Conceptual Jurisprudence

Author : Jorge Luis Fabra-Zamora,Gonzalo Villa Rosas
Publisher : Springer Nature
Page : 315 pages
File Size : 49,8 Mb
Release : 2021-09-01
Category : Law
ISBN : 9783030788032

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Conceptual Jurisprudence by Jorge Luis Fabra-Zamora,Gonzalo Villa Rosas Pdf

This book brings together leading legal theorists to present original philosophical work on the concept of law - the central question of jurisprudence. It covers five broad topics: firstly it addresses debates concerning the methodology of jurisprudence. In Part II it focuses on the notion of a legal system and its coercive nature, while Part III explores the relationships between law and morality, the traditional point of contention between positivist and non-positivist theories of law. Part IV then examines questions regarding law’s normative character and relationships with practical reason. Lastly, the final part introduces two novel theoretical approaches to conceptual jurisprudence.

Author : Kenneth Einar Himma
Publisher : Foundation Press
Page : 0 pages
File Size : 51,8 Mb
Release : 2011
Category : Jurisprudence
ISBN : 1599414112

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The Nature of Law by Kenneth Einar Himma Pdf

This is the most up-to-date comprehensive survey of the best work in analytic jurisprudence from Austin to the present, including contributions from the latest generation's brightest legal theorists. It begins with the earliest writings in natural law theory and positivism, tracing the history of the debate through the Hart-Fuller and Hart-Dworkin disputes to the current debates. The last third of the volume is devoted to the most influential papers on the hottest contemporary issues. The approach is analytic and hands-on. It seeks to motivate interest in foundational questions of law while simultaneously developing the skills the aspiring lawyer must have to succeed in the practice of law. To develop the student's ability to theorize on questions in analytic jurisprudence by providing a firm historical foundation before immersing her in the contemporary debates, where she will participate in the conversation. The book improves on existing text offerings in a number of respects. It provides the most comprehensive view of the field. The analytic approach is ascendant among researchers in law schools and philosophy departments worldwide who study the issues covered in this text. Accordingly, it is fair to say that this book provides, far and away, the most up-to-date and accurate snapshot of the work being done in conceptual issues regarding law so much so that it is suitable for use as a sourcebook for beginning research. Unlike the methodology of continental philosophy, the analytic methodology used in all the essays in this text employs the very same skills that a young lawyer is expected to have, and will deepen the law students' argumentative and verbal abilities.

Author : Michael Giudice
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 40,6 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

Author : Scott Veitch,Emilios Christodoulidis,Marco Goldoni
Publisher : Routledge
Page : 322 pages
File Size : 41,7 Mb
Release : 2013-07-04
Category : Law
ISBN : 9781136312533

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Jurisprudence by Scott Veitch,Emilios Christodoulidis,Marco Goldoni Pdf

Jurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is presented in three parts each of which contains General Themes, Advanced Topics, tutorial questions and guidance on further reading: Law and Politics, locating the place of law within the study of institutions of government Legal Reasoning, examining the contested nature of the application of law Law in Modernity, exploring the social forces that shape legal development. This second edition includes enhanced discussion of the rise of legal positivism within the context of the rise of the modern state, the changing role of natural and human rights discourse, concepts of justice in and beyond the nation state, the impact of emergency doctrines in contemporary legal regulation, and challenges to the rule of law in light of shifting and competing demands for new types of social solidarity. Accessible, interdisciplinary, and socially informed this book has been revised to take into account the latest developments in jurisprudential scholarship.

Author : Jaap C. Hage,Dietmar von der Pfordten
Publisher : Springer Science & Business Media
Page : 140 pages
File Size : 49,5 Mb
Release : 2009-08-24
Category : Philosophy
ISBN : 9789048129829

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Concepts in Law by Jaap C. Hage,Dietmar von der Pfordten Pdf

