitutional rights, and legal philosophy in general. Among his books are A Theory of Legal Argumentation. The Theory of Rational Discourse. legal philosophy a special place (even a kind of “pre-eminence”) within the general realm of practical philosophy is the privileged perspective it has on practical fundamental values (that is, moral and political values), due to its proximity to the practice of law, which is the institution. Define legal philosophy. legal philosophy synonyms, legal philosophy pronunciation, legal philosophy translation, English dictionary definition of legal philosophy. Legal Philosophy, Comparative Law, and Restitution Law. A Theory of Tort Liability legal philosophy; Legal Point of Discharge; Legal Policy and Planning Office; Legal. I: The Function of Legal Philosophy. FOR twenty-four hundred years—from the Greek thinkers of the fifth century bc, who asked whether right was right by nature or only by enactment and convention, to the social philosophers of today, who seek the ends, the ethical basis and the enduring principles of social control—the philosophy of law has taken a leading rôle in all study .

  Since its first publication in , Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore Reviews: 1. The contribution of Critical Legal Studies to comparative law is a matter of considerable international interest, not only in light of the remarkable presence of the movement in several leading US-American academic institutions but also in view of the rather desperate need for comparative law as an academic discipline for theoretical revision and by: 6. A Treatise of Legal Philosophy and General Jurisprudence Volume 1:The Law and The Right, Volume 2: Foundations of Law, Volume 3: Legal Institutions and the Sources of Law, Volume 4: Scienta Juris, Legal Doctrine as Knowledge of Law and as a Source of Law, Volume 5: Legal Reasoning, A Cognitive Approach to the Law.

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Genre/Form: Electronic books: Additional Physical Format: Online version: Miraglia, Luigi, Comparative legal philosophy applied to legal institutions.

Full text of "Comparative legal philosophy applied to legal institutions" See other formats. Comparative Legal Philosophy Applied To Legal Institutions () [Miraglia, Luigi, Lisle, John, Kocourek, Albert] on *FREE* shipping on qualifying offers.

Comparative Legal Philosophy Applied To Legal Institutions ()Cited by: 1. Applied Legal Philosophy: Applied Legal Philosophy About the Series The principal objective of this series is to encourage the publication of books which adopt a Comparative legal philosophy applied to legal institutions book approach to the study of particular areas or aspects of law, or deal with general theories of law in a way which is directed at issues of practical, moral and political.

Penal Theories and Institutions: Lectures at the Collège de France, (Michel Foucault, Lectures at the Collège de France) Michel Foucault out of 5 stars 1. Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy.

It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?"Philosophy of law and jurisprudence are often used interchangeably, though.

A Comparative Study. Author: D. Neil MacCormick,Robert S. Summers,Arthur L. Goodhart. Publisher: Routledge ISBN: Category: Law Page: View: DOWNLOAD NOW» This book contains a series of essays discussing the uses of precedent as a source of law and a basis for legal arguments in nine different legal systems, representing a variety of.

Free 2-day shipping. Buy Comparative Legal Philosophy Applied to Legal Institutions () at Applied Legal Philosophy. Self-Constitution of European Society Crossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political rights, such as those of Canada and the United States - as well as cases in constitutional adjudication.

but also of a. Historical development of comparative law. The expression comparative law is a modern one, first used in the 19th century when it became clear that the comparison of legal institutions deserved a systematic approach, in order to increase understanding of foreign cultures and to further legal progress.

From early times, however, certain scholars and researchers have made use of the. Jurisprudence or legal theory is the theoretical study of rs of jurisprudence seek to explain the nature of law in its most general form and provide a deeper understanding of legal reasoning, legal systems, legal institutions, and the role of law in society.

Modern jurisprudence began in the 18th century and was focused on the first principles of natural law, civil law, and. THE WORLD'S LEGAL PHILOSOPHIES. By FRITZ. BEROLZHEIMER of Berlin. Translated by Mrs. Rachel Szold Jastrow of Madison, Wis. III. COMPARATIVE LEGAL PHILOSOPHY, applied to Legal.

Institutions. By LUIGI MlRAGLIA of the University of Naples. Translated by John Lisle of the Philadelphia Bar. GENERAL THEORY OF LAW.

