• Law

Fundamental Legal Conceptions as Applied in Judicial Reasoning

And Other Legal Essays (Classic Reprint)
Author: Wesley Newcomb Hohfeld
Publisher: Forgotten Books
ISBN: 9781334594953
Category: Law
Page: 120
View: 6457
Excerpt from Fundamental Legal Conceptions as Applied in Judicial Reasoning: And Other Legal Essays The Nature of Stockholders' Individual Liability for Corporation Debts (1909) 9 Columbia Law Review, 285. The Individual Liability of Stockholders and the Con ict of Laws (1909) 9 Columbia Law Review, 492; (1910) 10 ibid., 283; 10 ibid., 520. The Relations Between Equity and Law (1913) 11 Michigan Law Review, 537. Some Fundamental Legal Conceptions as Applied in Judicial Reason ing (1913) 23 Yale Law Journal, 16; (1917) 26 ibid., 710. The Need of Remedial Legislation in the California Law of Trusts and Perpetuities (1913) 1 California Law Review, 305. A Vital School of Jurisprudence and Law (1914) Proceedings of Association of American Law Schools. The Con ict of Equity and Law (1917) 26 Yale Law Journal, 767. Faulty Analysis in Easement and License Cases (1917) 27 Yale Law Journal, 66. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works."

    • Law

Fundamental legal conceptions as applied in judicial reasoning


Author: Wesley Newcomb Hohfeld,Walter Wheeler Cook
Publisher: Praeger Pub Text
ISBN: N.A
Category: Law
Page: 114
View: 6391
Hohfeld's writings, from 1913 and 1917, delve into the distinctions between such legal concepts as privilege and duty, and right, immunity and liability, etc.


    • Law

Fundamental Legal Conceptions As Applied in Judicial Reasoning by Wesley Newcomb Hohfeld


Author: David Campbell,Philip Thomas
Publisher: Routledge
ISBN: 1351935208
Category: Law
Page: 144
View: 7639
Wesley Newcomb Hohfeld, born in 1879, died prematurely in 1918. He left only a few law journal articles as his published work. His 'Fundamental Legal Conceptions', originally published as two articles in the 'Yale Law Journal' for 1913 and 1917 and left incompletely revised at his death is, however, one of the principal foundations of analytic jurisprudence. The analysis of rights that Hohfeld offers is still regularly cited and relied upon by both lawyers and philosophers, and it is treated as a source of insight into the nature of moral rights as well as the legal rights that were Hohfeld’s own focus of concern. Although some of his analytical distinctions were anticipated by earlier jurists, their insights were fragmentary and imperfect by comparison. Hohfeld’s systematic and exhaustive (yet concise) treatment is generally regarded as unsurpassed. This is not to say that he has not been criticized, but his book forms the essential starting point for any discussion of the nature and structure of rights. 'Fundamental Legal Conceptions' has long been difficult to obtain. This new edition makes this classic of analytic jurisprudence available with a comprehensive introduction by Dr. N.E. Simmonds of Corpus Christi, University of Cambridge, UK.

    • Law

Fundamental Legal Conceptions As Applied in Judicial Reasoning by Wesley Newcomb Hohfeld


Author: David Campbell,Philip Thomas
Publisher: Routledge
ISBN: 1351935208
Category: Law
Page: 144
View: 6415
Wesley Newcomb Hohfeld, born in 1879, died prematurely in 1918. He left only a few law journal articles as his published work. His 'Fundamental Legal Conceptions', originally published as two articles in the 'Yale Law Journal' for 1913 and 1917 and left incompletely revised at his death is, however, one of the principal foundations of analytic jurisprudence. The analysis of rights that Hohfeld offers is still regularly cited and relied upon by both lawyers and philosophers, and it is treated as a source of insight into the nature of moral rights as well as the legal rights that were Hohfeld’s own focus of concern. Although some of his analytical distinctions were anticipated by earlier jurists, their insights were fragmentary and imperfect by comparison. Hohfeld’s systematic and exhaustive (yet concise) treatment is generally regarded as unsurpassed. This is not to say that he has not been criticized, but his book forms the essential starting point for any discussion of the nature and structure of rights. 'Fundamental Legal Conceptions' has long been difficult to obtain. This new edition makes this classic of analytic jurisprudence available with a comprehensive introduction by Dr. N.E. Simmonds of Corpus Christi, University of Cambridge, UK.

