Legal And Political Philosophy
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Author | : Arthur Ripstein |
Publisher | : Harvard University Press |
Total Pages | : 416 |
Release | : 2010-02-15 |
Genre | : Philosophy |
ISBN | : 0674054512 |
In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
Author | : Stephen R. Munzer |
Publisher | : Cambridge University Press |
Total Pages | : 232 |
Release | : 2001-06-18 |
Genre | : Business & Economics |
ISBN | : 9780521640015 |
This collection of essays examines central issues of property theory from a variety of perspectives.
Author | : Lukas H. Meyer |
Publisher | : |
Total Pages | : 282 |
Release | : 2003 |
Genre | : Culture and law |
ISBN | : 9780191714849 |
This volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: legal positivism and the nature of law, practical reason, authority, group rights and multiculturalism.
Author | : Agustín José Menéndez |
Publisher | : Springer Science & Business Media |
Total Pages | : 301 |
Release | : 2011-03-29 |
Genre | : Philosophy |
ISBN | : 904818942X |
This volume offers a collection of articles by leading legal and political theorists. Originally intended as a celebration of MacCormick’s work on the occasion of the completion of the four-volume series on Law, State and Practical Reason, it has turned into a homage and salute after MacCormick’s passing. Cast in MacCormick’s reflexive spirit, the book presents a critical reconstruction of the Scottish philosopher’s work, with the aim of revealing the connections between law and democracy in his writings and furthering his insights in each specific field. Neil MacCormick made outstanding contributions to the understanding of law and democracy under conditions of pluralism. His institutional theory of law has elucidated the close connection between the normative character of law as a means of social integration and legal social practices. This has produced a synthesis of the key insights of the legal and political theories of Kelsen, Hart, Alexy and Dworkin, and has broken new ground by undermining the ‘monolithic’ and ‘nation-state’ centered character of standard legal theories.
Author | : Keith E. Whittington |
Publisher | : OUP Oxford |
Total Pages | : 828 |
Release | : 2010-06-11 |
Genre | : Political Science |
ISBN | : 0191616281 |
The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
Author | : Shmuel Trigano |
Publisher | : |
Total Pages | : 0 |
Release | : 2011 |
Genre | : Philosophy |
ISBN | : 9789657052716 |
It has become a commonplace to regard nature and politics as the privileged sphere of Greet philosophy and to consider the thinking of Israel as exclusively attuned to the word of God. Yet an unbiased reading of the text of the Torah reveals a coherent biblical approach to the political. In Philosophy of the Law, Shmuel Trigano outlines the political theory of the Bible through a philosophical inquiry into the biblical text. Trigano claims that, far from advocating a theocracy, with all power in the hands of the Divine, biblical politics is based on human freedom. The Covenant in the Hebrew Bible may not be a "social contract," but the politics to which it leads can illuminate our thinking on the social contract model, which dominates the modern understanding of politics. Book jacket.
Author | : Sandro Chignola |
Publisher | : Taylor & Francis |
Total Pages | : 247 |
Release | : 2018-07-04 |
Genre | : Law |
ISBN | : 1351724142 |
Oriented around the theme of a ‘politics of philosophy’, this book tracks the phases in which Foucault’s genealogy of power, law, and subjectivity was reorganized during the 14 years of his teaching at the College de France, as his focus shifted from sovereignty to governance. This theme, Sandro Chignola argues here, is the key to understanding four features of Foucault’s work over this period. First, it foregrounds its immediate political character. Second, it demonstrates that Foucault’s "Greek trip" also aims at a politics of the subject that is able to face the processes of the governmentalization of power. Third, it makes clear that the idea of the "government of the self" is – drawing on an ethics of intellectual responsibility that is Weberian in origin – an answer to the processes that, within neoliberal governance, produce the subject as an individual (as a consumer, a market agent, an entrepreneur, and so on). Fourth, the theme of a ‘politics of philosophy’ implies that Foucault’s research was never simply scholarly or neutral; but rather was characterized by a specific political position. Against recent interpretations that risk turning Foucault into a scholar, here then Foucault is re-presented as a key figure for jurisprudential and political-philosophical research.
Author | : Jules Coleman |
Publisher | : OUP Oxford |
Total Pages | : 1072 |
Release | : 2004-01-22 |
Genre | : Law |
ISBN | : 9780199270972 |
The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state-of-the-art overview of jurisprudential scholarship.
Author | : Leo Strauss |
Publisher | : State University of New York Press |
Total Pages | : 168 |
Release | : 2012-02-01 |
Genre | : History |
ISBN | : 1438421435 |
Leo Strauss's Philosophy and Law contains a groundbreaking study of the political philosophy of Maimonides and his Islamic predecessors, and it offers an argument on behalf of that philosophy which is also a profound critique of modern philosophy. Here is an entirely new and complete English translation of Strauss's work, which takes as its ideal the exacting standards of accuracy that Strauss himself emphasized in his own work. It includes a prefatory essay introducing the argument of each of the four sections of Philosophy and Law. This is a fresh and challenging treatment of the perennial conflict between reason and revelation, or philosophy and religion. Strauss's key contention in this book is that the most influential modern approaches to this conflict have run aground in ways that reflect their loss of key insights developed by the medieval philosophers of Islam and their Jewish pupils, especially Maimonides. Strauss challenges the modern view that scientific enlightenment must ultimately amount to atheism, and that therefore there can be no such thing as enlightened religion. Through a careful, original, and detailed treatment of central works of the medieval Islamic-Jewish tradition, especially Maimonides' Guide of the Perplexed, Strauss aims to recover their key insights into this question.
Author | : William A. Edmundson |
Publisher | : Cambridge University Press |
Total Pages | : 201 |
Release | : 2012-01-23 |
Genre | : Law |
ISBN | : 1107010985 |
A thoroughly updated second edition that is an accessible introduction to the history, logic, moral implications and political tendencies of the idea of rights.