By Luigi Miraglia, translator. John Lisle and tr. John Lisle. Books shelved as philosophy-of-law: The Concept of Law by H.L.A. Hart, The Authority of Law by Joseph Raz, Natural Law and Natural Rights by John Finnis. Legal philosophy refers to the branch of philosophy that is concerned with law and the principles leading courts to make decisions.

Legal philosophy is also concerned with the evaluative theories of law. It provides a general philosophical analysis of law and legal institutions. There are three branches of legal philosophy. Though this book promises a very short introduction to the philosophy of law, I use this phrase interchangeably with ‘legal theory’, ‘legal philosophy’, and ‘jurisprudence’.

Strictly speaking, however, ‘jurisprudence’ concerns the theoretical analysis of law at the highest level of abstraction (e.g. questions about the nature of a. Uwe Kischel's comprehensive treatise on comparative law offers a critical introduction to the central tenets of comparative legal scholarship.

The first part of the book is dedicated to general aspects of comparative law. Forms of Comparative Law as formal comparative law in contrast to dogmatic comparative law which deals with specific legal (a) Pure and applied comparative law institutions or problems. In comparative legal studies a distinction is The answer to the much debated issue whether comparative law is an independent discipline or made between pure and Author: W.E.

Butler. Comparative law must accommodate not only top-down approaches to the study of law, which treat the state as the source of law and normative ordering par excellence, but also bottom-up analyses of the various processes of harmonisation and unification of laws, which take into account how various actors and institutions experience and cope with.

present state of legal philosophy and, then, sketch the answers to these questions that are suggested by one particular strain of recent jurisprudential thought. We will then be in a position to address the question of why we need legal philosophy.

In ad-dressing that question, the purpose of this symposium can be better : Randy E Barnett. Table of contents. Comparative Law at a Cross-roads 1. Comparative Law and Comparative Legal Studies David Nelken 2. Developing Comparative law Esin Örücü II.

New Directions for Comparative Law 3. Globalisation and Comparative Law William Twining 4. Com-paring H. Patrick Glenn 5. Defining and Using the Concept of Legal Culture David Nelken 6.

Is. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning.

institutions β 1, 2, 3we can formalize the functional comparison of different legal institutions as a series, where for example a α 1 β 1 is the French law (α 1) response (β 1) to.

Philosophy of law, also called jurisprudence, branch of philosophy that investigates the nature of law, especially in its relation to human values, attitudes, practices, and political ionally, philosophy of law proceeds by articulating and defending propositions about law that are general and abstract—i.e., that are true not of a specific legal system at a.

This book argues that this legal change is best understood from a political philosophy perspective. This can be used as an interpretative device to understand the ongoing processes of change as well as their outcomes such as new laws, judicial interpretations, or constitutional : Maciej Chmieliński, Michał Rupniewski.

Providing a comprehensive and comparative analysis of the legal approach to key areas of law within different legal systems, this book also offers a blueprint for comparative legal study by evaluating the current epistemological debate on Comparative Law and demonstrating comparative legal research ntive law, the law of obligations, commercial and.

legal and sociological theories which seek to situate the body of laws and legal institutions in an overall social context. Thus, jurisprudence to some extent overlaps with the SOCIOLOGY OF LAW.

Historically, it is possible to identify the following subdivisions of jurisprudence. the goal of comparative law as a universal system of law and order has been, and hopefully, always will be a source of inspiration to all concerned.

The "jurisprudence of comparative legal systems" connotes how the subject matter of law has taken shape when viewed from a com-parative perspective. The Blackwell Guide to the Philosophy of Law and Legal Theory is a handy guide to the state of play in contemporary philosophy of law and legal theory.

Comprises 23 essays critical essays on the central themes and issues of the philosophy of law today, written by an international assembly of distinguished philosophers and legal theorists Each essay incorporates essential. The idea of legal culture has had an important place in major recent debates about the nature and aims of comparative law.

The idea of legal culture entails that law should be treated as embedded.Comparative Law, Comparative Constitutionalism, And Comparative Judicial Institutions Comparative law as a field may take on a number of meanings within the disciplines of law and political science.

The first, and traditional, meaning of comparative law refers to a comprehensive examination of the different legal traditions that make up the.Jurisprudence.

From the Latin term juris prudentia, which means "the study, knowledge, or science of law"; in the United States, more broadly associated with the philosophy of law.

Legal philosophy has many branches, with four types being the most common. The most prevalent form of jurisprudence seeks to analyze, explain, classify, and criticize entire bodies of law, ranging .