Legal Positivism

Legal Positivism
Author: Samuel I. Shuman
Publisher: Detroit : Wayne University Press
Total Pages: 280
Release: 1963
Genre: Law
ISBN:

Philosophy of Law: A Very Short Introduction

Philosophy of Law: A Very Short Introduction
Author: Raymond Wacks
Publisher: OUP Oxford
Total Pages: 169
Release: 2014-02-27
Genre: Law
ISBN: 0191510637

The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

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.

ABA Journal

ABA Journal
Author:
Publisher:
Total Pages: 94
Release: 1964-03
Genre:
ISBN:

The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.

Legality

Legality
Author: Scott J. Shapiro
Publisher: Harvard University Press
Total Pages: 483
Release: 2013-09-02
Genre: Science
ISBN: 067426729X

What is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H. L. A. Hart. Yet many others find it perplexing. How could we possibly know how to answer such an abstract question? And what would be the point of doing so? In Legality, Scott Shapiro argues that the question is not only meaningful but vitally important. In fact, many of the most pressing puzzles that lawyers confront—including who has legal authority over us and how we should interpret constitutions, statutes, and cases—will remain elusive until this grand philosophical question is resolved. Shapiro draws on recent work in the philosophy of action to develop an original and compelling answer to this age-old question. Breaking with a long tradition in jurisprudence, he argues that the law cannot be understood simply in terms of rules. Legal systems are best understood as highly complex and sophisticated tools for creating and applying plans. Shifting the focus of jurisprudence in this way—from rules to plans—not only resolves many of the most vexing puzzles about the nature of law but has profound implications for legal practice as well. Written in clear, jargon-free language, and presupposing no legal or philosophical background, Legality is both a groundbreaking new theory of law and an excellent introduction to and defense of classical jurisprudence.

A Sociological Theory of Law

A Sociological Theory of Law
Author: Niklas Luhmann
Publisher: Routledge
Total Pages: 480
Release: 2013-10-30
Genre: Law
ISBN: 1135142637

Niklas Luhmann is recognised as a major social theorist, and his treatise on the sociology of law is a classic text. For Luhmann, law provides the framework of the state, lawyers are the main human resource for the state, and legal theory provides the most suitable base from which to theorize on the nature of society. He explores the concept of law in the light of a general theory of social systems, showing the important part law plays in resolving fundamental problems a society may face. He then goes on to discuss in detail how modern 'positive' – as opposed to ‘natural’ – law comes to fulfil this function. The work as a whole is not only a contribution to legal sociology, but a major work in social theory. With a revised translation, and a new introduction by Martin Albrow.

Theory of Legal Personhood

Theory of Legal Personhood
Author: Visa A. J. Kurki
Publisher: Oxford University Press
Total Pages: 241
Release: 2019
Genre: Law
ISBN: 0198844034

Présentation de l'éditeur: "This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic."

Positive Law and Objective Values

Positive Law and Objective Values
Author: Andrei Marmor
Publisher: Oxford University Press
Total Pages: 212
Release: 2001
Genre: Law
ISBN: 9780198268970

This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is. On the basis of a theory of socialconventions and an analysis of law's authoritative nature, the book sets out the scope of law in relation to moral and other critical values. The book also maintains, however, that moral values are objective. It comprises a detailed analysis of the concept of objectivity, arguing that many aspectsof the law, and of moral values, are metaphysically objective.

Moral Perspectives

Moral Perspectives
Author: Kim Chong Chong
Publisher: NUS Press
Total Pages: 164
Release: 1992
Genre: Ethics
ISBN: 9789971691622

While interdisciplinary work on morality has largely been confined to a dialogue between psychologists and philosophers on the one hand, and economists and philosophers on the other, this volume brings together papers from a wider field than is usual in looking at the nature of morality. Three of these are about moral education, three others discuss the relation between morality on the one hand, and law, economics and psychiatry on the other; two more are concerned with relativism and the role of the personal in morality. Those with an academic interest in the subject of morality, as well as lawyers, psychologists, educationalists and other general readers should find the contents of this book interesting and thought-provoking.