Philosophy Of Law As An Integral Part Of Philosophy
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Author | : Thomas Bustamante |
Publisher | : Bloomsbury Publishing |
Total Pages | : 330 |
Release | : 2020-12-24 |
Genre | : Law |
ISBN | : 1509933891 |
This edited collection considers the work of one of the most important legal philosophers of our time, Professor Gerald J Postema. It includes contributions from expert philosophers of law. The chapters dig deep into important camps of Postema's rich theoretical project including: - the value of the rule of law; - the ideal of integrity in adjudication; - his works on analogical reasoning; - the methodology of jurisprudence; - dialogues with Ronald Dworkin, Joseph Raz, Frederick Schauer and HLA Hart. The collection includes an original article by Professor Postema, in which he develops his conception of the rule of law and replies to some objections to previous works, and an interview in which he provides a fascinating and unique insight into his philosophy of law.
Author | : V.P. Salnikov |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 280 |
Release | : 2018-10-01 |
Genre | : Law |
ISBN | : 152751787X |
The book explores a variety of problems connected to philosophy and philosophy of law. It discusses the problem of monism-pluralism in philosophy and philosophy of law, criticizes philosophy of post-positivism and postmodernism, and investigates dialectics as a universal global methodological basis of scientific cognition and philosophy of law. The volume also pays particular attention to contemporary legal education, offering potential solutions to problems in this field. The book is the result of a range of sociological studies conducted both in Russia and abroad concerning the legal process and legal consciousness.
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.
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.
Author | : Thomas Bustamante |
Publisher | : Bloomsbury Publishing |
Total Pages | : 478 |
Release | : 2023-08-24 |
Genre | : Law |
ISBN | : 1509961801 |
This book considers the seminal debate in jurisprudence between Ronald Dworkin and Stanley Fish. It looks at the exchange between Dworkin and Fish, initiated in the 1980s, and analyses the role the exchange has played in the development of contemporary theories of interpretation, legal reasoning, and the nature of law. The book encompasses 4 key themes of the debate between these authors: legal theory and its critical role, interpretation and critical constraints, pragmatism and interpretive communities, and some general implications of the debate for issues like the nature of legal theory and the possibility of objectivity. The collection brings together prominent legal theorists and one of the protagonists of the debate: Professor Stanley Fish, who concludes the collection with an interview in which he discusses the main topics discussed in the collection.
Author | : David Dyzenhaus |
Publisher | : Cambridge University Press |
Total Pages | : 491 |
Release | : 2022-01-27 |
Genre | : History |
ISBN | : 1316518051 |
Explores how the central question of philosophy of law is the legal subject's: how can that be law for me?
Author | : Richard Johnstone |
Publisher | : Routledge |
Total Pages | : 260 |
Release | : 2020-07-23 |
Genre | : Business & Economics |
ISBN | : 1000248208 |
There is more to law than rules, robes and precedents. Rather, law is an integral part of social practices and policies, as diverse and complex as society itself. Thinking About Law offers a comprehensive introduction to the ways in which law has been presented and represented. It explores historical, sociological, economic and philosophical perspectives on the major legal and political debates in Australia today. The contributors examine the position of Aborigines in the Australian legal system and the impact of the Mabo case; divisions of power in Australian society and law; the question of objectivity in law; the relationship between legislation and social change; judicial decision-making and other issues. Accessibly written, Thinking About Law is essential reading for students and anyone interested in understanding our legal system.
Author | : Harison Citrawan |
Publisher | : Taylor & Francis |
Total Pages | : 246 |
Release | : 2024-12-09 |
Genre | : Law |
ISBN | : 1040268749 |
This book provides a critical assessment of how judges reason in the adjudication of historical injustices. The practice of adjudication in historical cases of injustice require that, in determining collective responsibility, judges impart meaning to past injuries. This book analyses the narrative mechanisms through which this meaning is produced. Focusing on three areas of adjudication–racial discrimination, post-colonial extractivism and the climate crisis–the book’s analysis focuses on the issue of time. It considers the interplay of how historical injustice adjudication is shaped by temporal presuppositions and how it enacts a particular idea of temporality. As experiences of injustice are narrated, the book demonstrates how some of those experiences are included and others are excluded within the process of adjudication. Drawing on legal theory, legal epistemology and the philosophy of time, the book thus offers an instructive, and provocative, account of how collective responsibility is determined in cases of historical injustice. This book will appeal to scholars working in the fields of legal theory, legal reasoning, socio-legal studies, comparative jurisprudence and transitional justice.
Author | : James Bernard Murphy |
Publisher | : Yale University Press |
Total Pages | : 254 |
Release | : 2008-10-01 |
Genre | : Law |
ISBN | : 0300138016 |
In this first book-length study of positive law, James Bernard Murphy rewrites central chapters in the history of jurisprudence by uncovering a fundamental continuity among four great legal philosophers: Plato, Thomas Aquinas, Thomas Hobbes, and John Austin. In their theories of positive law, Murphy argues, these thinkers represent successive chapters in a single fascinating story. That story revolves around a fundamental ambiguity: is law positive because it is deliberately imposed (as opposed to customary law) or because it lacks moral necessity (as opposed to natural law)? These two senses of positive law are not coextensive yet the discourse of positive law oscillates unstably between them. What, then, is the relation between being deliberately imposed and lacking moral necessity? Murphy demonstrates how the discourse of positive law incorporates both normative and descriptive dimensions of law, and he discusses the relation of positive law not only to jurisprudence but also to the philosophy of language, ethics, theories of social order, and biblical law.
Author | : Mary Ellen O'Connell |
Publisher | : Cambridge University Press |
Total Pages | : 331 |
Release | : 2019-05-16 |
Genre | : Law |
ISBN | : 1108426662 |
Aesthetic philosophy and the arts offer an innovative and attractive approach to enhancing international law in support of peace.