During the last decades, legal theory has focused almost completely on norms, rules and arguments as the constitutive elements of law. Concepts were mostly neglected. The contributions to this volume try to remedy this neglect by elucidating the role concepts play in law from different perspectives. A main aim of this volume is to initiate a debate about concepts in law. Åke Frändberg gives an overview of the many different uses of concepts in law and shows amongst others that concepts in the law should not be confused with the role of concepts in descriptions of the law. Dietmar von der Pfordten criticizes the restriction to norms as parts of the law in contemporary legal theory by questioning what concepts are and what their function is, both in general and in legal conceptual schemes. Giovanni Sartor assumes the inferential analysis of meaning proposed by Alf Ross in his ground breaking paper Tû-tû and addresses the question how possession of a concept, including the rules defining it, is possible without endorsing these rules. Jaap Hage argues that 1. legal status words such as 'owner' have a meaning because they denote things or relations in institutional reality, 2. the meaning of these words consists in this denotation relation, 3. knowledge of this meaning presupposes knowledge of the rules governing these words. Torben Spaak contributes to this volume with an exemplary analysis of one of the most central concepts of the law, namely that of a legal power. Lorenz Kähler discusses the role of concepts in determining the scope of application of legal rules and raises from this perspective the question to what extent legal concept formation can be arbitrary. Ralf Poscher argues that as soon as a concept is used in stating the law, the precise scope of application of this concept has become a legal matter. This means that the use of ‘moral’ concepts in the law does not automatically lead to a moral import into the law. Dennis Patterson holds that Hart’s concept of law can be understood as a so-called ‘practice theory’ and provides an overview of such a theory.

Author : Kenneth Einar Himma
Publisher : Oxford University Press
Page : 240 pages
File Size : 43,9 Mb
Release : 2019-03-07
Category : Law
ISBN : 9780191035203

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Morality and the Nature of Law by Kenneth Einar Himma Pdf

Morality and the Nature of Law explores the conceptual relationship between morality and the criteria that determine what counts as law in a given societythe criteria of legal validity. Is it necessary condition for a legal system to include moral criteria of legal validity? Is it even possible for a legal system to have moral criteria of legal validity? The book considers the views of natural law theorists ranging from Blackstone to Dworkin and rejects them, arguing that it is not conceptually necessary that the criteria of legal validity include moral norms. Further, it rejects the exclusive positivist view, arguing instead that it is conceptually possible for the criteria of validity to include moral norms. In the process of considering such questions, this book considers Raz's views concerning the nature of authority and Shapiro's views about the guidance function of law, which have been thought to repudiate the conceptual possibility of moral criteria of legal validity. The book, then, articulates a thought experiment that shows that it is possible for a legal system to have such criteria and concludes with a chapter that argues that any legal system, like that of the United States, which affords final authority over the content of the law to judges who are fallible with respect to the requirements of morality is a legal system with purely source-based criteria of validity.

Author : Scott Veitch,Emilios Christodoulidis,Marco Goldoni
Publisher : Unknown
Page : 0 pages
File Size : 50,9 Mb
Release : 2018
Category : Jurisprudence
ISBN : 0415749654

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Jurisprudence by Scott Veitch,Emilios Christodoulidis,Marco Goldoni Pdf

"[This book provides an] introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is presented in three parts: the first two contain general themes with corresponding tutorial questions, and the third contains advanced topics. Every chapter in the book gives guidance on further reading"--

Author : Luís Duarte d'Almeida,James Edwards,Andrea Dolcetti
Publisher : A&C Black
Page : 429 pages
File Size : 43,9 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782252160

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Reading HLA Hart's 'The Concept of Law' by Luís Duarte d'Almeida,James Edwards,Andrea Dolcetti Pdf

More than 50 years after it was first published, The Concept of Law remains the most important work of legal philosophy in the English-speaking world. In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book. Unique in format, the volume proceeds sequentially through all the main ideas in The Concept of Law: each contributor addresses a single chapter of Hart's book, critically discussing its arguments in light of subsequent developments in the field. Four concluding essays assess the continued relevance for jurisprudence of the 'persistent questions' identified by Hart at the beginning of The Concept of Law. The collection also includes Hart's 'Answers to Eight Questions', written in 1988 and never before published in English. Contributors include Timothy Endicott, Richard HS Tur, Pavlos Eleftheriadis, John Gardner, Grant Lamond, Nicos Stavropoulos, Leslie Green, John Tasioulas, Jeremy Waldron, John Finnis, Frederick Schauer, Pierluigi Chiassoni and Nicola Lacey.

