Essays In Legal And Moral Philosophy

Author : H. Kelsen
Publisher : Springer Science & Business Media
Page : 328 pages
File Size : 40,8 Mb
Release : 2012-12-06
Category : Philosophy
ISBN : 9789401026536

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Essays in Legal and Moral Philosophy by H. Kelsen Pdf

In his choice of texts, the Editor has been faced with the difficult task of selecting, from among the author's more than 600 publications, those of the greatest philosophical interest. It is chiefly the topics of value-rela tivism and the logic of norms that have been kept in view. The selection has also been guided by the endeavour to reprint, so far as possible, texts which have not hitherto appeared in English. At times, however, this aim has had to be discarded, in order to include works of key im portance and also the latest expressions of Kelsen's view. In addition to the two topics already mentioned, the Editor has con sidered Kelsen's discussions of the causal principle to be so far worthy of philosophical attention, that some writings on causality and account ability have been included in this collection of philosophical studies. OTA WEINBERGER Hans Kelsen died on April 19th, 1973. Only his work now lives, for the inspiration of future generations of jurists and philosophers. Graz, 25th April, 1973 OT A WEINBERGER TRANSLATOR'S NOTE I am obliged to the Editor for his careful scrutiny of the translation, which has led to a number of corrections and improvements in the text.

Author : GEORGE WILLIAM WARVELLE
Publisher : Lulu.com
Page : 257 pages
File Size : 47,7 Mb
Release : 2013-10-30
Category : Law
ISBN : 9781304570185

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ESSAYS IN LEGAL ETHICS by GEORGE WILLIAM WARVELLE Pdf

George William Warvelle, 1852-1940, was a legal paragon in his time; a Professor of Law in Chicago; a prominent legal scholar; and the author of many law volumes still in print and found in law offices and libraries today. This book was first published in 1902 in an era of no radio, no TV, or other electronic wastelands; an era when man communicated with conversation, reading and writing. The book is by a lawyer and was aimed at the then law students and practicing lawyers; however, the lessons therein are of historical interest to any lawyer or scholarly person today.

Author : Stephen Darwall
Publisher : Oxford University Press
Page : 228 pages
File Size : 47,8 Mb
Release : 2013-03-21
Category : Law
ISBN : 9780199662586

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Morality, Authority, and Law by Stephen Darwall Pdf

Stephen Darwall presents a series of essays that explore the view that morality is second-personal, entailing mutual accountability and the authority to address demands. He illustrates the power of the second-personal framework to illuminate a wide variety of issues in moral, political, and legal philosophy.

Author : Joseph Raz
Publisher : Unknown
Page : 310 pages
File Size : 54,5 Mb
Release : 1979
Category : Law
ISBN : UOM:39015066045918

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The Authority of Law by Joseph Raz Pdf

This revised edition of one of the classic works of modern legal philosophy, first published in 1979, represents Raz's landmark contribution which has had an enduring influence on philosophical work on the nature of law and its relation to morality. The new edition includes two previously uncollected essays and a new introduction from the author.

Author : Joseph Raz
Publisher : Oxford University Press
Page : 128 pages
File Size : 43,6 Mb
Release : 1994-06-16
Category : Law
ISBN : 9780191018756

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Ethics in the Public Domain by Joseph Raz Pdf

This new collection of essays opens with a pivotal essay, not previously published, on the implications of the moral duties which arise out of concern for the well-being of others. The first part of the book concentrates on the consequences of two central aspects of well-being: the importance of membership in groups - the role of belonging - and the active character of well-being - that it largely consists in successful activities. Both aspects have far-reaching political implications, explored in essays on free expression, national self-determination, and multiculturalism, among others. Against the background of the moral and political views developed in the first part, the second part of the book explores various aspects of the dynamic inter-relations between law and morality, offering some building blocks towards a theory of law.

Author : M. Kramer
Publisher : Springer
Page : 211 pages
File Size : 43,8 Mb
Release : 1998-12-06
Category : Philosophy
ISBN : 9780230377493

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In the Realm of Legal and Moral Philosophy by M. Kramer Pdf

In this wide-ranging investigation of many prominent issues in contemporary legal, political, and moral philosophy, Matthew Kramer combines penetrating critiques with original theorising as he examines the writings of numerous major theorists (including Ronald Dworkin, H.L.A. Hart, Alan Gewirth, Ronald Coase and Richard Posner). Among the many topics covered by Kramer's essays are the relative merits of legal positivism and natural-law theory, the appropriate understanding of justice, the role of consequences in moral decision-making, and the ultimate foundations of moral judgements.

Author : Herbert Lionel Adolphus Hart
Publisher : Oxford : Clarendon Press
Page : 330 pages
File Size : 44,5 Mb
Release : 1977
Category : Law
ISBN : UOM:39015058015333

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Law, Morality, and Society by Herbert Lionel Adolphus Hart Pdf

Law, Morality and Society Essays in Honour of H.L.A Hart

Author : Ch. Perelman
Publisher : Springer Science & Business Media
Page : 199 pages
File Size : 54,9 Mb
Release : 2012-12-06
Category : Philosophy
ISBN : 9789400990104

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Justice, Law, and Argument by Ch. Perelman Pdf

This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument (Routledge & Kegan Paul, London, 1963). The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P.

