Anglo American Philosophy Of Law

Author : Beryl Harold Levy
Publisher : Transaction Publishers
Page : 192 pages
File Size : 49,6 Mb
Release : 2024-07-01
Category : Law
ISBN : 1412817269

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Anglo-American Philosophy of Law by Beryl Harold Levy Pdf

An account of successive legal theories in England and America against a background of the varieties of natural law in the ancient, medieval and modern worlds. The outcome in Legal Realism provides insight into contemporary issues in law and the judicial process and their relation to moral philosophy. As Levy shows, legal theory has always been inspired by forces outside the law in philosophy and politics. In England the philosophy of Utilitarianism as expounded by Bentham and Austin brought legal positivism into prominence as an alternative to natural law. In the United States the philosophy of pragmatism spearheaded by James and Dewey and shared by Justice Holmes gave the functional turn resulting in the movement of Legal Realism. After sketching the background of varieties of natural law in the ancient, medieval, and modern worlds, Levy presents leading figures and trends in England and the United States. The book is written so as to be intelligible to lawyers, philosophers, and students of cultural history and social science.

Author : Nadia E. Nedzel,Nicholas Capaldi
Publisher : Springer Nature
Page : 297 pages
File Size : 46,7 Mb
Release : 2019-09-03
Category : Law
ISBN : 9783030263614

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The Anglo-American Conception of the Rule of Law by Nadia E. Nedzel,Nicholas Capaldi Pdf

This book offers a multidisciplinary account of the 'rule of law' as a central pillar of the classical liberal tradition. The authors analyze the original meaning of this expression as first introduced by British jurist A. V. Dicey, before examining its subsequent elaboration by Leoni, Fuller, Hayek and Oakeshott. Addressing the main philosophical and legal aspects of the rule of law, this volume will appeal to all those engaged in law, political theory, philosophy, economics, business ethics, and public policy.

Author : B.Sharon Byrd
Publisher : Routledge
Page : 602 pages
File Size : 41,8 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351561402

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Kant and Law by B.Sharon Byrd Pdf

Immanuel Kant's legal philosophy and theory have played an enormous role in the development of law since the eighteenth century. Although this influence can be seen primarily in German law and in the law of nations which have traditionally been oriented toward German legal development, today Kant's philosophy has experienced a Renaissance in the Anglo-American legal world. This anthology collects what the editors believe to be the very best of articles on Kant's legal theory, with an emphasis on his Metaphysics of Morals of 1797. In particular the articles relate to: 1) the nature of law and justice, 2) private law, 3) public law, 4) criminal law, 5) international law, and 6) cosmopolitan law.

Author : Roscoe Pound
Publisher : Blurb
Page : 144 pages
File Size : 42,9 Mb
Release : 2019-04-29
Category : History
ISBN : 0368694852

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An Introduction to the Philosophy of Law by Roscoe Pound Pdf

This book is a written version of lectures delivered before the Law School of Yale University as Storrs Lectures in the school year 1921-1922. A metaphysician who had written on the secret of Hegel was congratulated upon his success in keeping the secret. One who essays an introduction to the philosophy of law may easily achieve a like success. His hearers are not unlikely to find that he has presented not one subject but two, presupposing a knowledge of one and giving them but scant acquaintance with the other. If he is a philosopher, he is not unlikely to have tried a highly organized philosophical apparatus upon those fragments of law that lie upon the surface of the legal order, or upon the law as seen through the spectacles of some jurist who had interpreted it in terms of a wholly different philosophical system. Looking at the list of authorities relied upon in Spencer's Justice, and noting that his historical legal data were taken from Maine's Ancient Law and thus came shaped by the political-idealistic interpretation of the English historical school, it is not difficult to perceive why positivist and Hegelian came to the same juristic results by radically different methods. On the other hand, if he is a lawyer, he will very likely have been able to do no more than attempt none too intelligently to work with the complicated and delicate engines of others upon the toughest and most resistant of legal materials. Until some Anglo-American jurist arises with the universal equipment of Josef Kohler the results of common-law incursions into philosophy will resemble the effort of the editorial writer who wrote upon Chinese Metaphysics after reading in the EncyclopediaBriannica under China and Metaphysics and combining his information. Yet such incursions there must be. Philosophy has been a powerful instrument in the legal armory and the times are ripe for restoring it to its old place therein. At least one may show what philosophy has done for some of the chief

Author : Roscoe Pound
Publisher : Createspace Independent Publishing Platform
Page : 162 pages
File Size : 54,9 Mb
Release : 2018-08-06
Category : Electronic
ISBN : 1724708511

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An Introduction to the Philosophy of Law by Roscoe Pound Pdf

An Introduction to the Philosophy of Law: Large Print By Roscoe Pound The latter, he says, can be just only with respect to those things which by nature are indifferent. Thus when a newly reconstituted city took a living Spartan general for its eponymus, no one was bound by nature to sacrifice to Brasidas as to an ancestor, but he was bound by enactment and after all the matter was one of convention, which, in a society framed on the model of an organized kindred, required that the citizens have a common heroic ancestor, and was morally indifferent. The distinction was handed down to modern legal science by Thomas Aquinas, was embodied in Anglo-American legal thought by Blackstone, and has become staple. But it is quite out of its setting as a doctrine of mala prohibita and mala in se. We are delighted to publish this classic book as part of our extensive Classic Library collection. Many of the books in our collection have been out of print for decades, and therefore have not been accessible to the general public. The aim of our publishing program is to facilitate rapid access to this vast reservoir of literature, and our view is that this is a significant literary work, which deserves to be brought back into print after many decades. The contents of the vast majority of titles in the Classic Library have been scanned from the original works. To ensure a high quality product, each title has been meticulously hand curated by our staff. Our philosophy has been guided by a desire to provide the reader with a book that is as close as possible to ownership of the original work. We hope that you will enjoy this wonderful classic work, and that for you it becomes an enriching experience.