Author : HLA Hart,Herbert Lionel Adolphus Hart,Joseph Raz,Leslie Green
Publisher : Oxford University Press
Page : 390 pages
File Size : 44,6 Mb
Release : 2012-10-25
Category : Law
ISBN : 9780199644698

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The Concept of Law by HLA Hart,Herbert Lionel Adolphus Hart,Joseph Raz,Leslie Green Pdf

Fifty years on from its first publication, The Concept of Law is still the starting point for the study of legal philosophy and is widely heralded as a classic work of modern philosophy. This third edition features a new introduction by Leslie Green, looking at Hart's work from the perspective of modern jurisprudence.

Author : Sean Coyle,George Pavlakos
Publisher : Hart Publishing
Page : 185 pages
File Size : 49,8 Mb
Release : 2005-06
Category : Law
ISBN : 9781841135045

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Jurisprudence Or Legal Science by Sean Coyle,George Pavlakos Pdf

In a series of new essays the authors attempt to answer important questions about the nature of jurisprudential thinking.

Author : Enrico Pattaro
Publisher : Springer Science & Business Media
Page : 2015 pages
File Size : 51,6 Mb
Release : 2007-10-08
Category : Philosophy
ISBN : 9781402035050

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A Treatise of Legal Philosophy and General Jurisprudence by Enrico Pattaro Pdf

This paperback edition of the first of the twelve volumes of A Treatises of Legal Philosophy and General Jurisprudence, serves as an introduction to the first-ever multivolume treatment of all important issues in legal philosophy and general jurisprudence, consisting of a five-volume theoretical part and a six-volume historical part. The theoretical part covers the main topics of contemporary debate. The historical volumes trace the development of legal thought from ancient Greek times through the twentieth century. All volumes are edited by the renowned theorist Enrico Pattaro.

Author : Detlef von Daniels
Publisher : Routledge
Page : 257 pages
File Size : 45,8 Mb
Release : 2016-03-23
Category : Law
ISBN : 9781317037538

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The Concept of Law from a Transnational Perspective by Detlef von Daniels Pdf

This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The work uses a legal model to explore the underlying question of how the current phenomena of transnational law are best understood, in combination with an examination of the traditions of Jürgen Habermas's critical theory and H.L.A. Hart's analytic jurisprudence. This leads the author to conclude that the key to a fruitful dialogue and comprehensive understanding is to appreciate that the concept of law is not state-cantered and must reflect relationships to other legal systems.

Author : Herbert Lionel Adolphus Hart
Publisher : Unknown
Page : 263 pages
File Size : 51,8 Mb
Release : 1986
Category : Jurisprudence
ISBN : OCLC:15927021

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The Concept of Law by Herbert Lionel Adolphus Hart Pdf

Author : Kenneth Einar Himma,Miodrag Jovanovic,Bojan Spaic
Publisher : Bloomsbury Publishing
Page : 441 pages
File Size : 50,5 Mb
Release : 2018-11-01
Category : Law
ISBN : 9781509916269

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Unpacking Normativity by Kenneth Einar Himma,Miodrag Jovanovic,Bojan Spaic Pdf

This book provides a new and wide-ranging study of law's normativity, examining conceptual, descriptive and empirical dimensions of this perennial philosophical issue. It also contains essays concerned with, among other issues, the relationship between semantic and legal normativity; methodological concerns pertaining to understanding normativity; normativity and legal interpretation; and normativity as it pertains to transnational law. The contributors come not only from the usual Anglo-American and Western European community of legal theorists, but also from Latin American and Eastern European communities, representing a diversity of perspectives and points of view – including essays from both analytic and continental methodologies. With this range of topics, the book will appeal to scholars in transnational law, legal sociology, normative legal philosophy concerned with problems of state legitimacy and practical rationality, as well as those working in general jurisprudence. It comprises a highly important contribution to the study of law's normativity.

Author : Gary Minda
Publisher : NYU Press
Page : 363 pages
File Size : 48,7 Mb
Release : 1995
Category : Law
ISBN : 9780814755112

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Postmodern Legal Movements by Gary Minda Pdf

Minda (law, Brooklyn Law School) surveys the current state of legal scholarship and activism, describing movements that focus on the effects of law on human lives. He outlines the origins of modern normative and conceptual jurisprudence, discusses movements of the 1980s, and analyzes postmodern jurisprudence. He demonstrates how the new forms of scholarly discourse at the end of this century have ruptured the modern styles of jurisprudence, and how those discourses themselves have been reshaped by a postmodern perspective. Annotation copyright by Book News, Inc., Portland, OR