Professor Zenon Bankowski's Books

Legisprudence

Practical Reason in Legislation

By: Professor Luc J Wintgens

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Legisprudence

Practical Reason in Legislation

By: Professor Luc J Wintgens

This book establishes legisprudence, in contrast to jurisprudence, as a legal theory of rational law-making. It suggests that by rejecting the common wisdom about the nature of political law-making, legislation could be improved and streamlined. Using the methods, theoretical insights and tools of current legal theory and philosophy of law in a new way, the book suggests the creation of law by legislators rather than government. Raising new questions and problems of the validity of norms, the book opens a new perspective on legitimacy of norms, their meaning and the structure of the legal system. In distinguishing legitimacy and legitimation of law, the book ventures into the philosophical roots of legal theory and suggests the articulation of a new conception of sovereignty. In shifting the emphasis to the position of the legislator and legislation, this book opens a number of new insights into the relationship between legislative problems and legal theory. Its main claim is that legislation should be justified by the legislator.

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Page Count

350

Publisher

Ashgate Publishing, Ltd.

Published Date

ISBN 10

1409497941

ISBN 13

9781409497943

Law, Culture and Society

Legal Ideas in the Mirror of Social Theory

By: Professor Roger Cotterrell

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Law, Culture and Society

Legal Ideas in the Mirror of Social Theory

By: Professor Roger Cotterrell

This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal studies on the one hand and legal philosophy on the other. It is suggested that the concept of law must be re-considered. Law has to be seen today not just as the law of the nation state, or international law that links nation states, but also as transnational law in many forms. A legal pluralist approach is not just a matter of redefining law in legal theory; it also recognizes that law's authority comes from a plurality of diverse, sometimes conflicting, social sources. The book suggests that the social environment in which law operates must also be rethought, with many implications for comparative legal studies. The nature and boundaries of culture become important problems, while the concept of multiculturalism points to the cultural diversity of populations and to problems of fragmentation, or perhaps to new kinds of unity of the social. Theories of globalization raise a host of issues about the integrity of societies and about the need to understand social networks and forces that extend beyond the political societies of nation states. Through a range of specific studies, closely interrelated and building on each other, the book seeks to integrate the sociology of law with other kinds of legal analysis and engages directly with current juristic debates in legal theory and comparative law.

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Page Count

214

Publisher

Ashgate Publishing, Ltd.

Published Date

ISBN 10

1409493105

ISBN 13

9781409493105

American Lawyers

By: Los Angeles Richard L. Abel Professor of Law University of California

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American Lawyers

By: Los Angeles Richard L. Abel Professor of Law University of California

This detailed portrait of American lawyers traces their efforts to professionalize during the last 100 years by erecting barriers to control the quality and quantity of entrants. Abel describes the rise and fall of restrictive practices that dampened competition among lawyers and with outsiders. He shows how lawyers simultaneously sought to increase access to justice while stimulating demand for services, and their efforts to regulate themselves while forestalling external control. Data on income and status illuminate the success of these efforts. Charting the dramatic transformation of the profession over the last two decades, Abel documents the growing number and importance of lawyers employed outside private practice (in business and government, as judges and teachers) and the displacement of corporate clients they serve. Noting the complexity of matching ever more diverse entrants with more stratified roles, he depicts the mechanism that law schools and employers have created to allocate graduates to jobs and socialize them within their new environments. Abel concludes with critical reflections on possible and desirable futures for the legal profession.

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Page Count

426

Publisher

Oxford University Press, USA

Published Date

ISBN 10

0198021852

ISBN 13

9780198021858

Book's by Professor Zenon Bankowski

Legisprudence

Legisprudence

Law, Culture and Society

Law, Culture and Society

American Lawyers

American Lawyers

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