A Treatise Of Legal Time
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Author | : Gerald J. Postema |
Publisher | : Springer Science & Business Media |
Total Pages | : 633 |
Release | : 2011-08-05 |
Genre | : Philosophy |
ISBN | : 9048189608 |
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: Oliver Wendell Holmes, Jr.’s “The Path of Law” (1897) and H.L.A. Hart’s Holmes Lecture, “Positivism and the Separation of Law and Morals” (1958). Holmes’s radical challenge to late 19th century legal science gave birth to a rich variety of competing approaches to understanding law and legal reasoning from realism to economic jurisprudence to legal pragmatism, from recovery of key elements of common law jurisprudence and rule of law doctrine in the work of Llewellyn, Fuller and Hayek to root-and-branch attacks on the ideology of law by the Critical Legal Studies and Feminist movements. Hart, simultaneously building upon and transforming the undations of Austinian analytic jurisprudence laid in the early 20th century, introduced rigorous philosophical method to English-speaking jurisprudence and offered a reinterpretation of legal positivism which set the agenda for analytic legal philosophy to the end of the century and beyond. A wide-ranging debate over the role of moral principles in legal reasoning, sparked by Dworkin’s fundamental challenge to Hart’s theory, generated competing interpretations of and fundamental challenges to core doctrines of Hart’s positivism, including the nature and role of conventions at the foundations of law and the methodology of philosophical jurisprudence.
Author | : Richard Cumberland |
Publisher | : |
Total Pages | : 824 |
Release | : 1727 |
Genre | : Christian ethics |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : 556 |
Release | : 1867 |
Genre | : Law |
ISBN | : |
Author | : Joseph Henry Beale |
Publisher | : |
Total Pages | : 282 |
Release | : 1916 |
Genre | : Conflict of laws |
ISBN | : |
Author | : Enrico Pattaro |
Publisher | : Springer Science & Business Media |
Total Pages | : 1952 |
Release | : 2016-07-13 |
Genre | : Philosophy |
ISBN | : 9400714793 |
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
Author | : Thomas Dunbar INGRAM |
Publisher | : |
Total Pages | : 356 |
Release | : 1864 |
Genre | : |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : 896 |
Release | : 1868 |
Genre | : Law |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : 604 |
Release | : 1906 |
Genre | : Law |
ISBN | : |
Author | : James M. Wagstaffe |
Publisher | : |
Total Pages | : |
Release | : |
Genre | : Civil procedure |
ISBN | : 9781522115922 |
Author | : Edward James Castle |
Publisher | : London, W. Maxwell & son |
Total Pages | : 172 |
Release | : 1870 |
Genre | : Belligerency |
ISBN | : |