Download or read book Jurisprudence or Legal Science written by Sean Coyle and published by Bloomsbury Publishing. This book was released on 2005-05-31 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern jurisprudence embodies two distinct traditions of thought about the nature of law. The first adopts a scientific approach which assumes that all legal phenomena possess universal characteristics that may be used in the analysis of any type of legal system. The main task of the legal philosopher is to disclose and understand such characteristics,which are thought to be capable of establishment independently of any moral or political values which the law might promote, and of any other context-dependent features of legal systems. Another form of jurisprudential reflection views the law as a complex form of moral arrangement which can only be analysed from within a system of reflective moral and political practices. Rather than conducting a search for neutral standpoints or criteria, this second form of theorising suggests that we uncover the nature and purpose of the law by reflecting on the dynamic properties of legal practice. Can legal philosophy aspire to scientific values of reasoning and truth? Is the idea of neutral standpoints an illusion? Should legal theorising be limited to the analysis of particular practices? Are the scientific and juristic approaches in the end as rigidly distinct from one another as some have claimed? In a series of important new essays the authors of Jurisprudence or Legal Science? attempt to answer these and other questions about the nature of jurisprudential thinking, whilst emphasising the connection of such 'methodological' concerns to the substantive legal issues which have traditionally defined the core of jurisprudential speculation. The list of contributors includes R. Alexy, S. Coyle, J. Gorman, C. Heidemann, P. Leith, J. Morison, G. Pavlakos and V. Rodriguez-Blanco.
Download or read book Analytic Jurisprudence Anthology written by Anthony A. D'Amato and published by Anderson Publishing Company (OH). This book was released on 1996 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Theory of Legal Duties and Rights written by William Edward Hearn and published by . This book was released on 1883 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Jurisprudence written by Suri Ratnapala and published by Cambridge University Press. This book was released on 2013-09-30 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a comprehensive overview of legal theory and philosophy and demystifies the discipline's major ideas and debates.
Download or read book The Jurisprudence of Law s Form and Substance written by Robert S. Summers and published by Routledge. This book was released on 2018-04-27 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2000: Robert S. Summers is a distinguished legal theorist whose work has had significant influence in Europe as well as the United States. The study of form and substance in law, the theme of this collection, marks many of his most distinctive contributions to law and legal philosophy over four decades.
Download or read book The Legacy of John Austin s Jurisprudence written by Michael Freeman and published by Springer Science & Business Media. This book was released on 2012-09-14 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first ever collected volume on John Austin, whose role in the founding of analytical jurisprudence is unquestionable. After 150 years, time has come to assess his legacy. The book fills a void in existing literature, by letting top scholars with diverse outlooks flesh out and discuss Austin’s legacy today. A nuanced, vibrant, and richly diverse picture of both his legal and ethical theories emerges, making a case for a renewal of interest in his work. The book applies multiple perspectives, reflecting Austin’s various interests – stretching from moral theory to theory of law and state, from Roman Law to Constitutional Law – and it offers a comparative outlook on Austin and his legacy in the light of the contemporary debate and major movements within legal theory. It sheds new light on some central issues of practical reasoning: the relation between law and morals, the nature of legal systems, the function of effectiveness, the value-free character of legal theory, the connection between normative and factual inquiries in the law, the role of power, the character of obedience and the notion of duty.
Download or read book Analytical Legal Naturalism written by Samuel Zinaich, Jr. and published by Rowman & Littlefield. This book was released on 2020-07-15 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: In legal jurisprudence, the phenomenon of “hard cases” presents itself as a dilemma between the legal positivists and the natural law realists. Of the former, without the metaphysical underpinnings of an objective legal or moral standard, the legal positivists cannot supply convincing arguments to supplant the sovereign as the origin and authority of law. The natural law realists face the problem of justifying the natural law. Against both views, S. Zinaich Jr. defends a middle position, Analytical Legal Naturalism (ALN). It represents an analytic norm, both necessarily true and known a posteriori. Against the legal positivists, it supplies an objective legal standard by removing--at least for hard cases--the necessity of the will of a sovereign authority. Against the natural law realists, ALN provides a nonmoral standard which, because of its analyticity and necessity, avoids the need for metaethical speculation. Finally, ALN provides a standard that not only supplies the universalizable punch to avoid political subjectivism, but does so in a conventional manner. Thus, ALN does not require a moral or modal reality as truth-making characteristics. Rather, it makes what is legally valuable or disvaluable dependent upon empirically verifiable facts that are legally relevant.
Download or read book The Theory of Legal Duties and Rights written by William Edward Hearn and published by Palala Press. This book was released on 2015-09-01 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book The Unsteady State written by Keith Culver and published by Cambridge University Press. This book was released on 2017-03-30 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analytical jurisprudence often proceeds with two key assumptions: that all law is either contained in or traceable back to an authorizing law-state, and that states are stable and in full control of the borders of their legal systems. What would a general theory of law be like and do if these long-standing presumptions were loosened? The Unsteady State aims to assess the possibilities by enacting a relational approach to explanation of law, exploring law's relations to the environment, security, and technology. The account provided here offers a rich and renewed perspective on the preconditions and continuity of legal order in systemic and non-systemic forms, and further supports the view that the state remains prominent yet is now less dominant in the normative lives of norm-subjects and as an object of legal theory.
