The Unity of Law and Morality
Author | : Michael J. Detmold |
Publisher | : Routledge |
Total Pages | : 271 |
Release | : 1984-01-01 |
Genre | : Jurisprudence |
ISBN | : 9780710200303 |
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Author | : Michael J. Detmold |
Publisher | : Routledge |
Total Pages | : 271 |
Release | : 1984-01-01 |
Genre | : Jurisprudence |
ISBN | : 9780710200303 |
Author | : Lon Luvois Fuller |
Publisher | : |
Total Pages | : 0 |
Release | : 2004 |
Genre | : Law and ethics |
ISBN | : 9788175341630 |
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 | : Ronald Dworkin |
Publisher | : Harvard University Press |
Total Pages | : 521 |
Release | : 2011-05-03 |
Genre | : Philosophy |
ISBN | : 0674071964 |
The fox knows many things, the Greeks said, but the hedgehog knows one big thing. In his most comprehensive work, Ronald Dworkin argues that value in all its forms is one big thing: that what truth is, life means, morality requires, and justice demands are different aspects of the same large question. He develops original theories on a great variety of issues very rarely considered in the same book: moral skepticism, literary, artistic, and historical interpretation, free will, ancient moral theory, being good and living well, liberty, equality, and law among many other topics. What we think about any one of these must stand up, eventually, to any argument we find compelling about the rest. Skepticism in all its forms—philosophical, cynical, or post-modern—threatens that unity. The Galilean revolution once made the theological world of value safe for science. But the new republic gradually became a new empire: the modern philosophers inflated the methods of physics into a totalitarian theory of everything. They invaded and occupied all the honorifics—reality, truth, fact, ground, meaning, knowledge, and being—and dictated the terms on which other bodies of thought might aspire to them, and skepticism has been the inevitable result. We need a new revolution. We must make the world of science safe for value.
Author | : John Duns Scotus |
Publisher | : CUA Press |
Total Pages | : 359 |
Release | : 1997 |
Genre | : Philosophy |
ISBN | : 0813208955 |
No description available
Author | : Paul Guyer |
Publisher | : Cambridge University Press |
Total Pages | : 760 |
Release | : 2006-01-30 |
Genre | : Philosophy |
ISBN | : 1139827030 |
The philosophy of Immanuel Kant is the watershed of modern thought, which irrevocably changed the landscape of the field and prepared the way for all the significant philosophical movements of the nineteenth and twentieth centuries. This 2006 volume, which complements The Cambridge Companion to Kant, covers every aspect of Kant's philosophy, with a particular focus on his moral and political philosophy. It also provides detailed coverage of Kant's historical context and of the enormous impact and influence that his work has had on the subsequent history of philosophy. The bibliography also offers extensive and organized coverage of both classical and recent books on Kant. This volume thus provides the broadest and deepest introduction currently available on Kant and his place in modern philosophy, making accessible the philosophical enterprise of Kant to those coming to his work for the first time.
Author | : S. A. Lloyd |
Publisher | : Cambridge University Press |
Total Pages | : 437 |
Release | : 2009-07-20 |
Genre | : History |
ISBN | : 0521861675 |
In this book, S. A. Lloyd offers a radically new interpretation of Hobbes's laws of nature, revealing them to be not egoistic precepts of personal prudence but rather moral instructions for obtaining the common good. This account of Hobbes's moral philosophy stands in contrast to both divine command and rational choice interpretations. Drawing from the core notion of reciprocity, Lloyd explains Hobbes's system of "cases in the law of nature" and situates Hobbes's moral philosophy in the broader context of his political philosophy and views on religion. Offering ingenious new arguments, Lloyd defends a reciprocity interpretation of the laws of nature through which humanity's common good is secured.
Author | : Hans Kelsen |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 366 |
Release | : 2005 |
Genre | : Law |
ISBN | : 1584775785 |
Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.
Author | : KennethEinar Himma |
Publisher | : Routledge |
Total Pages | : 857 |
Release | : 2017-07-05 |
Genre | : Law |
ISBN | : 1351560794 |
This volume collects many of the key essays exploring the possible relationships between the concepts of law and morality, a central concern of contemporary philosophizing about law. It is organized around five conceptual issues: classical natural law theory; legal positivism's separability thesis; Ronald Dworkin's constructive interpretivism; inclusive legal positivism's assertion that there can be legal systems with moral criteria of legality; and the relevance of morality and moral theorizing in theorizing about the concept of law and associated legal concepts. Each of the essays makes an important contribution toward addressing these issues.
Author | : Matthew H. Kramer |
Publisher | : Oxford University Press, USA |
Total Pages | : 328 |
Release | : 2003 |
Genre | : Law |
ISBN | : 9780199264834 |
As an uncompromising defense of legal positivism, this book insists on the separability of law and morality. After distinguishing among three main dimensions of morality, the book explores a variety of ways in which law has been perceived by natural-law theorists as integrally connected to each of those dimensions. Some of the chapters pose arguments against major philosophers who have written on these issues, including David Lyons, Lon Fuller, Antony Duff, Joseph Raz, Ronald Dworkin, John Finnis, Philip Soper, Neil MacCormick, Robert Alexy, Gerald Postema, Stephen Perry, and Michael Moore. Several other chapters extend rather than defend legal positivism; they refine the insights of positivism and develop the implications of those insights in strikingly novel directions. The book concludes with a long discussion of the obligation to obey the law a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence.