Das Naturrechtsdenken heute und morgen

Das Naturrechtsdenken heute und morgen
Author: Dorothea Mayer-Maly
Publisher:
Total Pages: 1010
Release: 1983
Genre: Law
ISBN:

Papers presented at a meeting organized by the Institut fèur Rechtsphilosophie, Methodologie der Rechtswissenschaften und Allgemeine Staatslehre of the Universitèat Salzburg and the Bildungshaus St. Virgil and held in Salzburg, Oct. 5-8, 1981.

The Cambridge Companion to Legal Positivism

The Cambridge Companion to Legal Positivism
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.

Rethinking Natural Law

Rethinking Natural Law
Author: Paulo Ferreira da Cunha
Publisher: Springer Science & Business Media
Total Pages: 79
Release: 2012-12-14
Genre: Law
ISBN: 3642326595

For centuries, natural law was the main philosophical legal paradigm. Now, it is a wonder when a court of law invokes it. Arthur Kaufmann already underlined a modern general "horror iuris naturalis". We also know, with Winfried Hassemer, that the succession of legal paradigms is a matter of fashion. But why did natural law become outdated? Are there any remnants of it still alive today? This book analyses a number of prejudices and myths that have created a general misconception of natural law. As Jean-Marc Trigeaud put it: there is a natural law that positivists invented. Not the real one(s). It seeks to understand not only the usual adversaries of natural law (like legalists, positivists and historicists) but also its further enemies, the inner enemies of natural law, such as internal aporias, political and ideological manipulations, etc. The book puts forward a reasoned and balanced examination of this treasure of western political and juridical though. And, if we look at it another way, natural law is by no means a loser in our times: because it lives in modern human rights.

The Law in Philosophical Perspectives

The Law in Philosophical Perspectives
Author: Luc J. Wintgens
Publisher: Springer Science & Business Media
Total Pages: 284
Release: 2013-04-17
Genre: Philosophy
ISBN: 9401593175

In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.

The Is-Ought Problem

The Is-Ought Problem
Author: G. Schurz
Publisher: Springer Science & Business Media
Total Pages: 343
Release: 2013-04-17
Genre: Philosophy
ISBN: 9401733759

Can OUGHT be derived from IS? This book presents an investigation of this time-honored problem by means of alethic-deontic predicate logic. New in this study is the leitmotif of relevance: is-ought inferences indeed exist, but they are all irrelevant in a precise logical sense. New proof techniques establish this result for very broad classes of logics. A profound philosophical analysis of is-ought bridge principles supplements the logical study. The final results imply incisive limitations for the justifiability of ethics as opposed to empirical science.

Antiquity as the Source of Modernity

Antiquity as the Source of Modernity
Author: Thomas Chaimowicz
Publisher: Routledge
Total Pages: 206
Release: 2017-07-28
Genre: Philosophy
ISBN: 135153145X

This is a book that contrary to common practice, shows the commonalities of ancient and modern theories of freedom, law, and rational actions. Studying the works of the ancients is necessary to understanding those that follow. Thomas Chaimowicz challenges current trends in research on antiquity in his examination of Montesquieu's and Burk's path of inquiry. He focuses on ideas of balance and freedom. Montesquieu and Burke believe that freedom and balance are closely connected, for without balance within a state there can be no freedom.When Montesquieu speaks of republics, he means those of antiquity as they were understood in the eighteenth century. In this view, freedom can develop only within the framework of established tradition. Edmund Burke's greatest service to political thought may lie in making use of this idea when he fought against the abstractions of the French Revolutionaries. Antiquity as the Source of Modernity examines Montesquieu's Roman mind, meaning not an attitude influenced by the ancients, but one primarily influenced by Roman heritage. It speaks to the antithesis of monarchy and despotism in Montesquieu's thought and the influence of Tacitus and Pliny the Younger on him. The separation of powers and its relation to the concept of the mixed constitution as well as Montesquieu's smaller masterpiece Considerations on the Causes of the Grandeur and Decadence of the Romans are examined in detail. Finally, the discussion leads seamlessly to Burke, who, as a critical admirer of Montesquieu, partly incorporated his interpretation of the English constitution into his own thinking threatened by teachings of the French Revolution and its British adherents.The central idea of Antiquity as the Source of Modernity is timeless. It is that the ancient past can lead to a clearer understanding of what follows. This perspective represents a reversal of the conventional procedures for conducting this kind of research,

Value

Value
Author: Ivo de Gennaro
Publisher: BRILL
Total Pages: 515
Release: 2012-01-05
Genre: Philosophy
ISBN: 9004218165

This book presents classical philosophical sources on value as well as readings that show how this concept shapes central issues and domains of economics, culture and knowledge, thus shedding a light on a key concept of the globalized work.

Normativity and Norms

Normativity and Norms
Author: Stanley L. Paulson
Publisher: Oxford University Press
Total Pages: 820
Release: 1998
Genre: Law
ISBN: 9780198763154

Using newly translated papers and some of the best extant writings on Kelsen's theory, this volume covers topics including competing ideas on the nature of law, legal validity, legal powers and the unity of municipal and international law.