The Canon of American Legal Thought

Book Description

This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history.

These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received.

Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.

Customer Reviews:

anti-edited.......2006-12-04

Nice to have all the texts together in one place, but errors have been injected throughout. A footnote to Ihering, "Geist des roemischen Rechts," becomes "romsichen Recht"; a quote from Ronald Dworkin, with the note from Robert Cover "emphasis in original," has the emphasis left out (it was the word "meaning"). In other words, the editors have taken texts almost entirely available on Westlaw and had them retyped with many errors. Wait for the second edition, or at least don't touch the hardcover.

Women and Jewish Law: The Essential Texts, Their History, and Their Relevance for Today

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Well researched
Seeing Women's Issues from all sides

Women and Jewish Law: The Essential Texts, Their History, and Their Relevance for Today
Rachel Biale
Manufacturer: Schocken
ProductGroup: Book
Binding: Paperback

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Similar Items:

On Women & Judaism
Carnal Israel: Reading Sex in Talmudic Culture (New Historicism-Studies in Cultural Poetics , No 25)
Standing Again at Sinai: Judaism from a Feminist Perspective
Rereading the Rabbis: A Woman's Voice (Radical Traditions)
Judaism and Homosexuality: An Authentic Orthodox View

ASIN: 0805210490
Release Date: 1995-08-22

Customer Reviews:

Well researched.......2001-04-20

I much enjoyed this book. It is well-researched and argues its case equally well. The author points out how so many of the halakhic decisions were originally made to protect women from aggressive males within the patriarchal system of those times. It ends, however, with the cry for those rulings to be reconsidered in light of the "fact" that women no longer need or want to be protected.

Seeing Women's Issues from all sides.......2000-08-15

Ms. Biale's book, not only explains relevent laws and how they effect Jewish women (marriage, divorce, abortion, niddah)... she also takes the time to cite the teachings of the great Rabbis, allowing all sides- from right to middle to left- to be heard. This presentation is a fascinating read and allows you to consider all of the evidence and create your own, informed opinions.

A Concise Guide to Your Rights in the Catholic Church (Concise Guide)

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Enthusiastically recommended

A Concise Guide to Your Rights in the Catholic Church (Concise Guide)
Kevin E. McKenna
Manufacturer: Ave Maria Press
ProductGroup: Book
Binding: Paperback

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Similar Items:

A Concise Guide to Canon Law; A Practical Handbook for Pastoral Ministers
The Rights of Catholics in the Church
A Concise Guide to Catholic Social Teaching
Surprised By Canon Law: 150 Questions Laypeople Ask About Canon Law
An Introduction to Canon Law (Revised)

ASIN: 1594710791

Book Description

This practical, sound reference book decodes complex Roman Catholic Church law and doctrine. It is the third book in The Concise Guide Series, a series of books tackling questions of central importance for contemporary Catholics. Other books in the series are A Concise Guide to Canon Law and A Concise Guide to Catholic Social Teaching.

Customer Reviews:

Enthusiastically recommended.......2006-10-07

A Concise Guide To Your Rights In The Catholic Church by Kevin E. McKenna (pastor at St. Cecilia Parish in Rochester, NY) is an easy-to-follow, no-nonsense guide to the rights of Catholic laity and clergy alike under church law. A Concise Guide To Your Rights In The Catholic Church covers Catholic Church law only; it does not address governmental law, or religious law for other churches. Chapters spell out what the letter of the sacrament states about the right of Catholics to voice opinions (though not the direct, open, and stubborn rejection of the Church's teachings), have protection of their privacy, freedom of inquiry, seek vindication of their rights, and much more. The final chapter describes in depth the steps for seeking vindication according to Church due process, including hierarchical recourse and advocate assistance. The answers to common questions such as "Can the Christian faithful be denied the Church's funeral rites?", "May parishoners hold title to the assets of a parish?", and "What rights are accorded to those who make allegations of sexual misconduct against a cleric? What obligations do they have?" will prove especially useful to the reader seeking to better understand the Church's legal systems and grievance procedures. Though not lengthy enough to cover all of the Church's laws in-depth, A Concise Guide To Your Rights In The Catholic Church is enthusiastically recommended for practical reference and use.

