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Topic: Legal theory

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	Legal Fictions and Common Law Legal Theory (Site not responding. Last check: 2007-10-06)
		Perhaps Twining is correct in calling legal theory "the theoretical part of law as a discipline,"{n1} but this seems to emphasize unduly the sense in which law is an academic enterprise, subject to the forms of professional organization which have dominated the study of the social sciences and humanities since the late nineteenth century.
		A legal fiction is a proposition about the substance or procedure of the legal system, purporting to be a principle or rule material to the determination of cases, which rests in whole or in part on factual premises known to be inaccurate at the time of the fiction's invocation.
		In our legal culture, moreover, the notion of statutes as the primary source of law is a recent development, and behind the burgeoning corpus of statutory language of the past seventy-five or one hundred years lies the bulk of the common law, for which no moment of legislative origin can be assigned.
	emoglen.law.columbia.edu /publications/fict.html (6397 words)

	Legal Theory Lexicon
		Normative legal theorists of all stripes--conservatives and liberals, welfarists and deontologists—tend to agree that the institution of law is fundamentally legitimate and that the legal regulation has a large role to play.
		Legal phenomena are examined in a variety of other disciplines—ranging from philosophy and sociology to history and anthropology, but political science (or “politics” or “government”) is the academic discipline that is most strongly associated with the study of law outside of the law schools.
		Legal Theory Legal theory is a much broader and encompassing term, encompassing the philosophy of law and jurisprudence as well as theorizing from a variety of other perspectives, including law and economics and the law and society movement.
	legaltheorylexicon.blogspot.com (17669 words)

	Catholic Legal Theory
		Scaperlanda: Catholic legal theory is an ongoing project of Catholic law professors, legal philosophers and others to participate in drawing on the Catholic intellectual tradition to build a culture that values the dignity of the human person, sees the community as indispensable for human flourishing, and seeks authentic freedom for the person within the community.
		Catholic legal theory focuses, as you might imagine, on the ways that law and legal systems can aid or impede the building of a culture of life.
		Catholic legal theory offers a powerful corrective lens through which to see the fatal defects in the secularist liberal project, while offering a reasonable alternative for the development of a secular legal system in a pluralistic society.
	www.ewtn.com /library/Academic/ZLEGALTH.HTM (1690 words)

	Legal Theory Lexicon
		Another possibility, especially interesting to legal theorists, is that violations of the social contract by the legislative or executive branches are not "law" and hence should not be enforced by the judicial branch.
		Legal pragmatism emphasizes the idea that practical judgment is an ineliminable part of legal reasoning and may even make the stronger claim that the practical trumps the theoretical if the two are in conflict.
		Similarly "legal pragmatism" is not really a single well-defined metatheoretical position, but is, instead, a label that is applied to a number of different moves in general legal theory.
	lsolum.typepad.com /legal_theory_lexicon (16466 words)

	The IR Theory Knowledge Base
		Constructivist theory rejects the basic assumption of neo-realist theory that the state of anarchy (lack of a higher authority or government) is a structural condition inherent in the system of states.
		There are further nuances to the theory: for instance, the sources of power transition vary in their volitility, population change being the least volatile and political capacity (defined as the ability of the government to control resources internal to the country) the most volatile.
		Prospect theory is a psychological theory of decision-making under conditions of risk and derives its name from the tenet that the notion of risk involves some prospect of loss.
	www.irtheory.com /know.htm (7356 words)

	Concurring Opinions: Legal Theory Archives
		A lot of legal argument consists of mastering the reasons for and against various recurring dualisms in the law.
		But because we have no agreement on what is the proper way to interpret legal texts, including constitutions, any labeling system dependent on evaluating a judge's agreement with the "correct" results is not likely to be effective in general conversation.
		It is time to consider a much neglected topic in legal thought: the philosophical significance of the repo man. Aside from providing the grist for cult movies, the repo man also poses some very basic questions about the nature of the social contract and the autonomy of private law.
	www.concurringopinions.com /archives/legal_theory/index.html (5441 words)

	Feminist Legal Theory
		Our legal systems are based on principles such as individual rights, equal treatment for all, and objective standards of proof.
		There is also now in English-speaking countries, feminist legal theory which seeks to eviscerate the foundations of our legal system, the neutrality of the courts.
		Prior to the development of feminist legal theory, female plaintiffs were able to deal with unwanted sexual overtures in the workplace by using the common-law remedies of tort and contract.
	www.harrysnews.com /tgFeministLegalTheory.htm (3388 words)

	Legal Theory Blog
		So, in the real world of nonideal theory, we might be very considered with constraining the jurisdiction and powers of local governments; whereas, this issue may not even arise in the case of ideal theory.
		Legal discourse blends into other discourses: discourses interpenetrate one another and the lines between them may be blurry and jagged rather than focused and straight.
		In torts, deontological theories argue against the economic analysis of tort law and for the idea that tort law is best explained by a theory of corrective justice.
	lsolum.typepad.com /legaltheory (12476 words)

