Analytical Legal Naturalism

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Analytical Legal Naturalism

Samuel Zinaich, Jr.
Analytical Legal Naturalism Book PDF

Author : Samuel Zinaich, Jr.
Publisher : Rowman & Littlefield
Page : 207 pages
File Size : 51,6 Mb
Release : 2020-07-15
Category : Philosophy
ISBN : 9781498598804

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Analytical Legal Naturalism by Samuel Zinaich, Jr. Pdf

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.

A Theory of Precedent

Raimo Siltala
A Theory of Precedent Book PDF

Author : Raimo Siltala
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 53,5 Mb
Release : 2000-11-30
Category : Law
ISBN : 9781847311504

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A Theory of Precedent by Raimo Siltala Pdf

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.

Understanding the Nature of Law

Michael Giudice
Understanding the Nature of Law Book PDF

Author : Michael Giudice
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 47,9 Mb
Release : 2015-06-29
Category : Law
ISBN : 9781784718817

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Understanding the Nature of Law by Michael Giudice Pdf

Understanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized? This novel book explains the importance of

A Comparative Analysis of Cicero and Aquinas

Charles P. Nemeth
A Comparative Analysis of Cicero and Aquinas Book PDF

Author : Charles P. Nemeth
Publisher : Bloomsbury Publishing
Page : 208 pages
File Size : 55,8 Mb
Release : 2017-05-18
Category : Philosophy
ISBN : 9781350009479

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A Comparative Analysis of Cicero and Aquinas by Charles P. Nemeth Pdf

In A Comparative Analysis of Cicero and Aquinas, Charles P. Nemeth investigates how, despite their differences, these two figures may be the most compatible brothers in ideas ever conceived in the theory of natural law. Looking to find common threads that run between the philosophies of these two great thinkers of the Classical and Medieval periods, this book aims to determine whether or not there exists a common ground whereby ethical debates and dilemmas can be evaluated. Does comparison between Cicero and Aquinas offer a new pathway for moral measure, based on defined and developed principles? Do they deliver certain moral and ethical principles for human life to which each agree? Instead of a polemical diatribe, comparison between Cicero and Aquinas may edify a method of compromise and afford a more or less restrictive series of judgements about ethical quandaries.

Knowing the Natural Law

Steven Jensen
Knowing the Natural Law Book PDF

Author : Steven Jensen
Publisher : CUA Press
Page : 249 pages
File Size : 53,5 Mb
Release : 2015-03-26
Category : Philosophy
ISBN : 9780813227337

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Knowing the Natural Law by Steven Jensen Pdf

Knowing the Natural Law traces the thought of Aquinas from an understanding of human nature to a knowledge of the human good, from there to an account of ought-statements, and finally to choice, which issues in human actions. The much discussed article on the precepts of the natural law (I-II, 94, 2) provides the framework for a natural law rooted in human nature and in speculative knowledge. Practical knowledge is itself threefold: potentially practical knowledge, virtually practical knowledge, and fully practical knowledge.

Naturalizing Jurisprudence

Brian Leiter
Naturalizing Jurisprudence Book PDF

Author : Brian Leiter
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 53,6 Mb
Release : 2007
Category : Law
ISBN : 019920649X

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Naturalizing Jurisprudence by Brian Leiter Pdf

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.

Philosophical Foundations of the Nature of Law

Wil Waluchow,Stefan Sciaraffa
Philosophical Foundations of the Nature of Law Book PDF

Author : Wil Waluchow,Stefan Sciaraffa
Publisher : OUP Oxford
Page : 392 pages
File Size : 49,6 Mb
Release : 2013-03-14
Category : Law
ISBN : 9780191665615

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Philosophical Foundations of the Nature of Law by Wil Waluchow,Stefan Sciaraffa Pdf

In recent years we have witnessed major developments in philosophical inquiry concerning the nature of law and, with the continuing development of international and transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy. The volume covers four broad themes. The essays within the first theme address and develop the traditional debates between legal positivism, natural law theory, and Dworkinian interpretivism. Papers within the second theme focus on the power of coercion, often overlooked in contemporary legal philosophy. The third set of papers addresses the aims and methods of legal theory, and the role of conceptual analysis. The final section explores new methods and issues in the subject, and offers fresh starting points for future work in the field. Gathering many leading and up-and-coming writers in the subject, the volume offers a snapshot of the best current work in general jurisprudence.

