Download or read book Legal Thought and Philosophy written by Bert van Roermund and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis book proves to be an excellent guide through the labyrinth of law. Its crucial point is legal order viewed from the perspective of a situated ÒWeÓ. Jurisprudence appears as an implicit sort of thinking, embedded in moral, political, epistemological, and linguistic contexts. Numerous example cases lead us from everyday issues to the abysses of violence. Anyone who practises or studies law will highly profit from reading this book. One sees how law functions by being more than mere law.Õ Ð Bernhard Waldenfels, Ruhr-University Bochum, Germany Legal Thought and Philosophy clarifies background questions in legal research projects, such as the relationship between law and justice, law and politics, law and knowledge, facts and norms, normativity and validity, constituent and constitutional power, and rule and context. It provides advanced students in law and philosophy with an account of legal thinking that combines analytical and phenomenological insights. From a conception of justice as principled political self-restraint, the book explains why there are moral reasons to separate law from morality conceptually and in what sense a legal order is positive Ð that is, set by authority and bound up with history. The book explores the conditions under which law may become an object of knowledge and theorizing, before finally discussing how these features come together in law as rule-following by citizens, officials, judges, and legislators alike. Addressing advanced students in law and philosophy, this key book: ¥ bridges separate traditions in legal philosophy (in particular analytical philosophy and phenomenology) ¥ develops a view of law as an institution of authority from a conception of justice in the socio-political relationship between ÔweÕ and Ôthe othersÕ ¥ presents a systematic account of normativity and validity ¥ explains in what sense law is Ôdoing things with rulesÕ.
Download or read book Philosophy of Law written by Andrei Marmor and published by Princeton University Press. This book was released on 2014-12-21 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Theory of Legal Principles written by Humberto Avila and published by Springer Science & Business Media. This book was released on 2007-09-26 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.
Download or read book Law Rights and Discourse written by George Pavlakos and published by Bloomsbury Publishing. This book was released on 2007-07-11 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: A philosophical system is not what one would expect to find in the work of a contemporary legal thinker. Robert Alexy's work counts as a striking exception. Over the past 28 years Alexy has been developing, with remarkable clarity and consistency, a systematic philosophy covering most of the key areas of legal philosophy. Kantian in its inspiration, his work admirably combines the rigour of analytical philosophy with a repertoire of humanitarian ideals reflecting the tradition of the Geisteswissenschaften, rendering it one of the most far-reaching and influential legal philosophies in our time. This volume has been designed with two foci in mind: the first is to reflect the breadth of Alexy's philosophical system, as well as the varieties of jurisprudential and philosophical scholarship in the last three decades on which his work has had an impact. The second objective is to provide for a critical exchange between Alexy and a number of specialists in the field, with an eye to identifying new areas of inquiry and offering a new impetus to the discourse theory of law. To that extent, it was thought that a critical exchange such as the one undertaken here would most appropriately reflect the discursive and critical character of Robert Alexy's work. The volume is divided into four parts, each dealing with a key area of Alexy's contribution. A final section brings together concise answers by Robert Alexy. In composing these, Alexy has tried to focus on points and criticisms that address new aspects of discourse theory or otherwise point the way to future developments and applications. With its range of topics of coverage, the number of specialists it engages and the originality of the answers it provides, this collection will become a standard work of reference for anyone working in legal theory in general and the discourse theory of law in particular.
Download or read book Philosophy of Law written by Larry May and published by John Wiley & Sons. This book was released on 2009-05-18 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Aristotle and The Philosophy of Law Theory Practice and Justice written by Liesbeth Huppes-Cluysenaer and published by Springer Science & Business Media. This book was released on 2013-02-14 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents a new focus on the legal philosophical texts of Aristotle, which offers a much richer frame for the understanding of practical thought, legal reasoning and political experience. It allows understanding how human beings interact in a complex world, and how extensive the complexity is which results from humans’ own power of self-construction and autonomy. The Aristotelian approach recognizes the limits of rationality and the inevitable and constitutive contingency in Law. All this offers a helpful instrument to understand the changes globalisation imposes to legal experience today. The contributions in this collection do not merely pay attention to private virtues, but focus primarily on public virtues. They deal with the fact that law is dependent on political power and that a person can never be sure about the facts of a case or about the right way to act. They explore the assumption that a detailed knowledge of Aristotle's epistemology is necessary, because of the direct connection between Enlightened reasoning and legal positivism. They pay attention to the concept of proportionality, which can be seen as a precondition to discuss liberalism.
Download or read book Philosophy of Law written by Raymond Wacks and published by Oxford University Press. This book was released on 2014-02 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy.
