Essays in Legal and Moral Philosophy

Essays in Legal and Moral Philosophy
Author: H. Kelsen
Publisher: Springer Science & Business Media
Total Pages: 387
Release: 2012-12-06
Genre: Philosophy
ISBN: 940102653X

In his choice of texts, the Editor has been faced with the difficult task of selecting, from among the author's more than 600 publications, those of the greatest philosophical interest. It is chiefly the topics of value-rela tivism and the logic of norms that have been kept in view. The selection has also been guided by the endeavour to reprint, so far as possible, texts which have not hitherto appeared in English. At times, however, this aim has had to be discarded, in order to include works of key im portance and also the latest expressions of Kelsen's view. In addition to the two topics already mentioned, the Editor has con sidered Kelsen's discussions of the causal principle to be so far worthy of philosophical attention, that some writings on causality and account ability have been included in this collection of philosophical studies. OTA WEINBERGER Hans Kelsen died on April 19th, 1973. Only his work now lives, for the inspiration of future generations of jurists and philosophers. Graz, 25th April, 1973 OT A WEINBERGER TRANSLATOR'S NOTE I am obliged to the Editor for his careful scrutiny of the translation, which has led to a number of corrections and improvements in the text.

Morality, Authority, and Law

Morality, Authority, and Law
Author: Stephen Darwall
Publisher: Oxford University Press, USA
Total Pages: 228
Release: 2013-03-21
Genre: Law
ISBN: 0199662584

Stephen Darwall presents a series of essays that explore the view that morality is second-personal, entailing mutual accountability and the authority to address demands. He illustrates the power of the second-personal framework to illuminate a wide variety of issues in moral, political, and legal philosophy.

Law and Morality

Law and Morality
Author: David Dyzenhaus
Publisher: University of Toronto Press
Total Pages: 1095
Release: 2007-01-01
Genre: Law
ISBN: 0802094899

Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication and the contribution of feminist approaches to the philosophy of law. New material on the Chinese Canadian head tax case is also featured. The second part of Law and Morality deals with philosophical questions as they apply to contemporary issues. Excerpts from judicial decisions as well as essays by practicing lawyers are included to provide theoretically informed legal analyses of the issues. Striking a balance between practical and more analytic, philosophical approaches, the volume's treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. Law and Morality has proved to be an essential text in both departments of philosophy and faculties of law and this latest edition brings the debates fully up to date, filling gaps in the previous editions and adding to the array of contemporary issues previously covered.

Law and Interpretation

Law and Interpretation
Author: Andrei Marmor
Publisher: Oxford University Press on Demand
Total Pages: 463
Release: 1997
Genre: Law
ISBN: 9780198264873

Interpretation has emerged in recent years as one of the most interesting and important elements of legal scholarship. This collection of new essays in law and interpretation provides an overview of this important topic, written by some of the most distinguished scholars in the field. The collection assesses the role of legislative intent in the interpretation of statutes, and in determining legal standards. This collection will appeal not only to lawyers and to legal theorists, but to all scholars of legal discourse.

Liability and Responsibility

Liability and Responsibility
Author: R. G. Frey
Publisher: Cambridge University Press
Total Pages: 450
Release: 1991-03-29
Genre: Law
ISBN: 9780521392167

This collection not only presents some of the most challenging work in legal philosophy, but it also demonstrates the interdisciplinary character of the field of philosophy of law, with contributors taking into account developments in economics, political science and rational choice theory.

Essays on Free Will and Moral Responsibility

Essays on Free Will and Moral Responsibility
Author: Daniel Cohen
Publisher: Cambridge Scholars Publishing
Total Pages: 280
Release: 2009-05-05
Genre: Philosophy
ISBN: 1443810762

The problem of free will has fascinated philosophers since ancient times: Do we have free will, or at least the kind of free will that seems necessary for moral responsibility? Does determinism – the idea that everything that happens is necessitated to happen, given the past and the laws of nature – threaten the commonly held assumption that we are indeed free and morally responsible? Although these questions have been widely discussed in the past, the present volume offers a variety of new perspectives from philosophers who have made significant contributions to this debate over recent years, including Derk Pereboom, Robert Kane, Ishtiyaque Haji, Michael McKenna, John Martin Fischer, David Widerker and Saul Smilansky. The emphasis in these essays is not merely on free will, but on allied notions such as moral responsibility, moral obligation, fairness and meaningfulness, and on whether any room can be made for these notions in a deterministic or an indeterministic universe.

Essays in Jurisprudence and Philosophy

Essays in Jurisprudence and Philosophy
Author: H. L. A. Hart
Publisher: OUP Oxford
Total Pages: 404
Release: 1983-11-24
Genre: Law
ISBN: 0191018724

This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.

Ethics in the Public Domain

Ethics in the Public Domain
Author: Joseph Raz
Publisher: Oxford University Press
Total Pages:
Release: 1994-06-16
Genre: Law
ISBN: 0191018759

This new collection of essays opens with a pivotal essay, not previously published, on the implications of the moral duties which arise out of concern for the well-being of others. The first part of the book concentrates on the consequences of two central aspects of well-being: the importance of membership in groups - the role of belonging - and the active character of well-being - that it largely consists in successful activities. Both aspects have far-reaching political implications, explored in essays on free expression, national self-determination, and multiculturalism, among others. Against the background of the moral and political views developed in the first part, the second part of the book explores various aspects of the dynamic inter-relations between law and morality, offering some building blocks towards a theory of law.