A Theory Of Legal Sentences
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Author | : Manuel Atienza |
Publisher | : Springer Science & Business Media |
Total Pages | : 216 |
Release | : 2012-12-06 |
Genre | : Philosophy |
ISBN | : 9400708483 |
Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.
Author | : John Delaney |
Publisher | : John Delaney Publications |
Total Pages | : 206 |
Release | : 1987 |
Genre | : Law |
ISBN | : |
Author | : Nigel Walker |
Publisher | : MICHIE |
Total Pages | : 510 |
Release | : 1985 |
Genre | : Punishment |
ISBN | : 9780406252630 |
Author | : Andrew Ashworth |
Publisher | : Oxford Monographs on Criminal |
Total Pages | : 314 |
Release | : 1998 |
Genre | : Law |
ISBN | : 0198262566 |
The Oxford Monographs on Criminal Law and Justice series covers all aspects of criminal law and procedure including criminal evidence. The scope of the series is wide, encompassing both practical and theoretical works. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays consider several issues affecting the discipline including the underlying justifications for the imposition of punishment by the State, areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected, and includes various questions about the unequal impact on offenders of different sentencing measures. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection.
Author | : Nigel Walker |
Publisher | : Oxford University Press |
Total Pages | : 406 |
Release | : 1996 |
Genre | : Law |
ISBN | : 9780406063250 |
Examining the contrast between penological theory, the state of the law, and what actually happens in court and after sentence, this edition covers recent developments, including the Criminal Justice Act 1991, the Criminal Justice Act 1993, and the Crimina
Author | : Luís Duarte d'Almeida |
Publisher | : Oxford University Press (UK) |
Total Pages | : 321 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0199685789 |
Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve.
Author | : N. MacCormick |
Publisher | : Springer Science & Business Media |
Total Pages | : 242 |
Release | : 2013-04-17 |
Genre | : Philosophy |
ISBN | : 9401577277 |
Author | : Matthew C. Altman |
Publisher | : Routledge |
Total Pages | : 211 |
Release | : 2021-05-05 |
Genre | : Law |
ISBN | : 1000379345 |
This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.
Author | : Georg Meggle |
Publisher | : Walter de Gruyter |
Total Pages | : 393 |
Release | : 2011-04-20 |
Genre | : Philosophy |
ISBN | : 3110802457 |
Author | : Jordi Ferrer Beltrán |
Publisher | : Springer Science & Business Media |
Total Pages | : 283 |
Release | : 2013-04-03 |
Genre | : Law |
ISBN | : 9400760671 |
This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.