The Spirit of Islamic Law (The Spirit of the Laws) (The Spirit of the Laws)

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The history of how such laws were formulated makes for an involving read
Excellent Work

The Spirit of Islamic Law (The Spirit of the Laws) (The Spirit of the Laws)
Bernard G. Weiss
Manufacturer: University of Georgia Press
ProductGroup: Book
Binding: Paperback

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Similar Items:

A History of Islamic Legal Theories: An Introduction to Sunni usul al-fiqh
The Origins and Evolution of Islamic Law (Themes in Islamic Law)
Deciphering the Signs of God: A Phenomenological Approach to Islam
Speaking in God's Name: Islamic Law, Authority and Women
Seven Doors to Islam: Spirituality and the Religious Life of Muslims

ASIN: 0820328278

Product Description

This study focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science elaborates the theoretical and methodological foundations of the law.

The Spirit of Islamic Law outlines the prominent features of Muslim juristic thought: espousal of divine sovereignty; a fixation on divine texts; an uncompromisingly intentionalist approach to the interpretation of those texts; a frank acknowledgment of the fallibility of human endeavor to capture divine intent; a toleration of legal diversity; a moralistic bent grounded in a particular social vision; and finally, a preoccupation with the affairs of private individuals--especially family relations and contracts--coupled with a concern to define the limits of governmental power.

The Spirit of Islamic Law is the fifth book in Georgia's Spirit of Laws series, which illuminates the nature of legal systems throughout the world.

Customer Reviews:

The history of how such laws were formulated makes for an involving read.......2006-06-15

Muslim legal science is a science connected to yet separate from Islamic faith, and THE SPIRIT OF ISLAMIC LAW delves into these connections and differences, examining the main features of Muslim jurisdiction and law, divine texts which are used as legal foundations, interpretations in the attempt to capture the devine as it relates to legal matters, and more. Author Bernard Weiss is a professor of Arabic and Islamic studies at the University of Utah: his treatise is both detailed yet accessible to college-level readers studying Islamic traditions. The history of how such laws were formulated makes for an involving read.

Diane C. Donovan
California Bookwatch

Excellent Work.......2002-11-09

This book is wonderfully written and easy to understand, even for beginners in the field, such as myself. It outlines the processes by which classical Islamic law and government came into being without being drawn out. Wonderful book.

Church Courts, Sex and Marriage in England, 15701640 (Past and Present Publications)

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Church Courts, Sex and Marriage in England, 15701640 (Past and Present Publications)
Martin Ingram
Manufacturer: Cambridge University Press
ProductGroup: Book
Binding: Paperback

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ASIN: 0521386551

Book Description

Adultery, fornication, breach of marriage contract, sexual slander - these, along with religious offences of various kinds, were typical of the cases dealt with by the ecclesiastical courts in Elizabethan and early Stuart England. What was it like to live in a society in which personal morality was regulated by law in this fashion? How far-reaching was such surveillance in actual practice? How did ordinary people view the courts - as useful institutions upholding accepted standards, or as an alien system purveying unwanted values? How effective were the church courts in influencing attitudes and behaviour? Previous assessments of ecclesiastical justice, coloured by contemporary puritan and common law criticisms, have mostly been unfavourable. This in-depth, richly documented study of the sex and marriage business dealt with under church law, based on the records of the courts in Wiltshire, Cambridgeshire, Leicestershire and West Sussex in the period 1570–1640, presents a more balanced and more positive view.

100 Answers to Your Questions on Annulments (A Basilica Press "Modern Apologetics" Book)

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User-Friendly and With Eyes on Rome

100 Answers to Your Questions on Annulments (A Basilica Press "Modern Apologetics" Book)
Edward N. Peters
Manufacturer: Basilica Press / Simon & Schuster
ProductGroup: Book
Binding: Hardcover

Divorce & Separation | Family & Health Law | Law | Subjects | Books

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Similar Items:

Annulments And The Catholic Church: Straight Answers To Tough Questions
Annulment: Do You Have a Case?
Annulment: A Step by Step Guide for Divorced Catholics (Divorce & Remarriage)
Annulment: Your Chance to Remarry Within the Catholic Church: A Step-by-Step Guide Using the New Code of Canon Law
Annulment: The Wedding That Was : How the Church Can Declare a Marriage Null

ASIN: 0536001723

Book Description

An excellent and highly-readable "question & answer" format book on the subject of divorce, remarriage, and annulments in the Catholic Church. Written in a clear, easy to follow style, this book is an important resource for Catholics and non-Catholics, clergy and laity.

