Jump to ContentJump to Main Navigation

You are looking at 1-20 of 22 items

  • Keywords: legal formalism x
Clear All Modify Search

View:

The Challenge of Formalism

Neil Duxbury

in Patterns of American Jurisprudence

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264910
eISBN:
9780191682865
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264910.003.0002
Subject:
Law, Philosophy of Law

This chapter describes the second period of American legal history, the period of legal formalism. It specifically provides a discussion of late nineteenth and early twentieth-century legal formalism ... More


THE DECLINE OF FORMALISM AND THE RISE OF VALUES

Menachem Mautner

in Law and the Culture of Israel

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199600564
eISBN:
9780191729188
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600564.003.0005
Subject:
Law, Philosophy of Law

This chapter discusses two significant changes discernible in the jurisprudence of Israel's Supreme Court in the 1980s and 1990s. First, the canonical reasoning in the Court's opinions from the ... More


Is There an “American” Jurisprudence? *

BRIAN LEITER

in Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199206490
eISBN:
9780191715020
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206490.003.0005
Subject:
Law, Philosophy of Law

This chapter shifts the focus from the philosophical response to Realism to that within academic law. It uses Neil Duxbury's interesting, if sometimes quite misleading, book Patterns of American ... More


Patterns of American Jurisprudence

Neil Duxbury

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264910
eISBN:
9780191682865
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264910.001.0001
Subject:
Law, Philosophy of Law

This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The book argues that it is a ... More


Legal Formalism

Ernest J. Weinrib

in The Idea of Private Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199665815
eISBN:
9780191748622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199665815.003.0002
Subject:
Law, Philosophy of Law, Law of Obligations

Formalism is the theory appropriate to understanding private law from within. Legal Formalism makes the notion of form central to the understanding of juridical relationships. Form brings together ... More


Classical Orthodoxy and Legal Realist Responses Through the Lens of the Heuristics Debate

Mark Kelman

in The Heuristics Debate

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199755608
eISBN:
9780199895236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199755608.003.0009
Subject:
Law, Philosophy of Law

While neither Langdell nor Holmes self-consciously addressed the nature of human cognition in defending, respectively, the Classical synthesis about law or a more pragmatic Realist approach, this ... More


democratic adjudication

Christopher J. Peters

in A Matter of Dispute: Morality, Democracy, and Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195387223
eISBN:
9780199894338
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387223.003.0006
Subject:
Law, Philosophy of Law

This chapter uses the dispute-resolution account of legal authority to describe the basic relationship between adjudication and legislation in a democracy. While statutes and other general legal ... More


Law and the Culture of Israel

Menachem Mautner

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199600564
eISBN:
9780191729188
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600564.001.0001
Subject:
Law, Philosophy of Law

Within a short span of time in the course of the 1980s, the Supreme Court of Israel effected far-reaching changes in its legal doctrine and in the way it perceives its role among the state's ... More


Shapes of International Law

in Hegel's Laws: The Legitimacy of a Modern Legal Order

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804750301
eISBN:
9780804779418
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804750301.003.0011
Subject:
Law, Legal History

This chapter identifies three shapes of international legal consciousness: international law as abstract right; international law as civil society; and an organic world history. It begins by ... More


The Common Law in Two Voices: Language, Law, and the Postcolonial Dilemma in Hong Kong

Kwai Hang Ng

Published in print:
2009
Published Online:
June 2013
ISBN:
9780804761642
eISBN:
9780804772358
Item type:
book
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804761642.001.0001
Subject:
Sociology, Politics, Social Movements and Social Change

Hong Kong is one of the very few places in the world where the common law can be practiced in a language other than English. Introduced into the courtroom over a decade ago, Cantonese has ... More


Introduction

Alan Brudner

in The Unity of the Common Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199592807
eISBN:
9780191767944
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592807.003.0001
Subject:
Law, Constitutional and Administrative Law, Legal History

