Contents: LEGAL THEORY 1. Reflections on law in context / William Twining -- 2. Are omissions less culpable? / Tony Honore -- 3. Scandinavian legal realism in the law of contract / Jan Hellner -- 4. Statutes and contracts as founts of formal reasoning / Robert S. Summers -- 5. Conceptions of public policy / John Bell LEGAL HISTORY 6. Aftermath / Paul D. Carrington -- 7. The role of the judiciary: lessons from the end of empire / Robert (...) Stevens -- 8. The Origins of futures trading in the Liverpool Cotton Market COMMON LAW 9.payment undertakings / Roy Goode -- 10. Pre-contractual duties of disclosure / S.M. Waddams -- 11. Three problems with the new product liability / Jane Stapleton -- 12. Evaluating the goals of personal injury law: some empirical evidence / Donald Harris -- 13. Negligence and economic loss / John Dwyer -- 14. Libel and constitutional free speech / John Fleming -- 15. The basis of tortious liability / Peter Cane. (shrink)

New to English law? Need to know how rules are made, interpreted and applied? This popular and well-established textbook will show you how. It simplifies legal method by combining examples with an account of rules in general: the who, what, why and how of interpretation. Starting with standpoint and context, it identifies factors that give rise to doubts about the interpretation of a rule and recommends a systematic approach to analysing those factors. Questions and exercises integrated in the text and (...) on the accompanying website will help you to develop skills in reading, interpreting and arguing about legal and other rules. The text is fully updated on developments in the legislative process and the judicial interpretation of statutes and precedent. It includes a new chapter on 'The European Dimension' reflecting the changes brought about by the Human Rights Act 1998. (shrink)

The Rationalist Tradition of evidence scholarship1 The history of the law of evidence is the history of a series of largely isolated responses to particular ...

First published in 1973, Karl Llewellyn and the Realist Movement is a classic account of American Legal Realism and its leading figure. Karl Llewellyn is the best known and most substantial jurist of the group of lawyers known as the American Realists. He made important contributions to legal theory, legal sociology, commercial law, contract law, civil liberties and legal education. This intellectual biography sets Llewellyn in the broad context of the rise of the American Realist Movement and contains an overview (...) of his life before focusing on his most important works, including The Cheyenne Way, The Bramble Bush, The Common Law Tradition and the Uniform Commercial Code. In this second edition the original text is supplemented with a preface by Frederick Schauer and an afterword in which William Twining gives a fascinating account of the making of the book and comments on developments in relevant legal scholarship over the past forty years. (shrink)

This book explores how globalisation influences the understanding of law. Adopting a broad concept of law and a global perspective, it critically reviews mainstream Western traditions of academic law and legal theory. Its central thesis is that most processes of so-called 'globalisation' take place at sub-global levels and that a healthy cosmopolitan discipline of law should encompass all levels of social relations and the legal ordering of these relations. It illustrates how the mainstream Western canon of jurisprudence needs to be (...) critically reviewed and extended to take account of other legal traditions and cultures. Written by the one of the foremost scholars in the field, this important work presents an exciting alternative vision of jurisprudence. It challenges the traditional canon of legal theorists and guides the reader through a field undergoing seismic changes in the era of globalisation. This is essential reading for all students of jurisprudence and legal theory. (shrink)

This work brings together eight linked essays which make the case for a revival of general jurisprudence in response to the challenges of globalisation, explores how far the heritage of Anglo-American jurisprudence and comparative law is adequate to meeting the challenges, and puts forward an agenda for general jurisprudence and comparative law, especially in the English-speaking world in the first ten or twenty years of the millennium. The book is traditional in focussing on the mainstream of Anglo-American intellectual heritage and (...) moderately radical in identifying the need for rethinking basic issues and putting forward a series of provocative propositions as a basis for discussion. (shrink)