	Deconstructive Practice and Legal Theory-- Part I
		The purpose of this Article is to introduce legal readers to the ideas of the French philosopher Jacques Derrida, and to his philosophical practices regarding the interpretation of texts, sometimes known as deconstruction.
		Legal doctrines are based upon a group of foundational concepts and principles.
		I have argued that legal and moral thought in general is antinomal though not irrational Balkin, The Crystalline Structure of Legal Thought, 39 RUTGERS L. (1987); Balkin, Talking Ideology Seriously: Ronald Dworkin and the CLS Critique, 55 U.M.K.C. (forthcoming).
	www.yale.edu /lawweb/jbalkin/articles/decprac1.htm (5341 words)

	Legal Theory (Site not responding. Last check: 2007-10-06)
		An international quarterly journal published by Cambridge University Press, Legal Theory is co-edited by Professor Larry Alexander of the University of San Diego School of Law.
		Legal Theory draws contributions not only from academic law, but from a wide range of related disciplines in the humanities and social sciences, including philosophy, political science, economics, history and sociology.
		Topics covered fall mainly into the broad categories of analytical and normative jurisprudence, doctrinal theory, policy analyses of legal doctrines and critical theories of law.
	www.sandiego.edu /usdlaw/about/publications/legaltheory.php (164 words)

	Law - Wikipedia, the free encyclopedia
		Egyptian legal principles were adopted and further modified by the Greeks and thereafter by Roman law, especially the Corpus Juris Civilis of Emperor Justinian, as later developed through the Middle Ages by mediæval legal scholars.
		Originally civil law was one common legal system in much of Europe, but with the rise of nationalism in the 17th century Nordic countries and around the time of the French Revolution, it became fractured into separate national systems.
		Economic analysis of law (or economics and law) is the term usually employed to describe an approach to legal theory that incorporates and applies the methods and ideas of economics to the concepts of law.
	en.wikipedia.org /wiki/Legal_theory (2376 words)

	Critical legal theory - Wex
		Critical legal studies (CLS) (http://www.wvu.edu/%7Elawfac/jelkins/critproj/cls.html) is a theory that challenges and overturns accepted norms and standards in legal theory and practice.
		Many CLS scholars entered law school in those years and began to apply the ideas, theories, and philosophies of post modernity (intellectual movements of the last half of the twentieth century) to the study of law.
		Like CLS scholars, legal realists rebelled against accepted legal theories of the day and urged more attention to the social context of the law.
	www.law.cornell.edu /topics/critical_theory.html (379 words)

	Critical Legal Theory
		This course will consider a movement called Critical Legal Studies (CLS), which essentially applies deconstructionist and postmodernist philosophy to legal theory.
		CLS is a form of jurisprudence that proposes that all law embodies "fundamental contradiction.” It further adopts, as a fundamental tenet, that all attempts to explain legal systems are apologetics to mask the fundamental contradiction inherent in law.
		To understand the normative thrust of CLS, this course will review the traditional explanations for legal systems --- positivism, natural law, legal realism and policy jurisprudence — all of which propose that our legal system is (can be?) coherent and self consistent.
	www.law.fsu.edu /academic_programs/curriculum/CriticalLegalTheory.html (140 words)

	Emory Law School: Feminism & Legal Theory
		Workshops, Conferences and Uncomfortable Conversations: the roots of the Feminism and Legal Theory Project date back to 1984 at the University of Wisconsin Law School.
		Martha Albertson Fineman was given a small start-up grant from the Institute for Legal Studies and designed the FLT Project workshops with the intention of answering the need for a place where feminist scholarship could be presented and supported.
		The initial workshops addressed the issue of differences (between women and men and among women) and considered how differences might be relevant to law and to legal theorists.
	www.law.emory.edu /cms/site/index.php?id=1125 (346 words)

	critcrim.org (Site not responding. Last check: 2007-10-06)
		Proponents of this theory believe that logic and structure attributed to the law grow out of the power relationships of the society.
		The law exists to support the interests of the party or class that forms it and is merely a collection of beliefs and prejudices that legitimize the injustices of society.
		The recent (mis)behavior of the U.S. Supreme Court is consistent with the view of critical legal theorist.
	www.critcrim.org /critlegal.htm (512 words)