The book’s thesis is situated with respect to functionalist theories that reduce transactional law to public law and to legal formalism, which reduces transactional law to private law. The argument ... More


Conclusion

in Hegel's Laws: The Legitimacy of a Modern Legal Order

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804750301
eISBN:
9780804779418
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804750301.003.0012
Subject:
Law, Legal History

This concluding chapter raises the following questions that draw from Hegel's philosophy of the legitimacy of a modern legal order: Does Hegel's legal philosophy escape from legal formalism? Is the ... More


Wild-West Cowboys versus Cheese-Eating Surrender Monkeys: Some Problems in Comparative Approaches to Hate Speech

Eric Heinze

in Extreme Speech and Democracy

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199548781
eISBN:
9780191720673
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199548781.003.0011
Subject:
Law, Human Rights and Immigration

All European states prohibit some form of hate speech. U.S. law fundamentally precludes such bans. Euro-American comparisons can shed light on debates about hate speech, but little attention has been ... More


Ijtihād and the Function of Legal Theory

Nathan Spannaus

in Preserving Islamic Tradition: Abu Nasr Qursawi and the Beginnings of Modern Reformism

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190251789
eISBN:
9780190251802
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190251789.003.0004
Subject:
Religion, Islam, Religion and Society

Ijtihad is a major aspect of Qursawi’s reformism. He understands it as the exercise of Islamic legal interpretation, forming a necessary link between scripture and the daily life of the community. ... More


Legal Formalism

in Hegel's Laws: The Legitimacy of a Modern Legal Order

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804750301
eISBN:
9780804779418
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804750301.003.0006
Subject:
Law, Legal History

This chapter outlines Hegel's critique of legal formalism, which generates his later excursus into ethicality and the shapes of ethical ethê. It begins by returning to Hegel's phenomenological ... More


The Laws of Civil Society

in Hegel's Laws: The Legitimacy of a Modern Legal Order

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804750301
eISBN:
9780804779418
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804750301.003.0009
Subject:
Law, Legal History

This chapter presents Hegel's discussion of the ethos of civil society. Hegel claims that civil society is not any ethos. It is an ethical ethos. In order to understand why civil society exhibits ... More


From Nothing to Start, into Being: The Anti-Rent Wars, the Indian Question, and the Triumph of Liberalism

Dana D. Nelson

in Commons Democracy: Reading the Politics of Participation in the Early United States

Published in print:
2015
Published Online:
May 2016
ISBN:
9780823268382
eISBN:
9780823272525
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823268382.003.0006
Subject:
History, American History: early to 18th Century

This chapter takes up Cooper’s Littlepage trilogy, which helps us track historically the substantive, if diminishing threat that the power of commons democracy posed to the growing economic power of ... More


Terror and Soviet Legality: Police vs Judiciary, 1933–1940

Gábor T. Rittersporn

in The Anatomy of Terror: Political Violence under Stalin

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199655663
eISBN:
9780191757518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199655663.003.0011
Subject:
History, Political History, Social History

Soviet criminal policy of the mid-1930s shows that the Great Terror of 1937–8 was not a minutely planned operation. It was part of a penal strategy that oscillated between attempts to institute legal ... More


Legal Essentialism

Aryeh Amihay

in Theory and Practice in Essene Law

Published in print:
2017
Published Online:
December 2016
ISBN:
9780190631017
eISBN:
9780190631048
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190631017.003.0002
Subject:
Religion, Biblical Studies, Judaism

This chapter surveys the debate over nominalism and realism in the Judean Desert Scrolls and rabbinic law, focusing on the significance of terminology. It supports Daniel Schwartz’s view of “realism” ... More


Private Law and Kantian Right

Alan Brudner

in The Unity of the Common Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199592807
eISBN:
9780191767944
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592807.003.0003
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter prepares the ground for a vindication of private law’s autonomy through Hegel’s legal philosophy by arguing that, with the exception of the law enjoining trespass to the person, private ... More


View: