Legal Philosophies
Author | : J. W. Harris |
Publisher | : Lexis Law Publishing (Va) |
Total Pages | : 304 |
Release | : 1980 |
Genre | : Law |
ISBN | : |
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Author | : J. W. Harris |
Publisher | : Lexis Law Publishing (Va) |
Total Pages | : 304 |
Release | : 1980 |
Genre | : Law |
ISBN | : |
Author | : Mark Tebbit |
Publisher | : Psychology Press |
Total Pages | : 262 |
Release | : 2005 |
Genre | : Law |
ISBN | : 0415334411 |
"Simultaneously published in the USA and Canada."
Author | : James E. Herget |
Publisher | : University of Pennsylvania Press |
Total Pages | : 164 |
Release | : 2017-11-15 |
Genre | : Law |
ISBN | : 1512802581 |
James Herget explains to American legal scholars and students the main points of the characteristic legal philosophy that has developed in the German-speaking world since World War II. After a historical introduction and overview, he discusses critical rationalism, discourse theory, rhetorical theory, systems theory, and institutional legal positivism. He concludes with a general assessment and appends biographical information. Written for American legal scholars and students, who traditionally are exposed only to filtered versions of comparative legal traditions, this volume introduces a new world of legal theory that resonates within the context of other contemporary disciplines and German intellectual history.
Author | : George Pavlakos |
Publisher | : Bloomsbury Publishing |
Total Pages | : 390 |
Release | : 2007-07-11 |
Genre | : Law |
ISBN | : 184731368X |
A philosophical system is not what one would expect to find in the work of a contemporary legal thinker. Robert Alexy's work counts as a striking exception. Over the past 28 years Alexy has been developing, with remarkable clarity and consistency, a systematic philosophy covering most of the key areas of legal philosophy. Kantian in its inspiration, his work admirably combines the rigour of analytical philosophy with a repertoire of humanitarian ideals reflecting the tradition of the Geisteswissenschaften, rendering it one of the most far-reaching and influential legal philosophies in our time. This volume has been designed with two foci in mind: the first is to reflect the breadth of Alexy's philosophical system, as well as the varieties of jurisprudential and philosophical scholarship in the last three decades on which his work has had an impact. The second objective is to provide for a critical exchange between Alexy and a number of specialists in the field, with an eye to identifying new areas of inquiry and offering a new impetus to the discourse theory of law. To that extent, it was thought that a critical exchange such as the one undertaken here would most appropriately reflect the discursive and critical character of Robert Alexy's work. The volume is divided into four parts, each dealing with a key area of Alexy's contribution. A final section brings together concise answers by Robert Alexy. In composing these, Alexy has tried to focus on points and criticisms that address new aspects of discourse theory or otherwise point the way to future developments and applications. With its range of topics of coverage, the number of specialists it engages and the originality of the answers it provides, this collection will become a standard work of reference for anyone working in legal theory in general and the discourse theory of law in particular.
Author | : Huntington Cairns |
Publisher | : JHU Press |
Total Pages | : 564 |
Release | : 2019-12-01 |
Genre | : Philosophy |
ISBN | : 1421433443 |
Originally published in 1949. Huntington Cairns identifies the views that major Western philosophers took on law, the problems they considered significant about law, and the nature of the solutions they proposed. This book develops ideas discussed in Cairns' Law and the Social Sciences (1935) and Theory of Legal Science (1941). The object of these three volumes is the same: to construct the foundation of a theory of law that is the necessary antecedent to a possible jurisprudence. The inventory of philosophers that Cairns examines includes Plato, Aristotle, Cicero, Aquinas, Hobbes, Spinoza, and Hegel.
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 | : J. W. Harris |
Publisher | : |
Total Pages | : 332 |
Release | : 1997-11-07 |
Genre | : |
ISBN | : 9780406900272 |
Harris: Legal Philosophies has been written to provide a clear guide to the main topics in a jurisprudence or legal theory course with the novice in mind. It provides summaries of the pertinent arguments within these topics, and of the views of leading theorists. This new edition takes a lookat the emergence of 'Critical Legal Studies' and 'Feminist Jurisprudence', whilst there are new sections on 'Moral Truth' and 'Communitarianism' (a revived theoretical approach).
Author | : Martin P. Golding |
Publisher | : John Wiley & Sons |
Total Pages | : 368 |
Release | : 2008-04-15 |
Genre | : Philosophy |
ISBN | : 0470779861 |
The Blackwell Guide to the Philosophy of Law and Legal Theory is a handy guide to the state of play in contemporary philosophy of law and legal theory. Comprises 23 essays critical essays on the central themes and issues of the philosophy of law today, written by an international assembly of distinguished philosophers and legal theorists Each essay incorporates essential background material on the history and logic of the topic, as well as advancing the arguments Represents a wide variety of perspectives on current legal theory