Download or read book Essays in Jurisprudence and Philosophy written by H. L. A. Hart and published by OUP Oxford. This book was released on 1983-11-24 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Essays on Bentham written by Herbert Lionel Adolphus Hart and published by . This book was released on 1982 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his introduction Professor Hart offers both an exposition and a critical assesment of some central issues in jurisprudence and political theory. Essay themes include Bentham's identification of the forms of mistification protecting the law from criticism, his relation to Beccaria and his conversion to democratic radicalism.
Download or read book Legality s Borders written by Keith Culver and published by Oxford University Press. This book was released on 2010-03-23 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: English-speaking jurisprudence of the last 100 years has devoted considerable attention to questions of identity and continuity. H.L.A. Hart, Joseph Raz, and many others have sought means to identify and distinguish legal from non-legal social situations, and to explain the enduring legality of those typically dynamic social situations. Focus on characterization of legality associated with the state, the most prominent legal phenomena available, has led to an analytical approach dominated by the idea of legal system and analysis of its constituent norms. Yet as far back as Hart's 1961 encounter with international law, the system-focussed approach to legality has experienced moments of self-doubt. From international law to the new legal order of the European Union, to shared governance and overlapping jurisdiction in transboundary areas, what at least appear to be instances of legality are at best weakly explained by approaches which presume the centrality of legal system as the mark and measure of social situations fully worthy of the title of legality. What next, as phenomena threaten to outstrip theory? Legality's Borders: An Essay in General Jurisprudence explains the rudiments of an inter-institutional theory of law, a theory which finds legality in the interaction between legal institutions, whose legality we characterise in terms of the kinds of norms they use rather than their content or system-membership. Prominent forms of legality such as the law-state and international law are then explained as particular forms of complex agglomeration of legal institutions, varying in form and complexity rather than sheer legality. This approach enables a fundamental shift in approach to the problems of identity and continuity of characteristically legal situations in social life: once legality is decoupled from legal system, the patterns of intense mutual reference amongst the legal institutions of the law-state can be seen as one justifiably prominent form of legality amongst others including overlapping forms of legality such as the European Union. Identity over time, on this view, is less a fixed set of characteristics than a history of intense mutual interaction of legal institutions, comparable against similar other agglomerations of legal institutions.
Download or read book Essays in Jurisprudence and Ethics written by Frederick Pollock and published by . This book was released on 1882 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Essays on Jurisprudence from the Columbia Law Review written by Columbia Law Review and published by Greenwood. This book was released on 1977 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Essays in Legal Theory written by Robert Summers and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this book treat important aspects of most of the major themes in contemporary philosophy of law and legal theory. All reveal the distinctive authenticity of the author's work, for he is not only a reputable legal theorist but an internationally known scholar of private law, and for many years chair of the Bielefelder Kreis, an international group of legal theorists who have jointly authored major works comparing methodologies of statutory interpretation and precedent.
Download or read book Jurisprudence Essay written by James Mill and published by DigiCat. This book was released on 2022-06-13 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Jurisprudence" is a compilation of essays on the topic of the protection of rights, written by James Mill, Scottish economist, political theorist, and philosopher. Subject of these essays are the protection of rights, requirements for the perfection of the civil code, necessities for the perfection of the penal code, the doctrine of punishment, the code of procedure and the judicial establishment.
Download or read book Essays in the Law written by Frederick Pollock and published by . This book was released on 1922 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Duties and Other Essays in Jurisprudence written by Carleton Kemp Allen and published by . This book was released on 1931 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Data of Jurisprudence written by William Galbraith Miller and published by Edinburgh : Green. This book was released on 1903 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Essays on the Nature of Law and Legal Reasoning written by Robert S. Summers and published by . This book was released on 1992 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Naturalizing Jurisprudence written by Brian Leiter and published by Oxford University Press, USA. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revisedversions of ten of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect the Realist program to themethodology debate in contemporary jurisprudence; and explore the general implications of a naturalistic world view for problems about the objectivity of law and morality. Leiter has supplied a lengthy new introductory essay, as well as postscripts to several of the essays, in which he responds tochallenges to his interpretive and philosophical claims by academic lawyers and philosophers.This volume will be essential reading for anyone interested in jurisprudence, as well as for philosophers concerned with the consequences of naturalism in moral and legal philosophy.
Download or read book Jurisprudence and Legal Essays written by Frederick Pollock and published by Praeger. This book was released on 1978 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains Part I of a First Book of Jurisprudence (1929)and essays from Essays in Jurisprudence and Ethics (1882) and Essays in the Law (1922).
Download or read book Truth Error and Criminal Law written by Larry Laudan and published by Cambridge University Press. This book was released on 2006-06-05 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.
Download or read book More Essays in Legal Philosophy written by Robert S. Summers and published by Univ of California Press. This book was released on 1971-01-01 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Type Theory of Law written by Marko Novak and published by Springer. This book was released on 2016-05-10 with total page 123 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a Type Theory of Law (TTL), claiming that this is a unique theory of law that stems from the philosophical understanding of Jung’s psychological types applied to the phenomenon of law. Furthermore, the TTL claims to be a universal, general and descriptive account of law. To prove that, the book first presents the fundamentals of Jungian psychological types, as they had been invented by Jung and consequently developed further by his followers. The next part of the book describes how the typological structure of an individual determines their understanding of law. It then addresses the way in which inclusive legal theory can be understood based on this typology. Finally, the book describes the TTL in general and descriptive terms and puts it into context. All in all, the book shows how the integral or inclusive approach to understanding the nature of law is not only in tune with our time, but also relevant for presenting a more persuasive picture of law than the older exclusivist or dualist approaches of strict natural law and rigid legal positivism did.
Download or read book Essays in Legal Philosophy written by Eugenio Bulygin and published by OUP Oxford. This book was released on 2015-07-09 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eugenio Bulygin is a distinguished representative of legal science and legal philosophy as they are known on the European continent - no accident, given the role of the civil law tradition in his home country, Argentina. Over the past half-century, Bulygin has engaged virtually all major legal philosophers in the English-speaking countries, including H.L.A. Hart, Ronald Dworkin, and Joseph Raz. Bulygin's essays, several written together with his eminent colleague and close friend Carlos E. Alchourrón, reflect the genre familiar from Alf Ross's On Law and Justice, Hans Kelsen's Pure Theory of Law, and Georg Henrik von Wright's Norm and Action. Bulygin's wide-ranging interests include most of the topics found under the rubric of analytical jurisprudence - interpretation and judicial reasoning, validity and efficacy of law, legal positivism and the problem of normativity, completeness and consistency of the legal system, the nature of legal norms, and the role of deontic logic in the law. The reader will take delight in the often agreeably unorthodox character of Bulygin's views and in his hard-hitting arguments in defence of them. He challenges the received opinion on gaps in the law, on legal efficacy, on permissory norms, and on the criteria for legal validity. Bulygin's essays have been wellnigh inaccessible in the past, appearing in specialized journals, often in Spanish or German. They are now available for the first time in an English-language collection.
