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Legal Language and American Law: Authority, Morality, and Linguistic Ideology

Elizabeth Mertz

in The Language of Law School: Learning to "Think Like a Lawyer"

Published in print:
2007
Published Online:
January 2010
ISBN:
9780195183108
eISBN:
9780199870875
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195183108.003.0009
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

This book has demonstrated that context matters to the understanding of law school training in a number of ways. In the classroom, aspects of the immediate context are crucial in the dynamics that ... More


On Becoming a Legal Person: Identity and the Social Context of Legal Epistemology

Elizabeth Mertz

in The Language of Law School: Learning to "Think Like a Lawyer"

Published in print:
2007
Published Online:
January 2010
ISBN:
9780195183108
eISBN:
9780199870875
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195183108.003.0006
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

This chapter considers what kind of person is created through the talk of the law school classroom and discusses the larger view of the world, of human selves and motivations, and of social context ... More


13. Kelsen, Quietism, and the Rule of Recognition

MICHAEL STEVEN GREEN

in The Rule of Recognition and the U.S. Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195343298
eISBN:
9780199867806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343298.003.0013
Subject:
Law, Constitutional and Administrative Law

This chapter contrasts Hart's approach with legal quietism. For Hart, when justification of law by law runs out, justification is still available by reference to social facts. For the quietist, legal ... More


Entering the World of U.S. Law

Elizabeth Mertz

in The Language of Law School: Learning to "Think Like a Lawyer"

Published in print:
2007
Published Online:
January 2010
ISBN:
9780195183108
eISBN:
9780199870875
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195183108.003.0001
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

This chapter takes the reader into the law school classroom, stepping into the shoes of law students who are beginning to learn legal language and are initiated into a new way of thinking and talking ... More


Learning to Read Like a Lawyer: Text, Context, and Linguistic Ideology

Elizabeth Mertz

in The Language of Law School: Learning to "Think Like a Lawyer"

Published in print:
2007
Published Online:
January 2010
ISBN:
9780195183108
eISBN:
9780199870875
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195183108.003.0004
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

This chapter examines the shared underlying approach to reading that is conveyed in first-year law school training across otherwise diverse classrooms. The discussion begins with a close study of the ... More


Epistemology and Teaching Styles: Different Forms, Same Message

Elizabeth Mertz

in The Language of Law School: Learning to "Think Like a Lawyer"

Published in print:
2007
Published Online:
January 2010
ISBN:
9780195183108
eISBN:
9780199870875
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195183108.003.0005
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

This chapter deals with the divergent teaching styles found in law schools. It looks at the variety of ways that a similar message about legal language is conveyed in today's law school classroom, ... More


Steps toward a Constructivist and Coherentist Theory of Judicial Reasoning in Civil Law Tradition *

Enrique Cáceres

in Law and Neuroscience: Current Legal Issues Volume 13

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199599844
eISBN:
9780191725227
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599844.003.0025
Subject:
Law, Medical Law

This chapter presents a theoretical model of judicial reasoning that satisfactorily integrates partially provided explanations by three different theoretical research paradigms: philosophy of law, ... More


Latour and the Passage of Law

Kyle McGee (ed.)

Published in print:
2015
Published Online:
May 2017
ISBN:
9780748697908
eISBN:
9781474416061
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748697908.001.0001
Subject:
Law, Philosophy of Law

Thirteen essays exploring Bruno Latour's legal theory from a variety of disciplinary perspectives – including a chapter by Bruno Latour responding to the arguments and critiques offered in each ... More


Evidence of the Law: Proving Legal Claims

Gary Lawson

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226432052
eISBN:
9780226432199
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226432199.001.0001
Subject:
Law, Constitutional and Administrative Law

This is a book about the general structure of proof, how law sometimes recognizes that structure, how it often does not, and what might happen if legal scholars, jurists, and lawyers think about that ... More


Defeasibility, Contributory Conditionals, and Refinement of Legal Systems *

Juliano S.A. Maranhão

in The Logic of Legal Requirements: Essays on Defeasibility

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199661640
eISBN:
9780191745461
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661640.003.0004
Subject:
Law, Philosophy of Law

This chapter takes up with Alchourrón's well-known attack against nonmonotonic logics. It surveys Alchourrón's convictions about legal epistemology and argues that they provided the impetus for his ... More


Introduction

Gary Lawson

in Evidence of the Law: Proving Legal Claims

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226432052
eISBN:
9780226432199
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226432199.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter sets the framework for the book by highlighting, through examples, the law's very different treatment of the proof of legal and factual questions. It outlines how principles of proof ... More


‘The Crown Wears Many Hats’: Canadian Aboriginal Law and the Black-boxing of Empire

Mariana Valverde and Adriel Weaver

in Latour and the Passage of Law

Published in print:
2015
Published Online:
May 2017
ISBN:
9780748697908
eISBN:
9781474416061
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748697908.003.0005
Subject:
Law, Philosophy of Law

In this ambitious but earthbound critique of the ‘black-boxing of empire’, Mariana Valverde and Adriel Weaver adroitly trace the construction and deconstruction of the spectral corpus mysticum in ... More


Dispute and Adjustment

Frederic R. Kellogg

in Oliver Wendell Holmes Jr. and Legal Logic

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226523903
eISBN:
9780226524061
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226524061.003.0007
Subject:
Law, Legal History

Holmes’s judicial method is compared with Mill’s Logic. Its originality is found in its rejection of David Hume’s expository use of the pronoun “we” in finding inductive similarities. Use of the ... More


Customary Law and the Tripartitum

Martyn Rady

in Customary Law in Hungary: Courts, Texts, and the Tripartitum

Published in print:
2015
Published Online:
September 2015
ISBN:
9780198743910
eISBN:
9780191803871
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198743910.003.0002
Subject:
History, European Modern History, Political History

The chapter describes the background to the commissioning of the Tripartitum and its composition. It indicates Werbőczy’s confusion with regard to the origins of the kingdom’s customary law. On the ... More


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