A Critical Appraisal of Karl Olivecrona's Legal Philosophy

Torben Spaak
A Critical Appraisal of Karl Olivecrona s Legal Philosophy Book PDF

Author : Torben Spaak
Publisher : Springer
Page : 288 pages
File Size : 52,7 Mb
Release : 2014-06-17
Category : Law
ISBN : 9783319061672

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A Critical Appraisal of Karl Olivecrona's Legal Philosophy by Torben Spaak Pdf

This book offers a critical appraisal of Karl Olivecrona’s legal philosophy. Based on Olivecrona’s critique of the view that law has binding force, the analysis of the concept and function of a legal rule, and the idea that law is a matter of organized force, the book argues that Olivecrona’s legal philosophy is a unique contribution to twentieth century legal philosophy. It shows how Olivecrona’s philosophy can be used in the assessment of contemporary theories of law, such as those put forward by Hart, Raz, Dworkin, and Alexy. In addition, the book argues that Olivecrona’s various discussions of theories defended by key people in the history of legal and political philosophy are highly interesting contributions. They not only increase our understanding of the legal and political philosophy of previous generations, but also enhances our insight into legal-philosophical questions that remain with us today.

Precedents, Statutes, and Analysis of Legal Concepts

Scott Brewer
Precedents Statutes and Analysis of Legal Concepts Book PDF

Author : Scott Brewer
Publisher : Routledge
Page : 401 pages
File Size : 48,5 Mb
Release : 2013-06-17
Category : Philosophy
ISBN : 9781135643027

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Precedents, Statutes, and Analysis of Legal Concepts by Scott Brewer Pdf

At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.

Aquinas's Theory of Natural Law

Anthony J. Lisska
Aquinas s Theory of Natural Law Book PDF

Author : Anthony J. Lisska
Publisher : Oxford University Press, USA
Page : 342 pages
File Size : 42,8 Mb
Release : 1996
Category : Biography & Autobiography
ISBN : UOM:39015037405381

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Aquinas's Theory of Natural Law by Anthony J. Lisska Pdf

This new critique of Aquinas's theory of natural law discusses the background of the theory in Aristotle and advances new interpretations of contemporary legal issues which hark back to Aquinas.

The Politics of Jurisprudence

Roger B. M. Cotterrell
The Politics of Jurisprudence Book PDF

Author : Roger B. M. Cotterrell
Publisher : University of Pennsylvania Press
Page : 300 pages
File Size : 49,6 Mb
Release : 1992
Category : Law
ISBN : 0812213939

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The Politics of Jurisprudence by Roger B. M. Cotterrell Pdf

Selected byChoice magazine as an Outstanding Academic Title

Canadian Law and Indigenous Self?Determination

Gordon Christie
Canadian Law and Indigenous Self Determination Book PDF

Author : Gordon Christie
Publisher : University of Toronto Press
Page : 447 pages
File Size : 40,9 Mb
Release : 2019
Category : Law
ISBN : 9781442628991

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Canadian Law and Indigenous Self?Determination by Gordon Christie Pdf

Canadian Law and Indigenous Self-Determination demonstrates how, over the last few decades, Canadian law has attempted to remove Indigenous sovereignty from the Canadian legal, social, and political landscape.

