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Excerpt from Brief Making and the Use of Law Books The failure Of the law schools to turn out graduates better prepared for the practical work of the office or court-room is an old and ever recurring theme of complaint from bench and bar. The recent graduate himself, wrestling with his earliest practical problems, is especially prone to lay his troubles at the door of the law school. Without stopping to inquire in what other directions the law school has come short of its duty to the student, law teachers generally must concede that while a knowledge of law books and their use - in short, brief-making, in its broader sense is an essential professional acquirement, this field is yet, for the average law-school graduate, a vast waste of uncharted and unexplored territory. Following precedent, the teacher has been content to lay before the student, in the form of lectures, text-books or cases, or these combined, principles of the teacher's own choosing; but little or no necessity for sus taining or combating a particular proposition by written argu ment is encountered by the student while in the law school. The result has been that the student enters upon the practice. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Learn how local, state, and federal laws are made, and what citizens can do to participate in the lawmaking process. A True Book: Civics series helps children become productive citizens by presenting core civic knowledge in a fun and engaging way. This series includes an age appropriate (grades 3-5) introduction to curriculum-relevant subjects and a robust resource section that encourages independent study.

This open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.