The central theme of Twining's book is that law is a marvellous subject of study, but to do justice to its potential requires an enlargement of vision, multiple perspectives, and a radical reappraisal of the role, culture, and practices of law schools. Treating theory, education, scholarship,publishing, and professional practice as complementary activities, the author explores the history, philosophy, and practical problems of attempts to broaden the study of law in a disciplined way. He draws upon his personal experience of (...) law schools throughout the common law world and his specialknowledge of jurisprudence, evidence,torts and legal method to examine a wide range of topics in depth. These include, for example, the nature and tasks of legal theory, different kinds of legal literature, and access to legal education and the profession. This provocative and readable book willappeal to all those with an interest in the roles of legal theory, law schools, and lawyers in a changing world. (shrink)

This is the engaging and accessible intellectual memoir of a leading jurist. It tells the story of the development of his thoughts and writings over sixty years in the context of three continents and addresses the complexities of decolonisation, the troubles in Belfast, the contextual turn in legal studies, rethinking evidence and the implications of globalisation which have been central to his life and research. In propounding his original views as an enthusiastic self-styled 'legal nationalist', Twining maps his ideas (...) of law as a unique discipline, which pervades all spheres of social and political life while combining theory and practice, concepts and values, facts and rules in uniquely fascinating ways. Addressed to academic lawyers generally and to other non-specialists, this story brings out the importance and fascinations of a discipline that has changed, expanded and diversified in the post-War years, with an eye to its future development and potential. (shrink)

However little that various disciplines in the humanities and social sciences might seem to have in common, they share certain interests in methodological problems relating to evidence, inference, and interpretation. By pursuing these shared interests across divergent topics and fields, the contributors to this book advance our understanding of how such truth-seeking, proof-finding methods work, and of what it means to prove something in a range of contexts. Coedited by William Twining, one of the world's outstanding evidence scholars, and (...) Lain HempsherMonk, a leading political theorist, the volume considers intriguing questions from different realms--Assyriology, theatre iconography, musicology, criminology, the history of ideas and colonial history--as it reveals how particular concepts, lines of questioning, and techniques of reasoning and analysis developed in one context can be fruitfully applied in others. (shrink)

This essay examines the use of fictions in the reasoning of the House of Lords and United Kingdom Supreme Court in the context of two recent lines of authority on English tort law. First, the essay explores the relevance of counter-factual scenarios to liability in the tort of false imprisonment, in the light of the Supreme Court decisions in Lumba and Kambadzi. The second series of decisions is on causation in negligence claims arising from asbestos exposure. These cases have revealed (...) fundamental, ongoing judicial disagreement about the nature and extent of the exceptions made to general principles. The cases are also shown to lend force to Del Mar’s argument about the diachronicity of legal fictions. Overall, it is argued that such fictions play an important role in common law reasoning. (shrink)

Some law students find jurisprudence daunting, impersonal, dry and seemingly detached from practical affairs. Building on a pragmatic view of jurisprudence, The Great Juristic Bazaar explores different ways of reading and using Juristic texts, to set them in context, to bring them to life and to engage with the reader's own concerns.

Ethnographic interviews were conducted with 28 pit bull "owners" to explore the sociological experience of having a dog with a negative image. Results indicate that the vast majority of respondents felt that these dogs were stigmatized because of their breed. Respondents made this conclusion because friends, family, and strangers were apprehensive in the presence of their dogs and because they made accusations about the breed's viciousness and lack of predictability. In the face of this stigma, respondents resorted to using a (...) variety of interactional strategies to lessen the impact of this perception or prevent it from occurring. These strategies included passing their dogs as breeds other than pit bulls, denying that their behavior is biologically determined, debunking adverse media coverage, using humor, emphasizing counter-stereotypical behavior, avoiding stereotypical equipment or accessories, taking preventive measures, or becoming breed ambassadors. (shrink)

En reseña de:Schum, David, Los fundamentos probatorios del razonamiento probabilístico, traducción y edición a cargo de Orión Vargas, Xpress Estudio Gráfico y Digital, 2016, 665 páginas.

This volume brings together leading theoretical writings on legal fact-finding which are dispersed and not readily accessible.

