A Defense Of Legal Positivism
Download A Defense Of Legal Positivism full books in PDF, epub, and Kindle. Read online free A Defense Of Legal Positivism ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
| Author | : Matthew H. Kramer |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 328 |
| Release | : 2003 |
| Genre | : Law |
| ISBN | : 9780199264834 |
As an uncompromising defense of legal positivism, this book insists on the separability of law and morality. After distinguishing among three main dimensions of morality, the book explores a variety of ways in which law has been perceived by natural-law theorists as integrally connected to each of those dimensions. Some of the chapters pose arguments against major philosophers who have written on these issues, including David Lyons, Lon Fuller, Antony Duff, Joseph Raz, Ronald Dworkin, John Finnis, Philip Soper, Neil MacCormick, Robert Alexy, Gerald Postema, Stephen Perry, and Michael Moore. Several other chapters extend rather than defend legal positivism; they refine the insights of positivism and develop the implications of those insights in strikingly novel directions. The book concludes with a long discussion of the obligation to obey the law a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence.
| Author | : Kenneth Einar Himma |
| Publisher | : |
| Total Pages | : 204 |
| Release | : 1990 |
| Genre | : Legal positivism |
| ISBN | : |
| Author | : Wilfrid J. Waluchow |
| Publisher | : Oxford University Press on Demand |
| Total Pages | : 290 |
| Release | : 1994 |
| Genre | : Law |
| ISBN | : 9780198258124 |
This book develops a general theory of law, inclusive legal positivism, which seeks to remain within the tradition represented by authors such as Austin, Hart, MacCormick, and Raz, while sharing some of the virtues of both classical and modern theories of natural law, as represented by authors such as Aquinas, Fuller, Finnis, and Dworkin. Its central theoretical questions are: Does the existence or content of positive law ever depend on moral considerations? If so, is this fact consistent with legal positivism? The author shows how inclusive positivism allows one to answer yes to both of these questions. In addition to articulating and defending his own version of legal positivism, which is a refinement and development of the views of H.L.A. Hart as expressed in his classic book The Concept of Law, the author clarifies the terms of current jurisprudential debates about the nature of law. These debates are often clouded by failures to appreciate that different theorists are offering differing kinds of theories and attempting to answer different questions. There is also a failure, principally on the part of Ronald Dworkin, to characterize opposing theories correctly. The clarity of Waluchow's work will help to remove the confusion which has hitherto marred some jurisprudential debate, particularly about Dworkin's work.
| Author | : Whitley R. P. Kaufman |
| Publisher | : Springer Nature |
| Total Pages | : 167 |
| Release | : 2023-10-28 |
| Genre | : Law |
| ISBN | : 303143868X |
Legal Positivism has been the dominant school of legal philosophy for much of the last century, despite its many critics. Its central tenet has long been that there is no necessary connection between law and morality. This book provides a broad but clear and jargon-free account of the central objections to the theory and why those objections are sufficient to show that legal positivism is no longer tenable. This includes a broad critique of the purported distinction method of legal positivism, the idea of ‘conceptual analysis,’ as well as a detailed assessment of the most influential of all legal positivist theories, that of H.L.A. Hart. The book also provides a defense of the natural law school, which holds in contrast to legal positivism that the authority of law arises from its intrinsic connection to morality. The author demonstrates that most of the criticism of the natural law school arises from a caricatured account of that doctrine, for instance the idea that it requires substantive theological commitments or particular conceptions of human nature. In contrast, the author presents an account of natural law theory that is grounded in a commitment to moral truth, but not to any theological beliefs. The nature of law can only be understood in terms of its moral function, to provide a clear set of moral rules that are required for a society to function effectively.
| Author | : Samuel I. Shuman |
| Publisher | : |
| Total Pages | : 272 |
| Release | : 1989 |
| Genre | : |
| ISBN | : 9780608166070 |
| Author | : Torben Spaak |
| Publisher | : Cambridge University Press |
| Total Pages | : 807 |
| Release | : 2021-02-04 |
| Genre | : Law |
| ISBN | : 1108427677 |
The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
| Author | : Matthew H. Kramer |
| Publisher | : |
| Total Pages | : 313 |
| Release | : 1999 |
| Genre | : Legal positivism |
| ISBN | : 9780191705229 |
'In Defense of Legal Positivism' insists on the separability of law and morality. After distinguishing among three facets of morality, the author explores a variety of ways in which law has been perceived as integrally connected to each of those facets.--Résumé de l'éditeur.
| Author | : Kenneth Einar Himma |
| Publisher | : Oxford University Press |
| Total Pages | : 240 |
| Release | : 2019-03-07 |
| Genre | : Law |
| ISBN | : 0191035203 |
Morality and the Nature of Law explores the conceptual relationship between morality and the criteria that determine what counts as law in a given societythe criteria of legal validity. Is it necessary condition for a legal system to include moral criteria of legal validity? Is it even possible for a legal system to have moral criteria of legal validity? The book considers the views of natural law theorists ranging from Blackstone to Dworkin and rejects them, arguing that it is not conceptually necessary that the criteria of legal validity include moral norms. Further, it rejects the exclusive positivist view, arguing instead that it is conceptually possible for the criteria of validity to include moral norms. In the process of considering such questions, this book considers Raz's views concerning the nature of authority and Shapiro's views about the guidance function of law, which have been thought to repudiate the conceptual possibility of moral criteria of legal validity. The book, then, articulates a thought experiment that shows that it is possible for a legal system to have such criteria and concludes with a chapter that argues that any legal system, like that of the United States, which affords final authority over the content of the law to judges who are fallible with respect to the requirements of morality is a legal system with purely source-based criteria of validity.
| Author | : Margaret Martin |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 308 |
| Release | : 2014-12-01 |
| Genre | : Law |
| ISBN | : 1782251790 |
Judging Positivism is a critical exploration of the method and substance of legal positivism. Margaret Martin is primarily concerned with the manner in which theorists who adopt the dominant positivist paradigm ask a limited set of questions and offer an equally limited set of answers, artificially circumscribing the field of legal philosophy in the process. The book focuses primarily but not exclusively on the writings of prominent legal positivist, Joseph Raz. Martin argues that Raz's theory has changed over time and that these changes have led to deep inconsistencies and incoherencies in his account. One re-occurring theme in the book is that Razian positivism collapses from within. In the process of defending his own position, Raz is led to support the views of many of his main rivals, namely, Ronald Dworkin, the legal realists and the normative positivists. The internal collapse of Razian positivism proves to be instructive. Promising paths of inquiry come into view and questions that have been suppressed or marginalised by positivists re-emerge ready for curious minds to reflect on anew. The broader vision of jurisprudential inquiry defended in this book re-connects philosophy with the work of practitioners and the worries of law's subjects, bringing into focus the relevance of legal philosophy for lawyers and laymen alike.
| Author | : Matthew H. Kramer |
| Publisher | : |
| Total Pages | : |
| Release | : 2010 |
| Genre | : |
| ISBN | : |
In a recent full-length review of Matthew Kramer's In Defense of Legal Positivism, David Dyzenhaus has attacked legal positivists' accounts of adjudication and their views of the relationship between law and morality. The present essay defends legal positivism against his strictures, by arguing that he has misunderstood specific texts and the general lines of enquiry which the positivists pursue.