Customer Reviews:

User-Friendly and With Eyes on Rome.......2004-05-20

As someone going through the annulment process, this book has been my guide, reference and map. It gives the facts in a compassionate, pastoral manner and is never judgemental - that is refreshing and priceless. My only complaint is that after talking to a canon lawyer in my diocese, I discovered that there are numerous ways to "plea" one's case and that wasn't touched on in the book and would have alleviated some headaches. All in all a must read for anyone going through, is a witness in or knows somebody getting an annulment. Way to go Dr. Peters!

Average customer rating:

Law and Theology in the Middle Ages
G.R. Evans
Manufacturer: Routledge
ProductGroup: Book
Binding: Paperback

General | Europe | History | Subjects | Books

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Jurisprudence | Perspectives on Law | Law | Subjects | Books

Legal History | Perspectives on Law | Law | Subjects | Books

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ASIN: 0415253284

Book Description

During the Middle Ages, interpretations of important ideas such as sin, justice and liberty were developed and explored through the interplay between law and theology. Law and Theology in the Middle Ages is a unique work that examines the relationship between theology and law. This useful and accessible book bridges the gap between the two fields by comparing the treatment of overlapping themes by each discipline. These theological and legal concepts include sin/crime, justice/righteousness, and forgiveness/punishment.

The Rhetoric of Church and State: A Critical Analysis of Religion Clause Jurisprudence

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The Rhetoric of Church and State: A Critical Analysis of Religion Clause Jurisprudence
Frederick Mark Gedicks
Manufacturer: Duke University Press
ProductGroup: Book
Binding: Paperback

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Church & State | Religious Studies | Religion & Spirituality | Subjects | Books

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ASIN: 0822316668

Book Description

During the middle of the twentieth century, the religiously informed communitarianism that had guided the Supreme Court’s decisions regarding the relationship between church and state was partially displaced by a new secular individualist discourse. In The Rhetoric of Church and State, Frederick Mark Gedicks argues that this partial and incomplete shift is the key to understanding why the Court has failedâand continues today to failâto provide a coherent doctrine on church/state separation.
Gedicks suggests that the Supreme Court’s inconsistent decisions mirror a divergence in American society between an increasingly secular public culture and the primarily devout private lives of the majority of Americans. He notes that while the Court is committed to principles of secular individualism, it has repeatedly endorsed government actions that violate those principlesâactions that would be far more justifiable under the discourse of religious communitarianism. The impossibility of reconciling the two discourses leaves the Court no choice but to effaceâoften implausiblyâthe religious nature of practices it deems permissible. Gedicks concludes that the road to a coherent religion clause doctrine lies neither in a return to religious communitarianism nor in its complete displacement by secular individualism, but in a yet-to-be-identified discourse that would attract popular support while protecting a meaningful measure of religious freedom.

The Common Legal Past of Europe: 1000-1800 (Studies in Medieval and Early Modern Canon Law)

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A Legal Culture of Europe
A Legal Culture of Europe

The Common Legal Past of Europe: 1000-1800 (Studies in Medieval and Early Modern Canon Law)
Manlio Bellomo
Manufacturer: Catholic University of America Press
ProductGroup: Book
Binding: Paperback

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Roman Law in European History
The Digest of Roman Law: Theft, Rapine, Damage, and Insult (Penguin Classics)
An Historical Introduction to Private Law
The Laws of the Salian Franks (The Middle Ages Series)
European Legal History: Sources and Institutions

ASIN: 0813208149

Customer Reviews:

A Legal Culture of Europe.......2000-06-23

Manlio Bellomo's book, The Common Legal Past of Europe, 1000-1800, is a valuable work of historical scholarship. The author's exploration of law and its codification in European society gives the reader an appreciation of how central justice and legal learning and organization were in European society since the Middle Ages. The book's approach provokes one to consider the common traditions connected to learning, law and justice that many Europeans shared, regardless of ethnic or national boundaries.

A Legal Culture of Europe.......2000-06-23

Average customer rating:

The Legal Canon: "What Every Lawyer Should Know"

Legal Canons
Jack Balkin , and Sanford Levinson
Manufacturer: NYU Press
ProductGroup: Book
Binding: Hardcover

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ASIN: 0814798578
Release Date: 2000-08-01

Book Description

Read Chapter One.

Every discipline has its canon: the set of standard texts, approaches, examples, and stories by which it is recognized and which its members repeatedly invoke and employ. Although the last twenty-five years have seen the influence of interdisciplinary approaches to legal studies expand, there has been little recent consideration of what is and what ought to be canonical in the study of law today.