A just international order and a healthy cosmopolitan discipline of law need to include perspectives that take account of the standpoints, interests, concerns and beliefs of non-Western people and traditions. The dominant scholarly and activist discourses about human rights have developed largely without reference to these other viewpoints. Claims about universality sit uneasily with ignorance of other traditions and parochial or ethnocentric tendencies. The object of the book is to make accessible the ideas of four jurists who present distinct 'Southern' (...) perspectives on human rights. (shrink)

La disciplina del Derecho, tal y como está institucionalizada en la tradición angloamericana y, de manera general, en Occidente, responde de diversas maneras a los desafíos de la llamada “globalización” (utilizada aquí en un sentido amplio). Estas respuestas son dinámicas, fragmentadas, emocionantes y amenazadoras. Una de las tareas de la teoría del Derecho es dar sentido y evaluar estos avances. Los especialistas necesitamos preguntarnos: “¿cuáles son las implicaciones de la globalización para mi especialidad o en este tema de investigación?” El (...) propósito de este trabajo es sugerir una aproximación a esta cuestión, a través de un examen auto-crítico de las hipótesis del trabajo propio, desde una perspectiva global, utilizando “tipos ideales” ilustrativos de las tendencias y asunciones que sustentan (a) las tradiciones occidentales de la Ciencia del Derecho; (b) la tradición occidental y “territorial” del clásico Derecho micro-comparativo y (c) un modelo ingenuo de escritos legales sobre transmisión/recepción/difusión. Estas construcciones indican que nuestras culturas académicas han tendido a estar orientadas, por lo general, hacia el Estado y a ser seculares, positivistas, “de arriba hacia abajo”, norte-céntricas, ignorantes de otras tradiciones, no-empíricas y universalistas respecto a la moral. Es decir, y por supuesto, una caricatura. Pero en la medida en que estas asunciones y tendencias se mantienen, estos modelos ideales ponen de relieve algunos puntos cruciales con los que son desafi ados, mediante la adopción de una perspectiva global. Tales puntos incluyen la importancia del Derecho no-estatal, el pluralismo legal y normativo, las explicaciones acerca de la convergencia, la armonización y la difusión (¿se refi eren estos informes sólo a “al Derecho de superficie”?), las concepciones cambiantes de los límites territoriales y de la soberanía, la “caja negra” de la teoría del Derecho (por ejemplo, Hart) y de la justicia (por ejemplo, Rawls), el etnocentrismo, la falacia de que vivimos en “una era secular”, la importancia del pluralismo de creencias, y la escasez en nuestro stock de conceptos analíticos que trasciendan las culturas y tradiciones jurídicas. (shrink)

This chapter examines critically both the idea of ‘a multidisciplinary field’ or ‘an integrated science’ of evidence, and scepticism about and resistance to this idea from the standpoint of a jurist who has been involved with interdisciplinary work on evidence in law for many years. The chapter is organized as follows. Part I presents an overview of the intellectual history of the academic study of evidence in law in the Anglo‐American tradition and shows how important aspects of the field came (...) to be recognised as inherently multidisciplinary. Part II identifies some limitations of legal perspectives on evidence, especially when the focus is on contested trials. It recounts the story of attempts to move beyond law in the direction of constructing a general field of evidence that formed part of the background of the UCL programme. Part III examines some of the reasons for suspicion of and resistance to the idea of ‘an integrated science of evidence’. Part IV restates the case for recognition and institutionalisation of evidence as a special focus of attention at the present time and puts forward a personal agenda of general questions that still need to be tackled. (shrink)

This paper sets out a view of a General Jurisprudence that is needed to underpin the institutionalised discipline of law as it becomes more cosmopolitan in the context of “globalisation”, and considers its implications. Part I restates a position on the mission and nature of the discipline of law and of the role of jurisprudence, as its theoretical part, in contributing to the health of the discipline. Part II clarifies some questions that have been raised about this conception of General (...) Jurisprudence: (i) the implications of “globalisation”; (ii) The meaning of “General Jurisprudence” in this context; (iii) The relationship between Jurisprudence, Legal Philosophy, and social scientific approaches to law; and (iv) The significance of the idea of “non-state law”. Part III illustrates through concrete examples some implications for possible agendas and issues suggested by this model within the areas roughly characterised as analytical, normative, empirical, and critical jurisprudence, including critical analysis of the assumptions and presuppositions typically underpinning mainstream work in fields such ascomparative law, public international law, religious law, and socio-legal studies. (shrink)

Scholars in diverse academic disciplines discuss the ways in which evidence is conceived, used, and manipulated in their own fields. They explore the possibilities for cross-disciplinary fertilisation and ask if it is possible or desirable to develop general multidisciplinary criteria and methods for studying and handling evidence.

