The Concept Of A Philosophical Jurisprudence
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| 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 | : Andrei Marmor |
| Publisher | : Princeton University Press |
| Total Pages | : 180 |
| Release | : 2014-12-21 |
| Genre | : Philosophy |
| ISBN | : 0691163960 |
In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal domain can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law.
| Author | : Herbert Lionel Adolphus Hart |
| Publisher | : |
| Total Pages | : 263 |
| Release | : 1986 |
| Genre | : Jurisprudence |
| ISBN | : |
| Author | : Gerald J. Postema |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 633 |
| Release | : 2011-08-05 |
| Genre | : Philosophy |
| ISBN | : 9048189608 |
Volume 11, the sixth of the historical volumes of A Treatise of Legal Philosophy and General Jurisprudence, offers a fresh, philosophically engaged, critical interpretation of the main currents of jurisprudential thought in the English-speaking world of the 20th century. It tells the tale of two lectures and their legacies: Oliver Wendell Holmes, Jr.’s “The Path of Law” (1897) and H.L.A. Hart’s Holmes Lecture, “Positivism and the Separation of Law and Morals” (1958). Holmes’s radical challenge to late 19th century legal science gave birth to a rich variety of competing approaches to understanding law and legal reasoning from realism to economic jurisprudence to legal pragmatism, from recovery of key elements of common law jurisprudence and rule of law doctrine in the work of Llewellyn, Fuller and Hayek to root-and-branch attacks on the ideology of law by the Critical Legal Studies and Feminist movements. Hart, simultaneously building upon and transforming the undations of Austinian analytic jurisprudence laid in the early 20th century, introduced rigorous philosophical method to English-speaking jurisprudence and offered a reinterpretation of legal positivism which set the agenda for analytic legal philosophy to the end of the century and beyond. A wide-ranging debate over the role of moral principles in legal reasoning, sparked by Dworkin’s fundamental challenge to Hart’s theory, generated competing interpretations of and fundamental challenges to core doctrines of Hart’s positivism, including the nature and role of conventions at the foundations of law and the methodology of philosophical jurisprudence.
| Author | : Michael Oakeshott |
| Publisher | : Andrews UK Limited |
| Total Pages | : 474 |
| Release | : 2011-10-26 |
| Genre | : Philosophy |
| ISBN | : 1845403088 |
This volume brings together for the first time over a hundred of Oakeshott's essays and reviews, written between 1926 and 1951, that until now have remained scattered through a variety of scholarly journals, periodicals and newspapers. A new editorial introduction explains how these pieces, including the lengthy essay on the philosophical nature of jurisprudence that occupies an important position in Oakeshott's work, illuminate his other published writings. The collection throws new light on the context of his thought by placing him in dialogue with a number of other major figures in the humanities and social sciences during this period, including Leo Strauss, A.N. Whitehead, Karl Mannheim, Herbert Butterfield, E.H. Carr, Gilbert Ryle, and R.G. Collingwood.
| Author | : Immanuel Kant |
| Publisher | : |
| Total Pages | : 326 |
| Release | : 1887 |
| Genre | : Ethics |
| ISBN | : |
| 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 | : Peter Adamson |
| Publisher | : Walter de Gruyter GmbH & Co KG |
| Total Pages | : 354 |
| Release | : 2019-09-02 |
| Genre | : Philosophy |
| ISBN | : 3110552183 |
This book brings together the study of two great disciplines of the Islamic world: law and philosophy. In both sunni and shiite Islam, it became the norm for scholars to acquire a high level of expertise in the legal tradition. Thus some of the greatest names in the history of Aristotelianism were trained jurists, like Averroes, or commented on the status and nature of law, like al-Fārābī. While such authors sought to put law in its place relative to the philosophical disciplines, others criticized philosophy from a legal viewpoint, like al-Ghazālī and Ibn Taymiyya. But this collection of papers does not only explore the relative standing of law and philosophy. It also looks at how philosophers, theologians, and jurists answered philosophical questions that arise from jurisprudence itself. What is the logical structure of a well-formed legal argument? What standard of certainty needs to be attained in passing down judgments, and how is that standard reached? What are the sources of valid legal judgment and what makes these sources authoritative? May a believer be excused on grounds of ignorance? Together the contributions provide an unprecedented demonstration of the close connections between philosophy and law in Islamic society, while also highlighting the philosophical interest of texts normally studied only by legal historians.
| Author | : Robin West |
| Publisher | : Cambridge University Press |
| Total Pages | : 221 |
| Release | : 2011-08-22 |
| Genre | : Political Science |
| ISBN | : 1139504126 |
Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.
| Author | : Kenneth Einar Himma |
| Publisher | : Foundation Press |
| Total Pages | : 0 |
| Release | : 2011 |
| Genre | : Jurisprudence |
| ISBN | : 9781599414119 |
This is the most up-to-date comprehensive survey of the best work in analytic jurisprudence from Austin to the present, including contributions from the latest generation's brightest legal theorists. It begins with the earliest writings in natural law theory and positivism, tracing the history of the debate through the Hart-Fuller and Hart-Dworkin disputes to the current debates. The last third of the volume is devoted to the most influential papers on the hottest contemporary issues. The approach is analytic and hands-on. It seeks to motivate interest in foundational questions of law while simultaneously developing the skills the aspiring lawyer must have to succeed in the practice of law. To develop the student's ability to theorize on questions in analytic jurisprudence by providing a firm historical foundation before immersing her in the contemporary debates, where she will participate in the conversation. The book improves on existing text offerings in a number of respects. It provides the most comprehensive view of the field. The analytic approach is ascendant among researchers in law schools and philosophy departments worldwide who study the issues covered in this text. Accordingly, it is fair to say that this book provides, far and away, the most up-to-date and accurate snapshot of the work being done in conceptual issues regarding law so much so that it is suitable for use as a sourcebook for beginning research. Unlike the methodology of continental philosophy, the analytic methodology used in all the essays in this text employs the very same skills that a young lawyer is expected to have, and will deepen the law students' argumentative and verbal abilities.