Download or read book Interpretation and Legal Theory written by Andrei Marmor and published by Hart Publishing. This book was released on 2005-04-30 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically assesses Dworkin's methodological turn away from analytical jurisprudence towards a theory of interpretation.
Download or read book Lectures on Jurisprudence Or the Philosophy of Positive Law written by John Austin and published by . This book was released on 1873 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Theory of Precedent written by Raimo Siltala and published by Bloomsbury Publishing. This book was released on 2000-11-30 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analytical jurisprudence has been mostly silent on the role of precedent in legal adjudication. What is the content of a judge's precedent ideology,or the rule of precedent-recognition, by means of which the ratio of a case is to be distinguished from mere dicta? In this study, the author identifies six types of judicial precedent-ideology, among them judicial legislation, systemic construction of the underlying reasons of law in the Dworkinian sense, and a radical re-evaluation of the merits of a prior case in later adjudication, as envisioned by the American Realists. These competing models are tested against judicial experiences in the UK, US, France, Italy, Germany and Finland. By this means Lon Fuller's famous 'internal morality of law' is shown to function rather poorly in the context of precedents, and the author therefore suggests a redefinition of the rule which makes it work for precedent. This, in turn leads the author to confront fundamental questions about the normative nature of law. Is Kelsen's grundnorm or Hart's ultimate rule of recognition a valid rule, in the image of legal rules proper, or is it merely a social fact, observable only in the practices and behaviour of judges and other officials? The author claims that Hart is caught between Kelsen and J.L. Borges, the late Argentinian fabulist, in so far as the ontology and epistemology of the rule of recognition are concerned. This leads the author to the conclusion that the two predicaments affecting analytical positivism, namely the threat of endless self-referentiality, or infinite regress, can only be accounted for by means of recourse to the philosophy of deconstruction as posited by Jacques Derrida.
Download or read book The Theory of Legal Duties and Rights an Introduction to Analytical Jurisprudence written by William Edward Hear and published by Legare Street Press. This book was released on 2022-10-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book The Theory of Legal Duties and Rights written by William Edward Hearn and published by . This book was released on 2015-07-01 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Theory of Legal Duties and Rights: An Introduction to Analytical Jurisprudence About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Download or read book Introduction to Analytical Jurisprudence written by Anne Wade and published by . This book was released on 2023-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book serves as a comprehensive introduction to analytical jurisprudence, exploring themes related to legal philosophy, the nature of law, the philosophy of justice, and fundamental legal concepts. It is invaluable for undergraduate students studying law, offering them a foundational understanding of legal theory. Practitioners in the legal field benefit from deepening their grasp of legal philosophy and its implications for the practice of law. Policymakers gain insights into the philosophical underpinnings of legal systems, which can inform the development of just and equitable laws. The general public also benefits from becoming more aware of the philosophical foundations of the legal system, fostering a greater understanding of the principles that underlie the law.
Download or read book The Theory of Legal Duties and Rights an Introduction to Analytical Jurisprudence written by William Edward Hearn and published by Theclassics.Us. This book was released on 2013-09 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ... the power of reciprocal agency. Their case is not that of a power implied by law from the necessity of the case or from the conduct of the persons concerned. Their mutual agency is part of their original agreement, and consequently continues in force so long as that agreement itself continues. The other members of a firm cannot revoke against his will the power of one of their number unless they dissolve the partnership. Such a revocation would be a contradiction in terms. They all have agreed that for certain purposes they all shall be reciprocally agents. While that agreement lasts, some of them cannot bind the rest of their number by a new agreement to which those others are not parties. obligations 3. The second class of combined obligations eoriai Rights is that of contracts which generate rights in rem in rem as to thing, relating to things. This class includes bailments, hire, sale, and the contracts which relate to property given as security for pecuniary loans. The rights in rem thus produced belong, except in certain cases of sale, to that division of rights in rem which is known as in re aliend. That is, the contract does not generate a right of full ownership; but only what is called a qualified or limited ownership, a partial right in property of which the principal ownership is vested in another. The same idea may be expressed in other words if we say that the rights of ownership are divided; that the larger portion rests without qualification in one person, and the smaller portion rests temporarily and for a certain specific purpose in another person. Difficult questions sometimes arise as to the precise legal implication of some of these relations when the parties have not fully expressed their intentions. But...
Download or read book The Politics of Jurisprudence written by Roger B. M. Cotterrell and published by University of Pennsylvania Press. This book was released on 1992 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selected byChoice magazine as an Outstanding Academic Title