Download or read book Law s Meaning of Life written by Ngaire Naffine and published by Bloomsbury Publishing. This book was released on 2009-01-06 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The perennial question posed by the philosophically-inclined lawyer is 'What is law?' or perhaps 'What is the nature of law?' This book poses an associated, but no less fundamental, question about law which has received much less attention in the legal literature. It is: 'Who is law for?' Whenever people go to law, they are judged for their suitability as legal persons. They are given or refused rights and duties on the basis of ideas about who matters. These ideas are basic to legal-decision making; they form the intellectual and moral underpinning of legal thought. They help to determine whether law is essentially for rational human beings or whether it also speaks to and for human infants, adults with impaired reasoning, the comotose, foetuses and even animals. Are these the right kind of beings to enter legal relationships and so become legal persons. Are they, for example, sufficiently rational, or sacred or simply human? Is law meant for them? This book reveals and evaluates the type of thinking that goes into these fundamental legal and metaphysical determinations about who should be capable of bearing legal rights and duties. It identifies and analyses four influential ways of thinking about law's person, each with its own metaphysical suppositions. One approach derives from rationalist philosophy, a second from religion, a third from evolutionary biology while the fourth is strictly legalistic and so endeavours to eschew metaphysics altogether. The book offers a clear, coherent and critical account of these complex moral and intellectual processes entailed in the making of legal persons.
Download or read book Philosophy of the Law written by Shmuel Trigano and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has become a commonplace to regard nature and politics as the privileged sphere of Greet philosophy and to consider the thinking of Israel as exclusively attuned to the word of God. Yet an unbiased reading of the text of the Torah reveals a coherent biblical approach to the political. In Philosophy of the Law, Shmuel Trigano outlines the political theory of the Bible through a philosophical inquiry into the biblical text. Trigano claims that, far from advocating a theocracy, with all power in the hands of the Divine, biblical politics is based on human freedom. The Covenant in the Hebrew Bible may not be a "social contract," but the politics to which it leads can illuminate our thinking on the social contract model, which dominates the modern understanding of politics. Book jacket.
Download or read book Legal Philosophy from Plato to Hegel written by Huntington Cairns and published by JHU Press. This book was released on 2019-12-01 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1949. Huntington Cairns identifies the views that major Western philosophers took on law, the problems they considered significant about law, and the nature of the solutions they proposed. This book develops ideas discussed in Cairns' Law and the Social Sciences (1935) and Theory of Legal Science (1941). The object of these three volumes is the same: to construct the foundation of a theory of law that is the necessary antecedent to a possible jurisprudence. The inventory of philosophers that Cairns examines includes Plato, Aristotle, Cicero, Aquinas, Hobbes, Spinoza, and Hegel.
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 Why Law Matters written by Alon Harel and published by Oxford University Press (UK). This book was released on 2014-04 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.
Download or read book A Companion to Philosophy of Law and Legal Theory written by Dennis Patterson and published by John Wiley & Sons. This book was released on 2010-01-15 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: The articles in this new edition of A Companion to Philosophy ofLaw and Legal Theory have been updated throughout, and theaddition of ten new articles ensures that the volume continues tooffer the most up-to-date coverage of current thinking inlegal philosophy. Represents the definitive handbook of philosophy of law andcontemporary legal theory, invaluable to anyone with an interest inlegal philosophy Now features ten entirely new articles, covering the areas ofrisk, regulatory theory, methodology, overcriminalization,intention, coercion, unjust enrichment, the rule of law, law andsociety, and Kantian legal philosophy Essays are written by an international team of leadingscholars
Download or read book The Blackwell Guide to the Philosophy of Law and Legal Theory written by Martin P. Golding and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Blackwell Guide to the Philosophy of Law and Legal Theory is a handy guide to the state of play in contemporary philosophy of law and legal theory. Comprises 23 essays critical essays on the central themes and issues of the philosophy of law today, written by an international assembly of distinguished philosophers and legal theorists Each essay incorporates essential background material on the history and logic of the topic, as well as advancing the arguments Represents a wide variety of perspectives on current legal theory
Download or read book Force and Freedom written by Arthur Ripstein and published by Harvard University Press. This book was released on 2010-02-15 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
Download or read book Law and Philosophy of Language written by Pascal Richard and published by Routledge. This book was released on 2021-06-29 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic legal production, when it focuses on the study of law, generally grasps this concept on the basis of a reference to positive law and its practice. This book differs clearly from these analyses and integrates the legal approach into the philosophy of normative language, philosophical realism and pragmatism. The aim is not only to place the examination of law in the immanence of its practice, but also to take note of the fact that legal enunciation must be taken seriously. In order to arrive at this analysis, it is necessary to go beyond traditional perspectives and to base reflection on an investigation of the conditions for enunciating law in our democracies. This analysis thus offers a renewal of the ethics inherent in the action of jurists and an original reflection on the role of certain legal tools such as concepts, categories, or "provisions". In this sense, the work nourishes its originality not only by the transversality of its approach, but also by the will to situate legal thought in concrete forms of its implementation. The book will be essential reading for academics working in the areas of legal theory, legal philosophy and constitutional theory.
Download or read book Readings in the Philosophy of Law written by Keith Culver and published by Broadview Press. This book was released on 1999-12-07 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt:
