The Transformation of American Law, 1870-1960: The Crisis of Legal Orthodoxy (Oxford Paperbacks)
When the first volume of Morton Horwitz’s monumental history of American law appeared in 1977, it was universally acclaimed as one of the most significant works ever published in American legal history. The New Republic called it an “extremely valuable book.” Library Journal praised it as “brilliant” and “convincing.” And Eric Foner, in The New York Review of …
Jurisprudence: Realism in Theory and Practice compiles many of Llewellyn’s most important writings. For his time, the thirties through the fifties, Llewellyn offered fresh approaches to the study of law and society. Although these writings might not seem innovative today, because they have become widely applied in the contemporary world, they remain a testament to his. …
Juvenile Law: A Collection of Leading U.S. Supreme Court Cases
Covering major U.S. Supreme Court cases on juvenile law, this book addresses society’s concerns about youth by focusing on how the law impacts them. Divided into two parts, the book first covers landmark cases that define the legal rights of youth within the juvenile justice process and then focuses on the legal rights of youth at school. …
PHILOSOPHICAL PROBLEMS IN THE LAW is the perfect introduction to the philosophy of law. This collection of articles and cases helps you consider philosophical problems associated with the law through examples, case studies, and decision scenarios. Case examples and recent decisions such as Boumediene v. Bush (rights of Guantanamo detainees) and Brown v. Entertainment Merchants Association (freedom of …
For over forty years John Finnis has pioneered the development of a new classical theory of natural law, a systematic philosophical explanation of human life that offers an integrated account of personal identity, practical reason, morality, political community, and law. The core of Finnis’ theory, articulated in his seminal work Natural Law and Natural Rights, has profoundly influenced …
In Between Facts and Norms, Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action (1981), bringing to fruition the project …
This book examines the relationship between the idea of legitimacy of law in a democratic system and equality, conceived in a tripartite sense: political, legal, and social. Exploring the constituent elements of the legal philosophy underlying concepts of legitimacy, this book demonstrates how a conception of democratic legitimacy is necessary for understanding and reconciling equality and political legitimacy …
This book engages with the politics of social and environmental justice, and seeks new ways to think about the future of urbanization in the twenty-first century. It establishes foundational concepts for understanding how space, time, place and nature – the material frames of daily life – are constituted and represented through social practices, not as separate elements but …
This carefully selected set of readings presents some of the most important articles in the field. The collection is essential reading for anyone with an interest in legal philosophy. Gathers together some of the most important articles in the field of philosophy of law and legal theory. Complements Dennis Patterson’s A Companion to …
Sovereignty’s Promise: The State as Fiduciary (Oxford Constitutional Theory)
Constitutional theory is traditionally concerned with the justification and limits of state power. It asks: Can states legitimately direct and coerce non-consenting subjects? If they can, what limits, if any, constrain sovereign power? Public law is concerned with the justification and limits of judicial power. It asks: On what grounds can judges ‘read down’ or ‘read in’ …