	Summers legal theory book
		Summers' book addresses the fundamental question: "What is the nature of a legal system?" and shows that it cannot be reduced to a mere system of rules, as previously held by Hans Kelsen and H.L.A. Hart, two of the great analytic legal theorists of the 20th century.
		The author employs a "form-oriented" mode of analysis as the main method for elucidating the nature of functional legal units and of the legal system as a whole, and he looks at each unit in terms of its purposes, overall form, constituent formal features, and material or other components.
		In addition to institutions such as legislatures and courts, the book goes on to apply this approach to legal precepts -- such as rules and principles -- and to such non-preceptual legal units as contracts and property interests, sanctions and remedies, interpretive and other legal methodologies and more.
	www.news.cornell.edu /stories/Jan06/Summers.law.book.html (477 words)

	Legal Theory (Site not responding. Last check: 2007-10-06)
		Finding Japanese legal theory on the web is amazingly difficult, and there appear to be almost no websites which directly address the popular academic theories of Japanese law in the abstract.
		Generally speaking, it seems that the theories of Japanese law are to be inferred from works addressing more specific legal questions.
		Almost invariably to find pages on legal theory requires sifting through large webpages covering many topics, one of which is Japanese legal theory.
	www.law.usyd.edu.au /~luken/legaltheory.htm (282 words)

	ASIL - International Legal Theory
		A scholarly annual newsletter, International Legal Theory facilitates the discussion and exchange of ideas about the philosophical underpinnings of international law.
		With one lead article and several comments, each issue features a debate on a substantive issue in international legal theory.
		Membership in the International Legal Theory Interest Group includes a subscription to the newsletter.
	www.asil.org /resources/iltheory.html (98 words)

	SSRN-A Theory of Legal Strategy by Lynn LoPucki, Walter Weyrauch
		It classifies legal strategies into three types: those that require willing acceptance by judges, those that constrain the actions of judges, and those that entirely deprive judges of control.
		Strategies that depend upon the persuasion of judges are explained through a conception of law in which cases and statutes are almost wholly indeterminate and strategists infuse meaning into these empty rules in the process of argumentation.
		The theory presented explains how superior lawyering can determine outcomes, why local legal cultures exist, how resources confer advantage in litigation, and one of the means by which law evolves.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=203491 (426 words)

	SSRN-Christian Legal Theory by William Stuntz
		The book points to an important gap between a society that includes tens of millions of people for whom Christianity defines reality, and a legal academic world where Christians are few, and most of those few are closeted.
		They may be right: Christianity has less to say about law and legal thought than even its adherents might suppose, and much of what it does have to say is surprisingly conventional.
		It follows that injecting Christian perspectives into legal theory might actually make legal theory more tolerant not, as is widely feared, less so.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=368600 (369 words)

	Inaugural Dennis Leslie Mahoney Prize in Legal Theory awarded to Professor Brian Tamanaha - Centres & Institutes - The ...
		The Committee acknowledges the excellence of all entries, which dealt with a broad range of topics and issues in contemporary legal theory.
		Focusing on this common understanding, the book conducts a survey of Western legal and social theories about law and its relationship within society, engaging in a theoretical and empirical critique of this common understanding.
		The prize, to be awarded every five years, will go to the author or authors of an outstanding published work in the field of jurisprudence which best reflects an approach combining legal theory with sociological inquiry, in the tradition of the jurisprudence of the late Professor Julius Stone.
	www.law.usyd.edu.au /jurisprudence/mahoney.shtml (971 words)

	D. Kelly Weisberg: Feminist Legal Theory - Print
		The second volume will explore the application of feminist legal theory to specific substantive areas of the law, such as criminal law, family law, employment law, and the legal profession.
		The essays, published in widely dispersed legal publications, are thematically arranged, with introductions by the editor, to provide a text for students, a convenient source for scholars and policy makers, and a comprehensive introduction for general readers.
		Their release into our sociopolitical environment will bring us somewhat closer to creating a legal system in which the interests of all persons are indeed regarded with equal respect and consideration.
	www.temple.edu /tempress/titles/857_reg_print.html (834 words)

	Legal Theory
		In the history of legal theory, the criminal enterprise has evolved ahead of the resources of the state or competent authority to interdict their activities.
		Violence and an assortment of behaviors have been associated with the high payoffs of such enterprises.
		The RICO Statutes or more correctly the Racketeer Influenced and Corrupt Organizations Act are fast becoming a major source of legal code for both criminal and civil actions.
	legaltheory.tripod.com (530 words)

	Black American Feminisms Bibliography: Social Sciences: Legal Theory
		Furthermore, the courts compounded the obstacles for the plantiff and others by failing to relate the club's position to those impediments, and by passing up an opportunity to condemn systematic racial, sexual, and economic injustice on behalf of young unmarried fl mothers.
		In Feminist Legal Theory: An Anti-Essentialist Reader, eds.
		License to use images may be available through private treaty with the artist.
	www.library.ucsb.edu /subjects/blackfeminism/soc_legaltheory.html (789 words)

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