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| Author | : Clarence Morris |
| Publisher | : University of Pennsylvania Press |
| Total Pages | : 588 |
| Release | : 1971 |
| Genre | : Law |
| ISBN | : 9780812210088 |
"An attempt to give readers in one volume a speaking acquaintance with the great legal philosophers of the ages"--Preface
| 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 | : Larry May |
| Publisher | : John Wiley & Sons |
| Total Pages | : 649 |
| Release | : 2009-05-18 |
| Genre | : Philosophy |
| ISBN | : 1405183888 |
Philosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices. Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization Features concrete examples in the form of cases significant to the evolution of law Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory
| 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 | : Mark Tebbit |
| Publisher | : Psychology Press |
| Total Pages | : 262 |
| Release | : 2005 |
| Genre | : Law |
| ISBN | : 0415334411 |
"Simultaneously published in the USA and Canada."
| 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 | : Anthony J. Sebok |
| Publisher | : Cambridge University Press |
| Total Pages | : 343 |
| Release | : 1998-10-28 |
| Genre | : Law |
| ISBN | : 0521480418 |
This work represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought.
| Author | : Morris Raphael Cohen |
| Publisher | : Beard Books |
| Total Pages | : 550 |
| Release | : 2002 |
| Genre | : Law |
| ISBN | : 1587981440 |
| Author | : Stephen Law |
| Publisher | : Quercus |
| Total Pages | : 312 |
| Release | : 2014-09-09 |
| Genre | : Philosophy |
| ISBN | : 1623655560 |
Since the beginning of time mankind has struggled with the big questions surrounding our existence. Whilst most people have heard of Socrates, Machiavelli and Nietzsche, many are less clear on their theories and key concepts. In The Great Philosophers, bestselling author Stephen Law condenses and deciphers their fundamental ideas. Avoiding the technical jargon and complex logic associated with most books on philosophy, Law brings the thoughts of these great thinkers, from Confucius and Buddha to Wittgenstein and Sartre, to life.
| Author | : Enrico Pattaro |
| Publisher | : Springer |
| Total Pages | : 0 |
| Release | : 2015-12-04 |
| Genre | : Philosophy |
| ISBN | : 9789400714786 |
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2015), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