    • Torts

Tort Law: Text and Materials


Author: Ken Oliphant,Donal Nolan
Publisher: Oxford University Press
ISBN: 0198745524
Category: Torts
Page: 1048
View: 7409
The sixth edition of this celebrated book brings together a selection of carefully chosen extracts from cases and materials with insightful author text. Each section begins with a clear overview of the law, followed by illustrating extracts from case law and from government reports and scholarly literature, which are supported by the authors' expert explanation and analysis. Opportunities for further research are highlighted by the many suggestions for additional readings that are woven throughout the text. This approach enables students to gain a rich and contextual understanding of the law of tort.

    • Law

The Law of Primitive Man

A Study in Comparative Legal Dynamics
Author: E. Adamson Hoebel
Publisher: Harvard University Press
ISBN: 9780674038707
Category: Law
Page: 368
View: 1755
A classic work in the anthropology of law, this book offered one of the first ambitiously conceived analyses of the fundamental rights and duties that are treated as law among nonliterate peoples (labeled "primitive" at the time of the original publication). The heart of the book is a description and analysis of the law of five societies: the Eskimo; the Ifugao of northern Luzon in the Philippines; the Comanche, Kiowa, and Cheyenne tribes of the western plains of the United States; the Trobriand Islanders of the southwest Pacific; and the Ashanti of western Africa. Hoebel's lucid analysis reveals the variety and complexity of these societies' political and legal institutions. It emphasizes their use of due process in adjudication and enforcement and highlights the importance of general explicit standards of conduct in these societies. In offering these detailed case studies of societies studied by other anthropologists, and in outlining an influential approach to the subject, it remains an illuminating book for both scholars and students.

    • Law

Law and Religion in Public Life

The Contemporary Debate
Author: Nadirsyah Hosen,Richard Mohr
Publisher: Taylor & Francis
ISBN: 1136725849
Category: Law
Page: 288
View: 321
The book is unique in bringing together leading scholars and respected religious leaders to address contemporary issues in the relationship of law, religion and the state. The book highlights the interaction between secular law and religion with particular attention being given to the implications for law and society, religious tolerance and freedom. The book focuses on the practical and topical issues that have arisen in recent years in Australia. As one of the most ethnically diverse countries in the world, a pioneer of multicutural policies in immigration and social justice, Australia is a revealing site for contemporary studies in a world afraid of immigration and terrorism., issues that are affecting much of the globe.

    • Jurisprudence

Jural Relations


Author: Albert Kocourek
Publisher: William S. Hein & Co., Inc.
ISBN: 9780930342791
Category: Jurisprudence
Page: 482
View: 3741
Deals with topics usually discussed in treatises on "Jurisprudence"; more specifically, this work deals chiefly with the jurisprudence topic of "Rights."

    • Psychology

Perspectives on Thinking and Reasoning

Essays in Honour of Peter Wason
Author: Stephen E. Newstead,Jonathan St. B. T. Evans
Publisher: Psychology Press
ISBN: 9780863773587
Category: Psychology
Page: 309
View: 4261
In recent years, there has been a massive upsurge in interest in the psychology of thinking and reasoning. This book contains contributions from virtually all the main players involved in research into these areas. It focuses on three reasoning problems devised by Peter Wason which have inspired countless journal articles over the past 25 years: the selection task, the 2-4-6 task and the THOG problem. Despite this intense interest, the reasons why people make so many errors in these seemingly simple tasks are still not fully understood. A variety of different theoretical perspectives have been used in trying to explain performance. These include: the mental models approach, the pragmatic reasoning approach and the mental logic approach. All of the leading proponents of these theories have contributed chapters to this book in which they expand and update their theories. Other chapters, some reviewing the literature, others offering new theoretical perspectives, have been produced by leading researchers from both sides of the Atlantic. There is a final chapter from Peter Wason himself, whose early research prompted the initial interest in these areas. He describes how he came to create the tasks which have proved so influential. The entire book is in essence a tribute to his enormous contribution to research in the psychology of reasoning. This book will be of relevance to all those interested in human thinking, including students and researchers in psychology, cognitive science and philosophy.