This book presents papers that deal with Hans Kelsen's legal philosophy, and includes contributions from Hedley Bull, J.W. Harris, Phillip Pettit, Joseph Raz, Jes Bjarup, and Stanley L. Paulson.

... or political office or scientific research tends to think everything small which does not visibly contribute to money-getting, or political influence, ...

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 Excerpt:...gave opportunities for abuse which did not exist before. Where these powers were greatest, these abuses developed first and made the earliest public scandals. It was here that the business men themselves felt the need of remedies deeper reaching than those which the law could give. Combinations of merchants or (...) manufacturers or of financiers outside the regular lines of banking were a later thing, and therefore we are only at this moment correcting the evils which are incident to their conduct. It takes a long time for a man to learn to transfer a principle of morality which he fully recognizes in one field to another field of slightly different location and character, particularly if the application of strict morality in the new field is going to hurt his personal interest. I remember a story of a country court in a warranty case which furnishes an instance in point. One man had sold another a cow, and had represented that cow as possessing certain good qualities--adding, however, that he did not warrant her. The cow proved not to possess the qualities alleged, and the buyer sought to recover the purchase-money. As there was no dispute about the facts, the plaintiff's attorney thought that he had an easy case; for it is a well-established principle of law that a disclaimer of warranty in such a sale does not protect the transaction from the taint of fraud, if the matters in question were ones which the seller really could know and the buyer could not. He showed a sufficient number of legal precedents to illustrate this principle, but was somewhat dumbfounded when the opposing lawyer rose and said: "May it please the court, every one of the cases cited by my learned brother is a horse case. I defy him to produce one relating to horned cattle." The... (shrink)

This is the fourth instalment of our census and study of the reception of the first nine editions of De iure belli ac pacis. Here we focus on the two versions that Johannes Janssonius issued in 1632, one with a copy of Mare liberum attached to it. This report outlines the place of the 1632 Janssonius edition in the context of his long-running rivalry with the printer Willem Blaeu and his firm. It then explores the typographical differences between the two (...) issues, their causes, and their significance for our understanding of the reception of the text. Finally, it provides the preliminary results of the census concerning the circulation and provenance of the fifty-three copies of this edition that we have found. We hope that this research note on the preliminary results will attract interest in this edition and that readers will kindly inform us of further copies. (shrink)

This article constitutes the sixth instalment in our series on the census and study of the reception of the first nine editions of De iure belli ac pacis. This edition has long held a prominent place in studies and editions of Grotius’s work since it was the last published during his lifetime. The report first outlines the genesis of the edition in the context of Grotius’s relationship with Johann Blaeu (1596–1673) and Cornelius Blaeu (1610–1642), who had recently inherited the Blaeu (...) print firm from their father Willem. It then elucidates a number of crucial ways in which the 1642 edition differed from the five previous editions, especially via the addition of an extensive new series of annotations to ibp and a separate set addressed to the Epistle of Philemon. Finally, it concludes by providing the preliminary results of the census concerning the one hundred and twenty-one copies we have found. (shrink)

This article provides new information on the printing and readership history of the fifth edition of De iure belli ac pacis. Building on our earlier research on the way that the dispute between Willem Janszoon Blaeu and Johannes Janssonius influenced the publication of the 1631 edition of the text, this article studies how Blaeu harnessed his position to make the 1632 edition more reputable than the earlier version published by his rival. The article considers how, over four centuries, readers have (...) appreciated the quality of the production and three engaged with the text for radically different ends: Remigius Faesch, Baron von Boineburg, and Wendell Phillips. The article draws attention to the changes and continuities in reading and annotation patterns and offers preliminary insights into the themes that these influential readers focused on. We hope that it will inspire readers to bring further copies to our attention. (shrink)