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Legal Treatises
A legal treatise is a scholarly legal publication containing all the law relating to a particular area, such as criminal law or trusts and estates. There is no fixed usage on what books qualify as a "legal treatise", with the term being used broadly to define books written for practicing attorneys and judges, textbooks for law students, and explanatory texts for laypersons. The treatise may generally be loose leaf bound with rings or posts so that updates to laws covered by the treatise and annotated by the editor may be added by the subscriber to the legal treatise. Legal treatises are secondary authority, and can serve as a useful starting point for legal research, particularly when the researcher lacks familiarity with a particular area of law. Lawyers commonly use legal treatises in order to review the law and update their knowledge of pertinent primary authority namely, case law, statutes, and administrative regulations. Despite being secondary authority, select treati ...
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Legal Publication
A law book is a book about law. It is possible to make a distinction between "law books" on the one hand, and "books about law" on the other. This distinction is "useful". A law book is "a work of legal doctrine". It consists of "law talk", that is to say, propositions of law. "The first duty of a law book is to state the law ''as it is'', truly and accurately, and then the reason or principle for it as far as it is known". The "first requisite in a law-book is perfect accuracy". A "law book is supposed to state what the law is rather than what it is not". "One great desideratum in a law book is facility of reference". A "list of law books and related materials" is a legal bibliography. See also * Legal treatise * Law dictionary References Further reading * Lawrence M Friedman and Stewart Macaulay (editors). ''Law and the Behavioural Sciences''. Second Edition. Bobbs-Merrill. 1977. Pages 21 to 26. * Twining, William. ''Blackstone's Tower: The English Law School''. The Hamlyn ...
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William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, Justice (title), justice, and Tory (British political party), Tory politician most noted for his ''Commentaries on the Laws of England'', which became the best-known description of the doctrines of the English common law. Born into a middle-class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke College, Oxford, in 1738. After switching to and completing a Bachelor of Civil Law degree, he was made a Fellow of All Souls#Fellowships, fellow of All Souls College, Oxford, on 2 November 1743, admitted to Middle Temple, and called to the Bar there in 1746. Following a slow start to his career as a barrister, Blackstone was involved heavily in university administration, becoming accountant, treasurer, and bursar on 28 November 1746, and Senior Bursar in 1750. Blackstone is considered responsible for completing the All Souls College Library, Codrington Libra ...
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Legal Literature
A law book is a book about law. It is possible to make a distinction between "law books" on the one hand, and "books about law" on the other. This distinction is "useful". A law book is "a work of legal doctrine". It consists of "law talk", that is to say, propositions of law. "The first duty of a law book is to state the law ''as it is'', truly and accurately, and then the reason or principle for it as far as it is known". The "first requisite in a law-book is perfect accuracy". A "law book is supposed to state what the law is rather than what it is not". "One great desideratum in a law book is facility of reference". A "list of law books and related materials" is a legal bibliography. See also * Legal treatise * Law dictionary References Further reading * Lawrence M Friedman and Stewart Macaulay (editors). ''Law and the Behavioural Sciences''. Second Edition. Bobbs-Merrill. 1977. Pages 21 to 26. * Twining, William. ''Blackstone's Tower: The English Law School''. The Hamlyn ...
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Natural Law
Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts that certain rights and moral values are inherent in human nature and can be understood universally, independent of enacted laws or societal norms. In jurisprudence, natural law—sometimes referred to as iusnaturalism or jusnaturalism, but not to be confused with what is called simply ''naturalism'' in legal philosophy—holds that there are objective legal standards based on morality that underlie and inform the creation, interpretation, and application of human-made laws. This contrasts with ''positive law'' (as in legal positivism), which emphasizes that laws are rules created by human authorities and are not necessarily connected to moral principles. Natural law can refer to "theories of ethics, theories of politics, theories of civil ...
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Treatise
A treatise is a Formality, formal and systematic written discourse on some subject concerned with investigating or exposing the main principles of the subject and its conclusions."mwod:treatise, Treatise." Merriam-Webster Online Dictionary. Accessed September 12, 2020. A ''monograph'' is a treatise on a specialized topic. Etymology The word "treatise" has its origins in the early 14th century, derived from the Anglo-French term ''tretiz'', which itself comes from the Old French ''traitis'', meaning "treatise" or "account." This Old French term is rooted in the verb ''traitier'', which means "to deal with" or "to set forth in speech or writing". The etymological lineage can be traced further back to the Latin word ''tractatus'', which is a form of the verb ''tractare'', meaning "to handle," "to manage," or "to deal with". The Latin roots suggest a connotation of engaging with or discussing a subject in depth, which aligns with the modern understanding of a treatise as a formal ...
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Law Dictionary
A law dictionary (also known as legal dictionary) is a dictionary that is designed and compiled to give information about terms used in the field of law. Types Distinctions are made among various types of law dictionaries. Differentiating factors include: * Number of languages covered: a monolingual law dictionary covers one language, a bilingual covers two. * Number of fields covered: a single-field dictionary covers an entire field of law, whereas a sub-field dictionary covers a part of a field of law, e.g. a dictionary of Contract, contract law. Quality A good bilingual or Multilingualism, multilingual law dictionary needs to take the users' expected languages and Olivetti M20, professional competences into account. The lexicography, lexicographers therefore must consider the following aspects: dictionary user research, dictionary wikt:typology, typology, structure, and presentation of relevant information. When making a law dictionary, the lexicographers attempt to present ...