    • Law

Realistic Socio-legal Theory

Pragmatism and a Social Theory of Law
Author: Brian Z. Tamanaha
Publisher: Oxford University Press
ISBN: 9780198265603
Category: Law
Page: 280
View: 9854
Combining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area. Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear and concise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.

    • Law

Equity and Law


Author: María José Falcón y Tella
Publisher: BRILL
ISBN: 904744034X
Category: Law
Page: 356
View: 8448
This book includes a dynamic study of the different types of equity throughout history and in the different legal systems; the concept, content, limits, functions and types of equity; the relationship between equity and related ideas, and equity in all the branches of the legal order.

    • Law

Perspectives on Commercializing Innovation


Author: F. Scott Kieff,Troy A. Paredes
Publisher: Cambridge University Press
ISBN: 113950455X
Category: Law
Page: N.A
View: 8286
Intellectual property is a vital part of the global economy, accounting for about half of the GDP in countries like the United States. Innovation, competition, economic growth and jobs can all be helped or hurt by different approaches to this key asset class, where seemingly slight changes in the rules of the game can have remarkable impact. This book brings together diverse perspectives from the fields of law, economics, business and political science to explore the ways varying approaches to intellectual property can positively and negatively impact our economy and society. Employing approaches that are both theoretically rigorous and grounded in the real world, Perspectives on Commercializing Innovation is well suited for practising lawyers, managers, lawmakers and analysts, as well as academics conducting research or teaching in a range of courses in law schools, business schools and economics departments, at either the undergraduate or graduate level.

    • Political Science

Advanced Introduction to International Human Rights Law


Author: Dinah L Shelton
Publisher: Edward Elgar Publishing
ISBN: 1782545220
Category: Political Science
Page: 352
View: 9839
In this landmark text, Dinah L. Shelton offers an insightful overview of the current state of international human rights law: its norms, institutions and procedures, both global and regional. Providing an invaluable entry point to this complex area of

    • Law

The Judicial Process

Realism, Pragmatism, Practical Reasoning and Principles
Author: E. W. Thomas
Publisher: Cambridge University Press
ISBN: 9780511128622
Category: Law
Page: 432
View: 1119
In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.

    • Australia

Studies in History and Jurisprudence


Author: James Bryce Bryce (Viscount)
Publisher: N.A
ISBN: N.A
Category: Australia
Page: 926
View: 2006

    • Philosophy

Position and Change

A Study in Law and Logic
Author: L. Lindahl
Publisher: Springer Science & Business Media
ISBN: 9401012024
Category: Philosophy
Page: 306
View: 3372
The present study which I have subtitled A Study in Law and Logic was prompted by the question of whether an investigation into law and legal systems could lead to the discovery of unrevealed fundamental patterns common to all such systems. This question was further stimulated by two interrelated problems. Firstly, could an inquiry be rooted in specifically legal matters, as distinct from the more usual writings on deontic logic? Secondly, could such inquiry yield a theory which would nevertheless embrace a strict and simple logical structure, permitting substantive conclusions in legal matters to be deduced from simple rules governing some basic concepts? Before the development of deontic logic, W. N. Hohfeld devoted his efforts to this question at the beginning of this century. However, with this exception, few jurists have studied the interrelation between law and logic projected in this way. Nevertheless, two great names are to be found, Gottfried Wilhelm Leibniz and Jeremy Bentham-both philo sophers with legal as weIl as logical training. Bentham's investigations of logical patterns in law have only recently attracted attention; and as for Leibniz, his achievements are still almost totally unexplored (his most important writings on law and logic have not even been translated from Latin). My initial interest in the question was evoked by Professor Stig Kanger. Although primarily a logician and philosopher, Stig Kanger has been interested also in the fundamentals of legal theory.

    • Judges

The Nature of the Judicial Process


Author: Benjamin Nathan Cardozo
Publisher: Yale University Press
ISBN: N.A
Category: Judges
Page: 180
View: 3774
In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.

    • History

Select Essays in Anglo-American Legal History;


Author: John Henry Wigmore,Ernst Freund,Association of American Law Schools
Publisher: Palala Press
ISBN: 9781377982311
Category: History
Page: 878
View: 9069
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