Author : David Dyzenhaus,Sophia Reibetanz Moreau,Arthur Ripstein
Publisher : University of Toronto Press
Page : 1095 pages
File Size : 51,9 Mb
Release : 2007-01-01
Category : Law
ISBN : 9780802094896

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Law and Morality by David Dyzenhaus,Sophia Reibetanz Moreau,Arthur Ripstein Pdf

Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication and the contribution of feminist approaches to the philosophy of law. New material on the Chinese Canadian head tax case is also featured. The second part of Law and Morality deals with philosophical questions as they apply to contemporary issues. Excerpts from judicial decisions as well as essays by practicing lawyers are included to provide theoretically informed legal analyses of the issues. Striking a balance between practical and more analytic, philosophical approaches, the volume's treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. Law and Morality has proved to be an essential text in both departments of philosophy and faculties of law and this latest edition brings the debates fully up to date, filling gaps in the previous editions and adding to the array of contemporary issues previously covered.

Author : Meir Dan-Cohen
Publisher : Princeton University Press
Page : 320 pages
File Size : 50,5 Mb
Release : 2009-01-10
Category : Philosophy
ISBN : 9781400825059

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Harmful Thoughts by Meir Dan-Cohen Pdf

In these writings by one of our most creative legal philosophers, Meir Dan-Cohen explores the nature of the self and its response to legal commands and mounts a challenge to some prevailing tenets of legal theory and the neighboring moral, political, and economic thought. The result is an insider's critique of liberalism that extends contemporary liberalism's Kantian strand, combining it with postmodernist ideas about the contingent and socially constructed self to build a thoroughly original perspective on some of the most vital concerns of legal and moral theory. Dan-Cohen looks first at the ubiquity of legal coercion and considers its decisive impact on the nature of legal discourse and communication, on law's normative aspirations and claim to obedience, and on the ideal of the rule of law. He moves on to discuss basic values, stressing the preeminence of individual identity and human dignity over the more traditional liberal preoccupations with preference-based choice and experiential harm. Dan-Cohen then focuses more directly on the normative ramifications of the socially constructed self. Fundamental concepts such as responsibility and ownership are reinterpreted to take account of the constitutive role that social practices--particularly law and morality--play in the formation of the self. Throughout, Dan-Cohen draws on a uniquely productive mix of philosophical traditions and subjects, blending the methods of analytic philosophy with the concerns of Continental philosophers to reconceive the self and its relation to ethics and the law.

Author : R. G. Frey,Christopher W. Morris
Publisher : Cambridge University Press
Page : 0 pages
File Size : 43,6 Mb
Release : 2008-10-30
Category : Philosophy
ISBN : 0521088666

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Liability and Responsibility by R. G. Frey,Christopher W. Morris Pdf

This collection of contemporary essays by a group of well-known philosophers and legal theorists covers various topics in the philosophy of law, focusing on issues concerning liability in contract, tort, and criminal law. The book is divided into four sections. The first provides a conceptual overview of the issues at stake in a philosophical discussion of liability and responsibility. The second, third, and fourth sections present, in turn, more detailed explorations of the roles of notions of liability and responsibility in contracts, torts, and punishment. The collection not only presents some of the most challenging work being done in legal philosophy today, it also demonstrates the interdisciplinary character of the field of philosophy of law, with contributors taking into account recent developments in economics, political science, and rational choice theory. This thought-provoking volume will help to shed light on the underexplored ground that lies between law and morals.

Author : Eugenio Bulygin
Publisher : Oxford University Press, USA
Page : 401 pages
File Size : 44,8 Mb
Release : 2015
Category : Law
ISBN : 9780198729365

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Essays in Legal Philosophy by Eugenio Bulygin Pdf

Eugenio Bulygin is a distinguished representative of legal science and legal philosophy. His essays, several written together with Carlos E. Alchourron, 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.

Author : John Finnis
Publisher : Oxford University Press
Page : 378 pages
File Size : 50,6 Mb
Release : 2011-04-07
Category : Law
ISBN : 9780199580057

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Reason in Action by John Finnis Pdf

Reason in Action collects John Finnis's work on practical reason and moral philosophy. Ranging from foundational issues of meta-ethics to modern ethical debates, the essays trace the emergence and development of his new classical theory of natural law through close engagement with a broad range of contemporary thinkers and problems.

Author : David Lyons
Publisher : Cambridge University Press
Page : 250 pages
File Size : 44,8 Mb
Release : 1993-01-29
Category : Law
ISBN : 0521438357

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Moral Aspects of Legal Theory by David Lyons Pdf

In this volume, Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice.

Author : Herbert Morris
Publisher : Univ of California Press
Page : 182 pages
File Size : 42,8 Mb
Release : 1976
Category : Law
ISBN : 0520023498

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On Guilt and Innocence by Herbert Morris Pdf