Lectures on Jurisprudence

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Smith’s “Lectures on Jurisprudence”, originally delivered at Glasgow University in 1762-1763, presents his “theory of the rules by which civil government ought to be directed”. Building on his “Theory of Moral Sentiments”, Smith argues that the state must act as an impartial spectator, judging when an individual has been injured, Thus, regulations concerning trade, commerce, and production must be crafted so as to encourage rather than interfere with other productiv… More >>

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The Problematics of Moral and Legal Theory

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Richard Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification–an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejectio… More >>

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Foreign Law in English Courts: Pleading, Proof and Choice of Law

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This book is concerned with the pleading and proof of foreign law in English courts. Fentiman argues that the law is both more complex and more defensible than had previously been supposed. By providing a practical guide to the subject, he presents the conflict of laws in a way which is both novel and illuminating…. More >>

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