The Theory of Rules

The Theory of Rules
Author :
Publisher : University of Chicago Press
Total Pages : 165
Release :
ISBN-10 : 9780226487953
ISBN-13 : 0226487954
Rating : 4/5 (53 Downloads)

Synopsis The Theory of Rules by : Karl N. Llewellyn

Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn’s thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are “pretty playthings.” Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules. This book frames the development of Llewellyn’s thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law’s larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn’s writings and will prove a valuable contribution to the existing literature on legal realism.

The Rule of Rules

The Rule of Rules
Author :
Publisher : Duke University Press
Total Pages : 289
Release :
ISBN-10 : 9780822380023
ISBN-13 : 0822380021
Rating : 4/5 (23 Downloads)

Synopsis The Rule of Rules by : Larry Alexander

Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules—and hence laws—are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In The Rule of Rules Larry Alexander and Emily Sherwin examine this dilemma. Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to “legal principles.” In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion. Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules.

The Concept of Law

The Concept of Law
Author :
Publisher :
Total Pages : 263
Release :
ISBN-10 : OCLC:15927021
ISBN-13 :
Rating : 4/5 (21 Downloads)

Synopsis The Concept of Law by : Herbert Lionel Adolphus Hart

Allowing for Exceptions

Allowing for Exceptions
Author :
Publisher : Oxford University Press (UK)
Total Pages : 321
Release :
ISBN-10 : 9780199685783
ISBN-13 : 0199685789
Rating : 4/5 (83 Downloads)

Synopsis Allowing for Exceptions by : Luís Duarte d'Almeida

Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve.

Rules of Play

Rules of Play
Author :
Publisher : MIT Press
Total Pages : 680
Release :
ISBN-10 : 0262240459
ISBN-13 : 9780262240451
Rating : 4/5 (59 Downloads)

Synopsis Rules of Play by : Katie Salen Tekinbas

An impassioned look at games and game design that offers the most ambitious framework for understanding them to date. As pop culture, games are as important as film or television—but game design has yet to develop a theoretical framework or critical vocabulary. In Rules of Play Katie Salen and Eric Zimmerman present a much-needed primer for this emerging field. They offer a unified model for looking at all kinds of games, from board games and sports to computer and video games. As active participants in game culture, the authors have written Rules of Play as a catalyst for innovation, filled with new concepts, strategies, and methodologies for creating and understanding games. Building an aesthetics of interactive systems, Salen and Zimmerman define core concepts like "play," "design," and "interactivity." They look at games through a series of eighteen "game design schemas," or conceptual frameworks, including games as systems of emergence and information, as contexts for social play, as a storytelling medium, and as sites of cultural resistance. Written for game scholars, game developers, and interactive designers, Rules of Play is a textbook, reference book, and theoretical guide. It is the first comprehensive attempt to establish a solid theoretical framework for the emerging discipline of game design.

The Rule and the Model

The Rule and the Model
Author :
Publisher : MIT Press (MA)
Total Pages : 528
Release :
ISBN-10 : UOM:39015041355424
ISBN-13 :
Rating : 4/5 (24 Downloads)

Synopsis The Rule and the Model by : Françoise Choay

First published in France in 1980, this book was awarded the "Grand Prix de la Critique d'Architecture". It examines the author's hypothesis about the tradition of theorizing architecture and urbanism, demonstrating that this discourse has been organized by two formulations: the rule and the model.

Rational Rules

Rational Rules
Author :
Publisher : Oxford University Press, USA
Total Pages : 265
Release :
ISBN-10 : 9780198869153
ISBN-13 : 0198869150
Rating : 4/5 (53 Downloads)

Synopsis Rational Rules by : Shaun Nichols

Rational Rules argues that moral learning can be understood in terms of general-purpose rational learning procedures. Nichols provides statistical learning accounts of some fundamental aspects of moral development, combining aspects of traditional empiricist and rationalist approaches.

The Theory, Practice and Interpretation of Customary International Law

The Theory, Practice and Interpretation of Customary International Law
Author :
Publisher : Cambridge University Press
Total Pages : 647
Release :
ISBN-10 : 9781316516898
ISBN-13 : 131651689X
Rating : 4/5 (98 Downloads)

Synopsis The Theory, Practice and Interpretation of Customary International Law by : Panos Merkouris

Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.

Communication Rules

Communication Rules
Author :
Publisher : SAGE Publications, Incorporated
Total Pages : 320
Release :
ISBN-10 : STANFORD:36105037687048
ISBN-13 :
Rating : 4/5 (48 Downloads)

Synopsis Communication Rules by : Susan B. Shimanoff

Abstract: A theory of effective human communication stressing the importance of rules is presented. The concept of rules provides a methodological focus for communications and linguistics research. The nature, structure, and function of rules are described as they apply to communicative conduct. The relationship between rules and behavior is examined. In addition, the following methods for inferring rules from behavior are investigated: self-reflection, survey, naturalistic observation, participant observation, quasi-experimentation, and experimentation. Specific ways in which rules may contribute to communications theory are discussed. Suggested research problems include the identification of communication rules, the construction of communications theories, the development of strategies for the recognition and use of rules, and the practical implications of rules theory and research. (nm).

Golden Rule

Golden Rule
Author :
Publisher : University of Chicago Press
Total Pages : 439
Release :
ISBN-10 : 9780226162010
ISBN-13 : 022616201X
Rating : 4/5 (10 Downloads)

Synopsis Golden Rule by : Thomas Ferguson

"To discover who rules, follow the gold." This is the argument of Golden Rule, a provocative, pungent history of modern American politics. Although the role big money plays in defining political outcomes has long been obvious to ordinary Americans, most pundits and scholars have virtually dismissed this assumption. Even in light of skyrocketing campaign costs, the belief that major financial interests primarily determine who parties nominate and where they stand on the issues—that, in effect, Democrats and Republicans are merely the left and right wings of the "Property Party"—has been ignored by most political scientists. Offering evidence ranging from the nineteenth century to the 1994 mid-term elections, Golden Rule shows that voters are "right on the money." Thomas Ferguson breaks completely with traditional voter centered accounts of party politics. In its place he outlines an "investment approach," in which powerful investors, not unorganized voters, dominate campaigns and elections. Because businesses "invest" in political parties and their candidates, changes in industrial structures—between large firms and sectors—can alter the agenda of party politics and the shape of public policy. Golden Rule presents revised versions of widely read essays in which Ferguson advanced and tested his theory, including his seminal study of the role played by capital intensive multinationals and international financiers in the New Deal. The chapter "Studies in Money Driven Politics" brings this aspect of American politics into better focus, along with other studies of Federal Reserve policy making and campaign finance in the 1936 election. Ferguson analyzes how a changing world economy and other social developments broke up the New Deal system in our own time, through careful studies of the 1988 and 1992 elections. The essay on 1992 contains an extended analysis of the emergence of the Clinton coalition and Ross Perot's dramatic independent insurgency. A postscript on the 1994 elections demonstrates the controlling impact of money on several key campaigns. This controversial work by a theorist of money and politics in the U.S. relates to issues in campaign finance reform, PACs, policymaking, public financing, and how today's elections work.