Share this page | Email | Contact Us

Special Report on

Legal Theory Lexicon

legal theory lexicon special research report Photo by 1.bp.blogspot.com
 course. The context, of course, is the tort of negligence, where the "reasonable person" is used to define the standard of care that triggers liability for unintentional harms. But what makes a "reasonable person"  reasonable ? The concept of the reasonable person is not limited to torts, however. The reasonable person makes appearances in criminal law, contract law, and elsewhere. As usual, the legal theory lexicon introduces the "reasonable person" for the law student with an interest in legal theory. A cautionary note.  The word "reasonable" is used in a wide variety of legal contexts, some of which have ...
that is, formalism does not (as positivists do) suggest that the substantive justice of a law is irrelevant, but rather, that in a democracy , that is a question for the legislature to address, not the Judge.
REVIEWS AND OPINIONS
formalism - Legal Theory Lexicon
A new entry appears each week on Sunday. The most recent posts appear on this page. To access older posts use the "Table of Contents" below. (Many of the Legal Theory Lexicon posts have benefitted from comments by Ken Simons of the Boston University School of Law.) Legal Theory Lexicon 043: Formalism and Instrumentalism Introduction American law students learn about formalism instrumentalism early on—although those particular terms may not be introduced. Many law students hunger for “black letter law,” for legal rules that can be applied to the facts in a more or less determinate fashion. But in most law school ... market research, surveys and trends
12/01/2003 - Legal Theory Blog
provides a quick and dirty summary with an eye to law students (especially first-year law students) with an interest in legal theory. Together, these three posts provide a rough and ready introduction to the three most prominent approaches to normative ethics. What is virtue ethics? Obviously, virtue ethics has something to do with virtue , which in this context is closely related in meaning to the English word "excellence," the Latin "virtu," and the Greek, "arete." Sometimes "virtue ethics" is also called "aretaic moral theory," using the adjective form of the Greek word for ... market research, surveys and trends

SURVEY RESULTS FOR
LEGAL THEORY LEXICON

CausationIntroduction Ca - Legal Theory Lexicon
A new entry appears each week on Sunday. The most recent posts appear on this page. To access older posts use the "Table of Contents" below. (Many of the Legal Theory Lexicon posts have benefitted from comments by Ken Simons of the Boston University School of Law.) Legal Theory Lexicon 020: Causation Introduction Causation is one of the basic conceptual tools of legal analysis. And for most purposes, we can get along with a notion of causation that is both vague and ambiguous . In the world of medium sized physical objects (automobiles, pedestrians, etc.), our judgments about causation rarely depend on conceptual ... industry trends, business articles and survey research
Legal Theory Lexicon: Legal Theory Lexicon 020: Causation
is one of the basic conceptual tools of legal analysis. And for most purposes, we can get along with a notion of causation that is both vague and ambiguous . In the world of medium sized physical objects (automobiles, pedestrians, etc.), our judgments about causation rarely depend on conceptual niceties. The driver’s negligence caused the death of the pedestrian but did not cause Barak Obama to win the Iowa caucuses in 2008. In these cases, various notions of causality converge. The person on the street, the scientist, and lawyer can all agree in such cases that for all practical purposes X caused Y but not Z. But sometimes the ... industry trends, business articles and survey research
RELATED NEWS
Hello, I'm a Racist, Pleased to Meet You
There is such a thing as a conditioned response. Here's an example: Leftists call conservatives "racists." Conservatives cower and stutter some defense. Leftists call conservatives "racists" some more. Conservatives cower some more. Question: How do you think you break this pattern? We've seen this again with the recent vitriol spewed by NAACP head Ben Jealous (a fitting last name). Speaking at the NAACP convention in Kansas City, Jealous accused the Tea Party of, take a guess...cue the "Jeopardy!" music..."racism." Just as predictably, many conservatives are running around trying to convince everyone that, by gum, ... market trends, news research and surveys resources
Are Law Firms Really Ready for Project Management?
If I had a dollar for every time in the last eighteen months I heard a law firm partner, administrator, or consultant utter the words “project management”, my money clip would quickly overflow. Although I heard this phrase a few times during the boom of early 2008, its prevalence in the law firm lexicon seems directly correlated with the Great Recession and the launch of the ACC Value Challenge, which declared a permanent moratorium on annual rate increases. My own response to this development was very professorial—I bought several books on the topic and began to read up. I also attended a multi-day workshop on ... market trends, news research and surveys resources

INFORMATION RESOURCES

Legal Theory Lexicon 010: Deontology
A prior Legal Theory Lexicon post explored utilitarianism, an approach to normative moral theory that has had an enormous influence on legal thought. ... technology research, surveys study and trend statistics
Inaugural Article: Spoken word production: A theory of lexical access
A core operation in speech production is the preparation of words from a semantic base. The theory of lexical access reviewed in this article covers a sequence of processing stages beginning with the speaker's focusing on a target concept and ending with the initiation of articulation. The initial stages of preparation are concerned with lexical selection, which is zooming in on the appropriate lexical item in the mental lexicon. The following stages concern form encoding, i.e., retrieving a word's morphemic phonological codes, syllabifying the word, and accessing the corresponding articulatory gestures. The theory is ... technology research, surveys study and trend statistics
REAL TIME
LEGAL THEORY LEXICON
latest webinars
Join these Webinars to learn more about current research, trends and surveys.
QUESTIONS AND ANSWERS
Blogs that teach? | Ask MetaFilter
Most of the daily blogs that I read, even the "scholarly" ones or those dealing with a particular subject, are focused on links to topics of interest, or the blog writer's analysis of a particular topic. For instance, the volokh conspiracy is an excellent law blog, but it doesn't "teach" the fundamentals of law to the reader; rather, it addresses specific rulings, usually with the author's analysis of the issue. I am interested in finding blogs that teach the reader about the subject of the blog. To continue with the subject of law, I want to find blogs that say, for example, "Today we are going to learn about ...
Max Weber's theory of rationalization? Explain so an idiot can ...
Max Weber (1864-1920) argued against abstract theory, and he favored an approach to sociological inquiry that generated its theory from rich, systematic, empirical, historical research. This approach required, first of all, an examination of the relationships between, and the respective roles of, history and sociology in inquiry. Weber argued that sociology was to develop concepts for the analysis of concrete phenomena, which would allow sociologists to then make generalizations about historical phenomena. History, on the other hand, would use a lexicon of sociological concepts in order to perform causal analysis of particular ...