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Law Book
A law book is a book about law. It is possible to make a distinction between "law books" on the one hand, and "books about law" on the other. This distinction is "useful". A law book is "a work of legal doctrine". It consists of "law talk", that is to say, propositions of law. "The first duty of a law book is to state the law ''as it is'', truly and accurately, and then the reason or principle for it as far as it is known". The "first requisite in a law-book is perfect accuracy". A "law book is supposed to state what the law is rather than what it is not". "One great desideratum in a law book is facility of reference". A "list of law books and related materials" is a legal bibliography. See also * Legal treatise * Law dictionary References Further reading * Lawrence M Friedman and Stewart Macaulay (editors). ''Law and the Behavioural Sciences''. Second Edition. Bobbs-Merrill. 1977. Pages 21 to 26. * Twining, William. ''Blackstone's Tower: The English Law School''. The Hamlyn L ...
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Treatise On Law
''Treatise on Law'' is Thomas Aquinas' major work of legal philosophy. It forms questions 90–108 of the ''Prima Secundæ'' ("First artof the Second art) of the ''Summa Theologiæ'', Aquinas' masterwork of Scholastic philosophical theology. Along with Aristotelianism, it forms the basis not only for the legal theory of Catholic canon law, but provides a model for natural law theories generally. Aquinas' notion of law Aquinas defines a law as "an ordinance of reason for the common good, made by him who has care of the community, and promulgated." Law is an ordinance of reason because it must be reasonableLaw of Christ I, pg. 236 or based in reason and not merely in the will of the legislator. It is for the common good because the end or ''telos'' of law is the good of the community it binds, and not merely the good of the lawmaker or a special interest group. It is made by the proper authority who has "care of the community", and not arbitrarily imposed by outsiders. It is ...
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Hornbook (law)
In United States legal education, hornbooks are one-volume legal treatises, written primarily for law students on subjects typically covered by law school courses. Hornbooks summarize and explain the law in a specific area. They are distinct from casebooks, which are collections of cases (or parts of cases) chosen to help illustrate and stimulate discussion about legal issues. The term derives from the hornbook, an early children's educational tool, implying that the material is basic. A hornbook law is a basic, settled legal principle (see black letter law). See also * ''Black's Law Dictionary'' * ''Bouvier's Law Dictionary'' * Law dictionary * Legal terminology textbook * List of legal abbreviations * Wex References {{reflist External links A list of hornbooks and study aids
managed by the D'Angelo Law Library at the University of Chicago. Law books Legal education ...
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Casebook
A casebook is a type of textbook used primarily by students in law schools.Wayne L. Anderson and Marilyn J. Headrick, The Legal Profession: Is it for you?' (Cincinnati: Thomson Executive Press, 1996), 83. Rather than simply laying out the legal doctrine in a particular area of study, a casebook contains excerpts from legal cases in which the law of that area was applied. It is then up to the student to analyze the language of the case in order to determine what rule was applied and how the court applied it. Casebooks sometimes also contain excerpts from law review articles and legal treatises, historical notes, editorial commentary, and other related materials to provide background for the cases. The teaching style based on casebooks is known as the casebook method and is supposed to instill in law students how to "think like a lawyer." The casebook method is most often used in law schools in countries with common law legal systems, where case law is a major source of law. Proc ...
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Law School
A law school (also known as a law centre/center, college of law, or faculty of law) is an institution, professional school, or department of a college or university specializing in legal education, usually involved as part of a process for becoming a judge, lawyer, or other legal professional within a given jurisdiction. Depending on the country, legal system, or desired qualifications, the coursework is undertaken at undergraduate, graduate, or both levels. Law degrees Argentina In Argentina, lawyers-to-be need to obtain an undergraduate degree in law in order to practice the profession, as opposed to the US system in which a law degree is not obtained until successfully completing a postgraduate program. In spite of that, it is customary to call Argentine lawyers 'doctors,' although the vast majority of them do not hold a Juris Doctor degree. The reason lies in that the career was originally called 'Doctorate in Laws' (''Doctorado en Leyes''), which was an undergradua ...
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Institutes Of The Lawes Of England
The ''Institutes of the Lawes of England'' are a series of legal treatises written by Sir Edward Coke. They were first published, in stages, between 1628 and 1644. Widely recognized as a foundational document of the common law, they have been cited in over 70 cases decided by the Supreme Court of the United States, including several landmark cases. For example, in ''Roe v. Wade'' (1973), Coke's ''Institutes'' are cited as evidence that under old English common law, an abortion performed before quickening was not an indictable offence. In the much earlier case of ''United States v. E. C. Knight Co.'' (1895), Coke's ''Institutes'' are quoted at some length for their definition of monopoly, monopolies. Sir Edward Coke’s Institutes also had a significant influence on the development of legal principles in the American colonies. For instance, the Institutes were highly regarded by early American legal scholars and practitioners, including Thomas Jefferson, who referenced Coke’s work ...
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