Law in its Own Right

Henrik Olsen,Stuart Toddington
Law in its Own Right Book PDF

Author : Henrik Olsen,Stuart Toddington
Publisher : Bloomsbury Publishing
Page : 172 pages
File Size : 48,8 Mb
Release : 2000-01-01
Category : Law
ISBN : 9781847313027

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Law in its Own Right by Henrik Olsen,Stuart Toddington Pdf

What,precisely, is the relationship between legality and morality? Does legal validity rest upon moral validity? Are legal obligations moral obligations? For some years now schools of jurisprudential Naturalism and Positivism have become increasingly ambiguous in their responses to these questions. Olsen and Toddington argue that equivocation on the central issue here - that of obligation - has brought legal theory to the point where leading legal positivists and natural lawyers no longer retain significant differences. Instead, they allege, we are left with the remnants of what has always been, philosophically, a phoney war. The authors of this lucid and refreshing analysis of the concept of law, arguing from the perspectives of social science and political philosophy, show that jurisprudence must acknowledge that the political, the moral, and the legal are located within a continuum of practical reason, and that law's 'autonomy' from morality can not entail its 'separation' from it.

Living Law

Marc Hertogh
Living Law Book PDF

Author : Marc Hertogh
Publisher : Bloomsbury Publishing
Page : 292 pages
File Size : 50,7 Mb
Release : 2008-12-13
Category : Law
ISBN : 9781847314772

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Living Law by Marc Hertogh Pdf

This collection of essays is the first edited volume in the English language which is entirely dedicated to the work of Eugen Ehrlich. Eugen Ehrlich (1862-1922) was an eminent Austrian legal theorist and professor of Roman law. He is considered by many as one of the 'founding fathers' of modern sociology of law. Although the importance of his work (including his concept of 'living law') is widely recognised, Ehrlich has not yet received the serious international attention he deserves. Therefore, this collection of essays is aimed at 'reconsidering' Eugen Ehrlich by bringing together an interdisciplinary group of leading international experts to discuss both the historical and theoretical context of his work and its relevance for contemporary law and society scholarship. This book has been divided into four parts. Part I of this volume paints a lively picture of the Bukowina, in southeastern Europe, where Ehrlich was born in 1862. Moreover it considers the political and academic atmosphere at the end of the nineteenth century. Part II discusses the main concepts and ideas of Ehrlich's sociology of law and considers the reception of Ehrlich's work in the German speaking world, in the United States and in Japan. Part III of this volume is concerned with the work of Ehrlich in relation to that of some his contemporaries, including Roscoe Pound, Hans Kelsen and Cornelis van Vollenhoven. Part IV focuses on the relevance of Ehrlich's work for current socio-legal studies. This volume provides both an introduction to the important and innovative scholarship of Eugen Ehrlich as well as a starting point for further reading and discussion.

Legal Naturalism

Olufemi Taiwo
Legal Naturalism Book PDF

Author : Olufemi Taiwo
Publisher : Cornell University Press
Page : 228 pages
File Size : 47,9 Mb
Release : 2015-11-12
Category : Law
ISBN : 9781501701740

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Legal Naturalism by Olufemi Taiwo Pdf

Legal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence. It explicates both Marx's writings and the idea of natural law, and makes a forceful contribution to current debates on the foundations of law. Olufemi Taiwo argues that embedded in the corpus of Marxist writing is a plausible, adequate, and coherent legal theory. He describes Marx's general concept of law, which he calls "legal naturalism." For Marxism, natural law isn't a permanent verity; it refers to the basic law of a given epoch or social formation which is an essential aspect of its mode of production. Capitalist law is thus natural law in a capitalist society and is politically and morally progressive relative to the laws of preceding social formations. Taiwo emphasizes that these formations are dialectical or dynamic, not merely static, so that the law which is naturally appropriate to a capitalist economy will embody tensions and contradictions that replicate the underlying conflicts of that economy. In addition, he discusses the enactment and reform of "positive law"—law established by government institutions—in a Marxian framework.