This paper reflects on the literature on courts and politics in Europe and the United States. US-American Political Science has dealt for several decades already with the role of courts and judges as political actors, whereas this perspective has only recently emerged in Europe. The debates differ not only with regard to the number of articles, but also with regard to their content. This paper discusses the different research perspectives that are being pursued on both sides of the Atlantic. While a major part of the US-American literature investigates the politics of judicial action and the politicization of the legal system, research on European courts confines itself to analyzing the effects of judicial action, often describing them in terms of juridification. Based on a review of th...
... Politics" or "Comparative Political Studies" had dealt with courts (Sigelmann and Gadbois 1983... they inspired a young generation of "critical jurists" in the 1960s (Iser and Strecker 2002), th...
INTRODUCTION . My legal realist inclinations leave me largely agnostic abo...However, the critical legal studies movement then applied realist indete... established in our constitutional jurisprudence. Substantive due process rights are rarely unquali...
This paper revisits the protracted, inconclusive and sometimes unedifying debate prompted by HLA Herbert Hart's famous claim in the Preface to The Concept of Law that the book might be regarded as a contribution not only to analytical jurisprudence but also to descriptive sociology. The paper's argument shall proceed in three stages. First, this paper shall examine Hart's original claim, interpreting it in light of the archival materials -- particularly Hart's working notebooks. In the second stage, the paper shall consider the relationship between Hart's idea that legal theory had to do with both analytical jurisprudence and descriptive sociology, and what might be called the project of special as opposed to general jurisprudence. In the final stage, the paper develops the argument of ...
... of the second stage through three case studies within special jurisprudence, each of them the sub...Among many proponents of "critical legal studies" and feminist legal theory,61 as wel...
... largely borrowed fromour obscenity jurisprudence, see Miller v. California, 413 . U. S. 15, 24 (... Brieffor Comic Book Legal Defense Fund as Amicus Curiae 11- . 15.5 And, of ..., basedon competing psychological studies. But reliance onTurner Broadcasting is misplace... §1746.3. Critically, the law does not prohibit adults from buy...
OCU adds graduate energy programsOklahoma City University's Meinders School of Business has created two energy industry graduate programs.Enrollment is open for the master of science degree in energy management and the master of science in energy legal studies for classes beginning in January.The energy management program will focus on the business side of energy management. The energy legal studies program is designed to give students an advanced base of knowledge of jurisprudence and its application in the energy industry."With OCU's proximity to top energy companies and state governmental agencies, you can combine academic study with practical experience and exposure to top decision makers in the energy industry today," said Steven C. Agee, interim dean of OCU's Meinders School of Bu...
...There is something about hadith studies that seduces its students. The sheer mass of the f... world of the ashab al-hadith and loses critical distance. Or sometimes it is because the critical ... Schacht (The Origins of Muhammadan Jurisprudence, pt. III) restated Goldziher's view of the hadith ... to all hadith from merely the corpus of legal hadith--chacht's exclusive focus--leads to a metho...
§ 13.1 Classic Account of American Legal History: Five Eras of American Law. § 13.2 A Similar Critical Legal Studies Version of American Legal History. § 13.3 Results of The Decisionmaking Styles: Constitutional Law Doctrine. § 13.4 Decisionmaking Styles of the Justices: Current and Recent Past.
... of legal realism and sociological jurisprudence, and the regulatory responsibility of the state as...
... a theme incorporated in the corpus of critical thinking about the order of states in modern forms...Peace research and conflict studies, with a large scholarly community of sustained int... asserts, is at "the origin of every [legal] contract," defining it, "even if violence is not ... in Patrick Riley, Leibniz' Univnsal Jurisprudence (Cambridge, MA: Harvard University Press, 1996), p...
... of Judaism, both from a theological and a legal standpoint. Therefore, there are many secular scho... discussions of it." (14) Today, cultural studies scholars view culture as heterogeneous, with the p...' research traditions like feminist jurisprudence and other critical legal studies, but the 'harder'...
...CROSS-REFERENCES. Critical Legal Studies; Feminist Jurisprudence; Jurispruden...
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