Legal Theories: Contexts and Practices 2nd ed

Legal Theories: Contexts and Practices 2nd ed

By Marett Leiboff, Mark Thomas

Book

$125.00 RRP

Date: 24/07/2014

Code: 9780455231051

Thomson Reuters, AUSTRALIA

Browse:

Inspection Copy Request

Inspection Copy Request






Available Formats

Format Title Date Code Price
Book Legal Theories: Contexts and Practices 2nd ed 24/07/2014 9780455231051 $125.00 Add to cart

Description

Legal Theories: Contexts and Practices presents legal theory as a living and evolving entity. The reader is brought into its story as an active participant who is challenged to think about where they sit within the history and traditions of legal theory and jurisprudence. This second edition explores how lawyers and the courts adopt theoretical and jurisprudential positions and how they are influenced by the historical, social, cultural, and legal conditions characteristic of the time in which they live.  It considers how legal theories, too, are influenced by those conditions, and how these combined forces influence and continue to affect contemporary legal thinking and legal interpretation.

Notable in the new edition:

•  the addition of two chapters: Legal Theory in the Age of Google considers the challenges to existing jurisprudential assumptions wrought by new technologies; and, Historicising Legal Theory examines what happens to legal thinking when assumed non-legal knowledge is lost.

• the development of themes introduced in the first edition: whether different generations of lawyers share common assumptions about the human condition; whether shared ideas of community, autonomy and responsibility have been displaced; and, what this might mean for legal theory on the one hand, and for the development of legal principles on the other.

• provision of examples of the uses of legal theory in practice, an explanation of its methods, and an overview of aspects of the content of legal theory.

• remains visually engaging through diagrams, illustrations, tables, charts and photographs demonstrating aspects of legal theories.

• includes a most valuable fold-out historical and contextual timeline tracking the contexts and practices of legal theories across generations, allowing readers to see how the developments in legal theory over time have been expanded. 

•  builds on the popular case studies in two chapters – Just in Case I and Just in Case II – illustrating the way legal theory is used by the courts.

Legal Theories: Contexts and Practices is invaluable reading for students, scholars and practitioners alike and is highly recommended for anyone wanting to know and understand how legal theory, legal philosophy, and jurisprudence form part of the law.  This book presents a new contribution to the emerging body of cultural legal studies theory.

Legal Theories: Contexts and Practices presents legal theory as a living and evolving entity. The reader is brought into its story as an active participant who is challenged to think about where they sit within the history and traditions of legal theory and jurisprudence. This second edition explores how lawyers and the courts adopt theoretical and jurisprudential positions and how they are influenced by the historical, social, cultural, and legal conditions characteristic of the time in which they live.  It considers how legal theories, too, are influenced by those conditions, and how these combined forces influence and continue to affect contemporary legal thinking and legal interpretation.

Notable in the new edition:

•  the addition of two chapters: Legal Theory in the Age of Google considers the challenges to existing jurisprudential assumptions wrought by new technologies; and, Historicising Legal Theory examines what happens to legal thinking when assumed non-legal knowledge is lost.

• the development of themes introduced in the first edition: whether different generations of lawyers share common assumptions about the human condition; whether shared ideas of community, autonomy and responsibility have been displaced; and, what this might mean for legal theory on the one hand, and for the development of legal principles on the other.

• provision of examples of the uses of legal theory in practice, an explanation of its methods, and an overview of aspects of the content of legal theory.

• remains visually engaging through diagrams, illustrations, tables, charts and photographs demonstrating aspects of legal theories.

• includes a most valuable fold-out historical and contextual timeline tracking the contexts and practices of legal theories across generations, allowing readers to see how the developments in legal theory over time have been expanded. 

•  builds on the popular case studies in two chapters – Just in Case I and Just in Case II – illustrating the way legal theory is used by the courts.

Legal Theories: Contexts and Practices is invaluable reading for students, scholars and practitioners alike and is highly recommended for anyone wanting to know and understand how legal theory, legal philosophy, and jurisprudence form part of the law.  This book presents a new contribution to the emerging body of cultural legal studies theory.

Table of Contents

Legal Theory in the Age of Google

Unlocking Legal Theory

Keeping Legal Theory in Mind

The Practices of Legal Theory

Historicising Legal Theory

Community and Conscience

Modern Natural Law: Speaking to the Sky or Looking in Ourselves

Modernism and the Scientific Method: Law’s Search for Certainty and the Shift of Modernism

Liberalism: Explaining Why We Think as We Do

Correcting Irrationality: Positivism and Law’s Commonsense

Doing Common Sense: Positivism in Action

Marx and Law: Breaking Down the System

Law Meets Society

Reconceptualising the Practical: Postmodernism

Feminist Legal Theory

Critical Legal Theories

Critical Race Theory and Postcolonialism

Just in Case I: A jurisprudential anatomy of Evans v NSW

Just in Case II: More jurisprudential anatomies of case law

Concluding, Only to Begin All Over Again

Got a Promo Code?