Book picks similar to
Legal Reasoning and Legal Theory by Neil MacCormick
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Breakdown: The Inside Story of the Rise and Fall of Heenan Blaikie
Norman Bacal - 2017
When it collapsed in February 2014, lawyers across Canada and the business community were stunned. What went wrong? Why did so many lawyers run for the exit? How did it implode? What is it that holds professional partnerships together?This is the story of the rise and fall of a great company by the ultimate insider, Norman Bacal, who served as managing partner until a year before the firm's demise. Breakdown takes readers into the boardroom offices during the heady growth of a legal empire built from the ground up over 40 years. We see how after a change of leadership tensions erupted between the Toronto and Montreal offices, and between the hard-driving lawyers themselves. It is a story about the extraordinary fragility of the legal partnership, but it's also a classic business story, a cautionary tale of the perils of ignoring a firm's culture and vision.Normal0falsefalsefalseEN-USJAX-NONE<!--StartFragment--><!--EndFragment--><!--EndFragment-->
Taking Rights Seriously
Ronald Dworkin - 1977
Clearly and forcefully, Ronald Dworkin argues against the "ruling" theory in Anglo-American law--legal positivism and economic utilitarianism--and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority.Mr. Dworkin criticizes in detail the legal positivists' theory of legal rights, particularly H. L. A. Hart's well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls's theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals.Ronald Dworkin's theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.
Law, Liberty, and Morality
H.L.A. Hart - 1963
Friedmann, Natural Law Forum
Reflections on Judging
Richard A. Posner - 2013
Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers.For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating canons of constructions (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
Pure Theory of Law
Hans Kelsen - 1934
A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.
EU Law: Text, Cases and Materials
Paul Craig - 1995
Written by two experts in the field, the book offers the reader and authoritative and comprehensive guide to all aspects of EU law. Though the unique mix of text and cases and materials, the fully revised and updated third edition addresses all recent key developments in legislation, with particular focus on the Treaty of Nice. The structure and format of the chapters have been substantially improved by introducing tools to help navigate throughout the text. In particular, there are new sections on 'central issues, ' which introduce each chapter, summaries that explain complex concepts and legislation and conclusions that draw all themes and analysis together
Law and Revolution
Harold J. Berman - 1983
Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries.Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law.Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wideranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals.Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modem Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.
The Devil's Advocate
Iain Morley - 2005
Written in a humorous and engaging style, this pocket-sized ready-reckoner is easy to read with the text presented in easily absorbable sections. The author steers the reader through the key principles and practical applications of advocacy, step by step in a clear and logical manner.
Criminal Justice (Max Harrison #1)
Patrick Grisham - 2014
Criminal attorney Max Harrison takes on a case for an old school friend, Wayne Snowden. Wayne has been charged with the attempted murder of an old flame, but it quickly becomes evident that the prosecution is not interested in this conviction. So why are they still pressing ahead with the charge? What is Wayne hiding? This thrilling legal short story will take you for a ride through the courtroom and leave you with twists and turns that you didn’t see coming.
The Civil Law Tradition: An Introduction to the Legal Systems of Europe and Latin America
John Henry Merryman - 1969
This new edition deals with recent significant events—such as the fall of the Soviet empire and the resulting precipitous decline of the socialist legal tradition—and their significance for the civil law tradition. The book also incorporates the findings of recent important literature on the legal cultures of civil law countries.
International Law
Malcolm N. Shaw - 1991
The fifth edition includes new material on Inter-state Courts and Tribunals, arbitration tribunals and the role of international institutions such as the WTO. It will remain an invaluable resource for students and practitioners alike. While essential reading for students of international relations and the political sciences, the scope of the text also makes it of interest to lawyers and government and international employees. Previous Edition Hb (1997): 0-521-59384-0 Previous Edition Pb (1997): 0-521-57667-9
To Be Fair: Confessions of a District Court Judge
Rosemary Riddell - 2021
Law as a Career
Tanuj Kalia - 2015
An overview of law as a career: Is law the right career option for you? What are the biggest myths about being a lawyer? Which are the best law schools?2. CLAT and other law entrance tests like the AILET, SET and LSAT: Get a complete section-wise guide on the ideal strategy3. The law college life: How to navigate through the cultural change from school to college? How to go about moot courts, paper publications and seminars? How to excel in your career while enjoying your college? Also get to know all about the LL.M. abroad option4. Internships, CVs and jobs: How to plan and structure your internships in Law College? How to hunt for and secure the best internships? How to secure that elusive pre-placement offer (PPO) and prepare for job interviews? How to craft winning CVs and cover letters?5. Career options: An A to Z guide on 20 amazing career options in law through in-depth interviews with 45 top-notch legal professionals. This chapter contains detailed guide for a career in litigation, law firms, NGOs, LPOs, private and public companies, IPR Law, legal journalism, academia, entrepreneurship, mediation, cyber law, tax law, politics and more
The Leviathan in the State Theory of Thomas Hobbes: Meaning and Failure of a Political Symbol
Carl Schmitt - 1938
First published in 1938, The Leviathan in the State Theory of Thomas Hobbes used the Enlightenment philosopher’s enduring symbol of the protective Leviathan to address the nature of modern statehood. A work that predicted the demise of the Third Reich and that still holds relevance in today’s security-obsessed society, this volume will be essential reading for students and scholars of political science. “Carl Schmitt is surely the most controversial German political and legal philosopher of this century. . . . We deal with Schmitt, against all odds, because history stubbornly persists in proving many of his tenets right.”—Perspectives on Political Science “[A] significant contribution. . . . The relation between Hobbes and Schmitt is one of the most important questions surrounding Schmitt: it includes a distinct, though occasionally vacillating, personal identification as well as an association of ideas.”—Telos
Civil Procedure: Examples & Explanations
Joseph W. Glannon - 1992
v. Darue Engineering & Manufacturing and Exxon-Mobil Corporation v. Allapattah Services, Inc.- a new chapter on Federal Rule 15 (Amendments to Pleadings), including amendments as of right, the relation back of amendments, and the confusing provision for amendments adding claims against new parties- citations reflecting the most current law throughout the book, which has been entirely updated