Jurisprudence Archives | National Humanities Center

Jurisprudence

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Blasphemy and Apostasy in Islam: Debates on Shi’a Jurisprudence

By Mohsen Kadivar (NHC Fellow, 2019–20) Is it lawful to shed the blood of someone who insults the Prophet Muhammad? Does the Qu’ran stipulate a worldly punishment for apostates? This book tells the gripping story of Rāfiq Taqī, an Azerbaijani journalist and writer, who was condemned to death by an Iranian cleric for a blasphemous … Continued

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Gender and Law: Theory, Doctrine, Commentary

By Katherine T. Bartlett (NHC Fellow, 1992–93) A law school textbook containing case law and commentary by feminist legal scholars. Compiled by Bartlett (Duke U. School of Law), Harris (U. of California at Berkeley School of Law), and Rhode (Stanford Law School), the text rejects the notion that women's issues can be separated from the … Continued

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Justice Deferred: Race and the Supreme Court

By Orville Vernon Burton (NHC Fellow, 1994–95) and Armand Derfner In the first comprehensive accounting of the U.S. Supreme Court’s race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a … Continued

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Law, Norms, and Authority

By George C. Christie (NHC Fellow, 1980–81) To what extent can legal decisions be objective and fair, and how far does government depend on the law for its legitimacy? This concise analytical book examines the theory of both individual and political justice, concluding that many modern legal philosophers have undermined the prestige of the law … Continued

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Legal Philosophy in the Twentieth Century: The Common Law World

By Gerald J. Postema (NHC Fellow, 1986–87; 2005–06) Volume 11, the sixth of the historical volumes of A Treatise of Legal Philosophy and General Jurisprudence, offers a fresh, philosophically engaged, critical interpretation of the main currents of jurisprudential thought in the English-speaking world of the 20th century. It tells the tale of two lectures and their legacies: … Continued

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Principles of Law: A Normative Analysis

Edited by Michael D. Bayles (NHC Fellow, 1984–85) During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the do­ main of a few isolated scholars in law and philosophy. Hundreds of scho­ lars from diverse fields attend international meetings on the subject. … Continued

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Procedural Justice: Allocating to Individuals

Edited by Michael D. Bayles (NHC Fellow, 1984–85) During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some … Continued

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The Human Measure: Social Thought in the Western Legal Tradition

By Donald R. Kelley (NHC Fellow, 1984–85) Not since the works of Lovejoy and Burt has a scholar attempted such a grand-scale inquiry into the idea of law as the vehicle of culture and social and moral thought. Donald Kelley’s major premise is that law and the theory and practice of jurisprudence—civil science—represent the most concrete … Continued

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The Supreme Court and Constitutional Democracy

By John Agresto (NHC Fellow, 1978–79; 1979–80) In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power … Continued