Suchergebnisse

Any consideration of what legal education should consist of must begin with the question of what "law," as a field of study, is. Whether a study of "the law" is science, philosophy, political science, or a field unto itself, or is more like a social science study of the norms and behaviors that human beings create and enforce for their self- governance, what the field is should have something to do with how it is studied. So, one can ask, what is the object of study when one studies "the law"? Court decisions and interpretations (doctrine) and statutes and regulations (the rules) are "the substantive law" one could study. Or, one could study law's processes ("adjectival" law): procedure; constitutionalism (as in separation of powers, limited and specified authority, and federalism); institutional competence; law-making (legislation, administrative regulation, lobbying, advocacy); or enforcement and compliance (the "law in action"). Then there are the hermeneutics, or interpretative study, of law's meaning(s). To get at more root matters, one could study why there is law and what its purpose is (or should be)-the jurisprudence or theory of law. Even after defining the field of law one would still have to ask whether this field has a particular method of study that qualifies it to be called a discipline. Is law the study of the particular method of legal reasoning, which relies on precedents and rules of cases, differentiation of facts, policy analysis, and use of analogical reason to arrive at statements of what the law is? Does one treat law as the study of texts (as a humanistic discipline)? As the study of predictions or principles of social allocation (law and economics)? Or as predictions or descriptions of the actions of social institutions, legal actors, or the acted upon (socio-legal studies)? Or is law merely a practice or activity, without any particular disciplinary or field boundaries? Law would then be simply all that lawyers do. Or, in Holmesian terms, the law would be only what the law does to ...

What's Fair is a landmark collection that focuses exclusively on the crucial topic of ethics in negotiation. Edited by Carrie J. Menkel-Meadow and Michael Wheeler, What's Fair contains contributions from some of the best-known practitioners and scholars in the field including Roger Fisher, Howard Raiffa, and Deborah Kolb. The editors and distinguished contributors offer an examination of why ethics matter individually and socially, and explain the essential duties and values of negotiation beyond formal legal requirements. Throughout the book, these experts tackle difficult questions such as:W