Author : Jordi Ferrer Beltrán,José Juan Moreso,Diego M. Papayannis
Publisher : Springer Science & Business Media
Page : 283 pages
File Size : 46,5 Mb
Release : 2013-04-03
Category : Law
ISBN : 9789400760677

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Neutrality and Theory of Law by Jordi Ferrer Beltrán,José Juan Moreso,Diego M. Papayannis Pdf

This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.

Author : Roger B. M. Cotterrell
Publisher : University of Pennsylvania Press
Page : 300 pages
File Size : 47,9 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

Author : Larry May,Jeff Brown
Publisher : John Wiley & Sons
Page : 649 pages
File Size : 46,8 Mb
Release : 2009-05-18
Category : Philosophy
ISBN : 9781405183888

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Philosophy of Law by Larry May,Jeff Brown Pdf

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

Author : Hugh Evander Willis,Indiana University
Publisher : Unknown
Page : 720 pages
File Size : 42,5 Mb
Release : 1926
Category : Law
ISBN : UTEXAS:059171104782842

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Introduction to Anglo-American Law by Hugh Evander Willis,Indiana University Pdf

Author : Wojciech Sadurski
Publisher : Springer Science & Business Media
Page : 333 pages
File Size : 48,9 Mb
Release : 2013-03-09
Category : Philosophy
ISBN : 9789401577069

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Giving Desert Its Due by Wojciech Sadurski Pdf

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field.

Author : Hugh Evander Willis
Publisher : Unknown
Page : 244 pages
File Size : 46,8 Mb
Release : 1926
Category : Law
ISBN : STANFORD:36105044013097

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Introduction to Anglo-American Law by Hugh Evander Willis Pdf

Author : Pawel Banas,Adam Dyrda,Tomasz Gizbert-Studnicki
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 52,7 Mb
Release : 2016-10-06
Category : Law
ISBN : 9781509906093

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Metaphilosophy of Law by Pawel Banas,Adam Dyrda,Tomasz Gizbert-Studnicki Pdf

Methodological and metaphilosophical disputes in the contemporary philosophy of law are very vivid. Basic issues remain controversial. The purpose of the book is to confront approaches of Anglo-Saxon and continental philosophy of law to the following topics: the purpose of legal philosophy, the role of disagreement in legal philosophy, methodology of legal philosophy (conceptual analysis) and normativity of law. We see those areas of legal metaphilosophy as drawing recently more and more attention in the literature. The authors of particular chapters are internationally recognised scholars rooted in various traditions: Anglo-Saxon (Gerald Postema, Dennis Patterson, Kenneth Ehrenberg, Veronica Rodriguez-Blanco); Southern-European (Riccardo Guastini, Manuel Atienza); Nordic (Torben Spaak); German (Ralf Poscher); and Central-European (Jan Wolenski, Tomasz Gizbert-Studnicki, Adam Dyrda). They represent different approaches and different backgrounds. The purpose of the volume is to contribute to the cross-cultural discussions of fundamental issues of philosophy of law.

Author : Åke Frändberg
Publisher : Springer
Page : 196 pages
File Size : 54,5 Mb
Release : 2014-07-03
Category : Law
ISBN : 9783319067841

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From Rechtsstaat to Universal Law-State by Åke Frändberg Pdf

In this book the author investigates what is common to the German idea of the Rechtsstaat and the Anglo-American idea of the Rule of Law. He argues that, although dressed up in rather different garb, these two concepts are in fact based on the same fundamental idea and stand for the same values (“the law-state values”) – all ideas that are in the European tradition older than their British and German variants. The fundamental idea is that the individual shall enjoy legal protection against infringements brought about by the exercise of power on the part of the state. In the book basic concepts such as legality, legal equality, legal certainty, legal accessibility and legal security are investigated. Also explored are their mutual relations, in particular, conflicts between them. Furthermore, the book offers practical advice on realising and sustaining these values in practice. Finally, it is argued that the characteristic law-state values can only be justified by reference to an even more fundamental humanistic idea, namely, what the author calls “a life of human dignity”.

Author : Alexander Passerin d'Entreves
Publisher : Routledge
Page : 289 pages
File Size : 49,5 Mb
Release : 2017-07-28
Category : Law
ISBN : 9781351503495

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Natural Law by Alexander Passerin d'Entreves Pdf

This is the classic study of the history and continuing philosophical values of the law of nature. D'Entreves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation hearings show that the law of nature still holds powerful appeal in defining judicial rules.In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entreves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians.Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entreves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entreves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study.—Mitchell Muncy, The University Bookman

Author : Douglas E. Litowitz
Publisher : Unknown
Page : 248 pages
File Size : 46,8 Mb
Release : 1997
Category : Law
ISBN : UOM:39015040629415

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Postmodern Philosophy and Law by Douglas E. Litowitz Pdf

The author presents a two-tiered analysis that views postmodern legal thought as both a collective intellectual movement, and as the work of particular theorists, notably Friedrich Nietzsche, Michel Foucault, Jacques Derrida, Francois Lyotard, and Richard Rorty. He concludes that even though postmodern thought does not give rise to a normative theory of right that can be used as a framework for deciding cases, it can focus attention on genealogy and discourse, and can empower those who have been denied a voice in the legal system. Annotation copyrighted by Book News, Inc., Portland, OR