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1、Interpretation and Legal Theory (Paperback)
by Andrei Marmor
Key Phrases: constructive identification, normal justification thesis, indexical predicates, Twin Earth, Alternative Methods, The Fish-Dworkin Debate (more...)

Product Description
The claim that legal theory is best viewed in the light of a theory of interpretation is subjected here to a comprehensive and critical examination. Interpretation and Legal Theory contains both a critical analysis of some of the most influential interpretative theories of law and an elaborate attempt to defend the legal positivist school of thought in the light of this interpretative challenger, and contains an analysis of the nature of interpretation, the role of authors' intentions in interpretation, the nature of legal theory, and an application of these theoretical considerations to a theory of adjudication in law.

Product Details
Paperback: 192 pages
Publisher: Hart Publishing; 2 edition (January 1, 2005)
Language: English
ISBN-10: 1841134244
ISBN-13: 978-1841134246 
 

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2、Law, Pragmatism, and Democracy (Hardcover)
by The Honorable Richard A. Posner (Author)
Key Phrases: everyday pragmatist, pragmatic adjudication, pragmatic judge, United States, John Dewey, First Amendment

Product Description
A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making.

Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner's theory steers between political theorists' concept of deliberative democracy on the left and economists' public-choice theory on the right. It makes a significant contribution to the theory of democracy--and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.

Product Details
Hardcover: 416 pages
Publisher: Harvard University Press (March 31, 2003)
Language: English
ISBN-10: 0674010817
ISBN-13: 978-0674010819

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3、The Problematics of Moral and Legal Theory (Paperback)
by The Honorable Richard A. Posner (Author)

Product Description
Richard Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Holmes a century ago. "Posner's trenchant criticism of the Kantian assumptions of most contemporary moral philosophy is very refreshing, and much needed. His distinction between 'moral entrepreneurs' and 'academic moral philosophers' is particularly helpful." --Richard Rorty, Stanford University, author of Achieving Our Country "More than ever, Richard Posner lays claim to the mantle of Oliver Wendell Holmes, not only in catholicity of interests, but also, in this instance, because Posner's thoroughgoing, no-holds-barred attack on moral philosophy is reminiscent of Holmes's own acerbic views regarding the potential contribution of moral theorizing to ascertaining the meaning of law." --Sanford Levinson, University of Texas at Austin

Product Details
Paperback: 336 pages
Publisher: Belknap Press of Harvard University Press (May 15, 2002)
Language: English
ISBN-10: 0674007999
ISBN-13: 978-0674007994

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 4、Introduction to Critical Legal Theory (Paperback)
by Ian Ward (Author)

Product Description
Introduction to Critical Legal Theory provides an accessible introduction to the study of law and legal theory. It covers all the seminal movements in classical, modern and postmodern legal thought, engaging the reader with the ideas of jurists as diverse as Aristotle, Hobbes and Kant, Marx, Foucault and Dworkin.

From the Back Cover
Introduction to Critical Legal Theory provides an accessible introduction to the study of law and legal theory. It covers all the seminal movements in classical, modern and postmodern legal thought, engaging the reader with the ideas of jurists as diverse as Aristotle, Hobbes and Kant, Marx, Foucault and Dworkin. At the same time, it impresses the interdisciplinary nature of critical legal thought, introducing the reader to the philosophy, the economics and the politics of law.

This new edition focuses even more intently upon the narrative aspect of critical legal thinking and the re-emergence of a distinctive legal humanism, as well as the various related challenges posed by our 'new' world order.

Introduction to Critical Theory is a comprehensive text for both students and teachers of legal theory, jurisprudence and related subjects.

Product Details
Paperback: 224 pages
Publisher: Gaunt; 1 edition (August 1, 1998)
Language: English
ISBN-10: 185941348X
ISBN-13: 978-1859413487

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5、A Theory of Precedent: From Analytical Positivism to a Post-Analytical Philosophy of Law (Hardcover)
by Raimo Siltala   

Key Phrases: judicial signification, judicial revaluation, precedent ideology, Supreme Court, New York, United Kingdom

Product Description
Analytical jurisprudence has been mostly silent on the role of precedent in legal adjudication. What is the content of a judge's precedent ideology, or the rule of precedent-recognition, by means of which the ratio of a case is to be distinguished from mere dicta? In this study, the author identifies six types of judicial precedent-ideology, among them judicial legislation, systemic construction of the underlying reasons of law in the Dworkinian sense, and a radical re-evaluation of the merits of a prior case in later adjudication, as envisioned by the American Realists.
 

Product Details
Hardcover: 287 pages
Publisher: Hart Publishing (UK) (July 1, 2001)
Language: English
ISBN-10: 1841131237
ISBN-13: 978-1841131238

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