Legal Canons brings together fifteen essays which seek to map out the legal canon and the way in which law is taught today. In order to understand how the twin ideas of canons and canonicity operate in law, each essay focuses on a particular aspect, from contracts and constitutional law to questions of race and gender. The ascendance of law and economics, feminism, critical race theory, and gay legal studies, as well as the increasing influence of both rational-actor methodology and postmodernism, are all scrutinized by the leading scholars in the field.

A timely and comprehensive volume, Legal Canons articulates the need for, and means to, opening the debate on canonicity in legal studies.

Table of Contents

Preface

Part I. Introduction
1 Legal Canons: An Introduction
J. M. Balkin and Sanford Levinson

Part II. The Canon in the Curriculum
2 Empire or Residue: Competing Visions of the Contractual Canon
Ian Ayres

3 Canons of Property Talk, or, Blackstone's Anxiety
Carol M. Rose

4 Vanished from the First Year: Lost Torts and Deep Structures in Tort Law
Martha Chamallas

5 Criminal Law
Robert Weisberg

6 Teaching American Civil Procedure since 1779
Paul D. Carrington

7 Of Coase and the Canon: Reflections on Law and Economics
Daniel A. Farber

Part III. The Canon and Groups
8 Race Relations Law in the Canon of Legal Academia
Randall Kennedy

9 Recognizing Race in the American Legal Canon
Fran Ansley

10 Feminist Canon
Katharine T. Bartlett

11 Homosexuals, Torts, and Dangerous Things
Katherine M. Franke

Part IV. The Constitutional Canon
12 The Constitutional Canon
Philip Bobbitt

13 The Canon in Constitutional Law
Suzanna Sherry

14 Constitutional Canons and Constitutional Thought
J. M. Balkin and Sanford Levinson

Customer Reviews:

The Legal Canon: "What Every Lawyer Should Know".......2006-06-22

It is unfortunate that this book is not available in paperback, since this collection of 14 essays is solid and addresses a topic that would behoove law students, who are generally poor (though many will soon be rich), to think about.

"Our subject," the editors say in their Introduction, "concerns what is and what ought to be canonical in the study of law." (In fact the editors have made an overly ambitious claim; they are concerned not with the study of law simply, but the study of American law specifically. The self-absorption implicit in their statement is all the more amusing since the editors evidently lean to the Left. But I say that as good-natured ribbing and not as a "J'accuse!"). Note: "the study of law," NOT "the practice of law." Canonicity is of only peripheral concern (if that) to practitioners; this book is targeted to students of the law and not practitioners of the law (the editors do discuss the tension between practice concerns and "timeless problems" on pp.407-10, but that very discussion buttresses my claim).

It is impossible to summarize a book like this so I will simply note some of my overall impressions. As is to be expected from a multi-author collection, Legal Canons is uneven in quality, and the reader will naturally find some topics of more interest, and some authors more to their taste, than others. However, I believe that anyone interested in legal theory can learn something from almost every chapter. I read this book from cover to cover, and although some chapters struck me as boring, none struck me as incompetent. Indeed, I consider it much more likely that my boredom stemmed from my incompetence than that it bespeaks some fundamental shortcoming in the chapters themselves.

The chapters in Part III, "The Canon and Groups," will likely engender the strongest reactions from many readers. These chapters share the conviction that the traditional law curriculum, in terms of what is taught and how it's taught, marginalizes certain groups. Precisely because these chapters focus on particular groups, these chapters have a distinct "partisan" feel, one that may turn off some readers and turn on others. The essays in this group really have the hardest task in the book, because (1) the topics here touch upon the most passionately held beliefs, and (2) whereas all the other essays are working within traditional legal categories (with the singular exception of the Law and Economics chapter by Farber), these chapters seek to challenge those very categories. Given that goal, they have set a high bar for themselves. As a result, I am torn between saying that it is the worst section of the book (b/c some of the worst-supported claims are made here) and that it is the most uneven section of the book (b/c it contains several claims that are in themselves very strong, but could have been better supported).

In general, though, the essays included here range from competent to good to quite good (such as the Bobbitt chapter, which lays out a list of 13 canonical texts in Con Law and 9 likely additions, with good, though certainly debatable, supporting arguments; the specificity of the chapter is, to my mind, a plus; the Weisberg chapter is also specific and in some respects is more learned than Bobbitt's, but I consider that almost part of the problem; Weisberg is too preening for me, too self-consciously aware of himself, his style does not suit my taste). In short, I recommend this book to law professors, law students, and those with a general interest in legal theory and/or legal education. I also recommend that you try to find it at a discount.

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