Suchergebnisse

Law is best interpreted in the context of the traditions and cultures that have shaped its development, implementation, and acceptance. However, these can never be assessed truly objectively: individual interpreters of legal theory need to reflect on how their own experiences create the framework within which they understand legal concepts. Theory is not separate from practice, but one kind of practice. It is rooted in the world, even if it is not grounded by it. In this highly original volume, Allan C. Hutchinson takes up the challenge of self-reflection about how his upbringing, education, and scholarship contributed to his legal insights and analysis. Through this honest examination of key episodes in his own life and work, Hutchinson produces unique interpretations of fundamental legal concepts. This book is required reading for every lawyer or legal scholar who wants to analyse critically where he or she stands when they practice and study law

'Great cases' are those judicial decisions around which the common law pivots. In a sequel to the instant classic Is Eating People Wrong?, this book presents eight new great cases from the United Kingdom, the United States and Australia. Written in a highly accessible yet rigorous style, it explores the social circumstances, institutions (lawyers, judges and courts) and ordinary people whose stories shaped the law. Across the courts' diverse and uncoordinated attempts to adapt to changing conditions and shifting demands, it shows the law as the living, breathing and down-the-street experience it really is. Including seminal cases in end of life, abortion and equal rights, this is an ideal introduction for students to legal history and jurisprudence

A Ghost of Many Different Kinds An Informalist Opening ; Conclusion ; 3 Walking Softly: The Positivist Contribution ; In the Middle of the Road ; Taking a Ride ; A Good Night's Sleep ; Conclusion ; 4 Walking with Purpose: A Naturalist Turn ; A Fuller Account ; A Sense of Purpose.

Along with used car dealers and telemarketers, lawyers are considered to be among the least trustworthy of all professionals. If lawyers want more respect, they will have to earn it by reframing their ethical responsibilities. In an original approach to law's moral dilemma, legal theorist Allan C. Hutchinson takes seriously the idea that 'litigation is war'. By drawing an extended analogy with the theory of ethical warfare, he examines the most difficult questions facing practicing lawyers today. Comparing the role of military officers to legal professionals and theories of just peace to legal settlement, Hutchinson outlines a boldly original approach to legal ethics. Fighting Fair's recommendation for a more substantive, honor-based approach to ethics will be a thought-provoking tool for anyone concerned about the moral standing of the legal profession

Great cases are those judicial decisions around which the common law develops. This book explores eight exemplary cases from the United Kingdom, the United States and Australia that show the law as a living, breathing and down-the-street experience. It explores the social circumstances in which the cases arose and the ordinary people whose stories influenced and shaped the law as well as the characters and institutions (lawyers, judges and courts) that did much of the heavy lifting. By examining the consequences and fallout of these decisions, the book depicts the common law as an experimental, dynamic, messy, productive, tantalizing and bottom-up process, thereby revealing the diverse and uncoordinated attempts by the courts to adapt the law to changing conditions and shifting demands. Great cases are one way to glimpse the workings of the common law as an untidy but stimulating exercise in human judgment and social accomplishment

'The Province of Jurisprudence Democratized' explores the implications of taking a vigorously democratic approach to issues of traditional legal theory. Hutchinson introduces the democratic vision and examines the complementary philosophy of a Dewey-inspired pragmatism

Intro -- Contents -- Preface -- ONE: The Province of Jurisprudence Compromised -- TWO: The Province of Jurisprudence Revisited -- THREE: The Provinciality of Jurisprudence Determined -- FOUR: The Morality of Jurisprudence Determined -- FIVE: The Province of Jurisprudence Predetermined -- SIX: The Province of Jurisprudence Moralized -- SEVEN: The Province of Jurisprudence Regenerated -- EIGHT: The Province of The Judiciary Democratized -- NINE: The Experimental Province of Democracy Determined -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- W.

This book offers a radical challenge to accounts of the common law's development. Contrary to received jurisprudential wisdom, it maintains there is no grand theory which will explain satisfactorily the dynamic interactions of change and stability in the common law's history. Offering original readings of Charles Darwin's and Hans-Georg Gadamer's works, the book shows that law is a rhetorical activity that can only be properly appreciated in its historical and political context; tradition and transformation are locked in a mutually reinforcing but thoroughly contingent embrace. In contrast to the dewy-eyed offerings of much contemporary work, it demonstrates that, like life, law is an organic process (i.e., events are the products of functional and localized causes) rather than a miraculous one (i.e., events are the result of some grand plan or intervention). In short, common law is a perpetual work-in-progress - evanescent, dynamic, messy, productive, tantalising, and bottom-up

Table of Contents -- Preface -- Constitutionalizing Procedure -- Constitutional Consideration Concerning National Class Actions -- The Constitutional Position of Civil Remedies: Is Access to the Courts Guaranteed? -- Aboriginal Self-Government Rights: Background and Emerging Issues -- Treaty Lands and Crown Authority: The Impact of Delgamuukw, Badger, and Marshall in Ontario -- Evidence in Aboriginal Title and Other Aboriginal Rights Cases: After Delgamuukw and Van der Peet -- The Legal Framework Governing Secession in Light of the Quebec Secession Reference