Introduction To The Problems Of Legal Theory

Author : Hans Kelsen
Publisher : Oxford University Press, USA
Page : 224 pages
File Size : 41,7 Mb
Release : 1992
Category : Law
ISBN : STANFORD:36105044569981

Get Book

Introduction to the Problems of Legal Theory by Hans Kelsen Pdf

One of the leading legal philosophers of this century, Kelsen published this short treatise in 1934, when the neo-Kantian influence on his work was at its zenith. An earlier, "constructivist" phase had been displaced by his effort to provide something approximating a neo-Kantian foundation for his theory. If this second phase represents the Pure Theory of Law in its most characteristic form, then the present treatise may well be its central text. And of Kelsen's many statements of the Pure Theory, this one is surely the most accessible. Topics covered include the legal norm and Kelsen's normativity thesis, law and morality, the role of ideology, the concept of the legal person, legal interpretation, the identity of law and state, and the theory of international law. Among the appendices is an annotated bibliography of secondary literature on Kelsen.

Author : Ota Weinberger
Publisher : Springer Science & Business Media
Page : 289 pages
File Size : 50,9 Mb
Release : 2012-12-06
Category : Philosophy
ISBN : 9789401134583

Get Book

Law, Institution and Legal Politics by Ota Weinberger Pdf

It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.

Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
Page : 366 pages
File Size : 47,8 Mb
Release : 2005
Category : Law
ISBN : 9781584775782

Get Book

Pure Theory of Law by Hans Kelsen Pdf

Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.

Author : John D. Finch
Publisher : Unknown
Page : 246 pages
File Size : 50,8 Mb
Release : 1979
Category : Law
ISBN : STANFORD:36105043639322

Get Book

Introduction to Legal Theory by John D. Finch Pdf

Author : John Finch
Publisher : Unknown
Page : 0 pages
File Size : 45,8 Mb
Release : 2000
Category : Electronic
ISBN : 8175341610

Get Book

Introduction To Legal Theory, 1/e by John Finch Pdf

Author : James E. Penner,Richard Nobles
Publisher : Unknown
Page : 0 pages
File Size : 46,8 Mb
Release : 2002
Category : Jurisprudence
ISBN : OCLC:1358640431

Get Book

Introduction to Jurisprudence and Legal Theory by James E. Penner,Richard Nobles Pdf

Author : Neil MacCormick
Publisher : Clarendon Press
Page : 322 pages
File Size : 44,5 Mb
Release : 1994-08-11
Category : Law
ISBN : 9780191018596

Get Book

Legal Reasoning and Legal Theory by Neil MacCormick Pdf

What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.

Author : Michael Giudice
Publisher : Routledge
Page : 559 pages
File Size : 41,5 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351542623

Get Book

The Methodology of Legal Theory by Michael Giudice Pdf

The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart's 'Postscript' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists. This volume - the first in a three volume series - aims not only to fill that gap but also propose a systematic agenda for future work. The editors have selected articles written by leading legal theorists, including, among others, Leslie Green, Brian Leiter, Joseph Raz, Ronald Dworkin, and William Twining, and organized under four broad categories: 1) problems and purposes of legal theory; 2) the role of epistemology and semantics in theorising about the nature of law; 3) the relation between morality and legal theory; and 4) the scope of phenomena a general jurisprudence ought to address.

Author : Stephen C. Hicks
Publisher : Fred B Rothman & Company
Page : 385 pages
File Size : 52,9 Mb
Release : 1998-01-01
Category : Law
ISBN : 0837706882

Get Book

Modern Legal Theory by Stephen C. Hicks Pdf

This book of readings was designed for an introductory course in the theory of modern, Western law. The materials mine the depths of history, philosophy, politics, & ethics to bring to view a certain story of the present, past & future condition of modern Western legal theory, namely that "modern" legal theory is reaching its end with the new millennium.

Author : Ian Ward
Publisher : Taylor & Francis
Page : 217 pages
File Size : 50,5 Mb
Release : 2012-10-02
Category : Law
ISBN : 9781136997822

Get Book

Introduction to Critical Legal Theory by Ian Ward Pdf

Introduction to Critical Legal Theory provides an accessible introduction to the study of law and legal theory. It covers all the seminal movements in classical, modern and postmodern legal thought, engaging the reader with the ideas of jurists as diverse as Aristotle, Hobbes and Kant, Marx, Foucault and Dworkin. At the same time, it impresses the interdisciplinary nature of critical legal thought, introducing the reader to the philosophy, the economics and the politics of law. This new edition focuses even more intently upon the narrative aspect of critical legal thinking and the re-emergence of a distinctive legal humanism, as well as the various related challenges posed by our 'new' world order. Introduction to Critical Theory is a comprehensive text for both students and teachers of legal theory, jurisprudence and related subjects.

Author : Gokulesh Sharma
Publisher : Deep and Deep Publications
Page : 356 pages
File Size : 43,9 Mb
Release : 2008
Category : Comparative law
ISBN : 8184500483

Get Book

An Introduction to Legal Theories by Gokulesh Sharma Pdf

Author : Roger B. M. Cotterrell
Publisher : University of Pennsylvania Press
Page : 300 pages
File Size : 40,5 Mb
Release : 1992
Category : Law
ISBN : 0812213939

Get Book

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

Selected byChoice magazine as an Outstanding Academic Title

Author : Dennis Patterson
Publisher : John Wiley & Sons
Page : 704 pages
File Size : 43,5 Mb
Release : 2010-01-15
Category : Law
ISBN : 9781444320121

Get Book

A Companion to Philosophy of Law and Legal Theory by Dennis Patterson Pdf

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

Author : Verena Klappstein,Maciej Dybowski
Publisher : Springer Nature
Page : 274 pages
File Size : 42,5 Mb
Release : 2022-01-03
Category : Law
ISBN : 9783030838416

Get Book

Theory of Legal Evidence - Evidence in Legal Theory by Verena Klappstein,Maciej Dybowski Pdf

This book addresses theoretical problems concerning legal evidence. The concept of evidence is expected to fulfill a number of distinct roles in science and philosophy, but also in legal theory and law, some of which are complementary, while others are conflicting. In their profession, lawyers have to deal with evidence and proof. Yet the legal concept of evidence is constantly changing, and the debate concerning the distinction between a legal concept of evidence, the ordinary concept of evidence and the concept of evidence in science is far from being settled. What is more, the problem of evidence is central to both epistemology and the philosophy of science, and by extension to our academic thinking on law. In short, legal theorists’ interest in evidence may include such diverse objects as a bloody knife, sensory data, linguistic entities or psychologically recognized beliefs. The book surveys selected theoretical roles that the concept of evidence plays and explores their relations and interconnections. The content is divided into three parts, investigating: (1) evidence in epistemology and the philosophy of science, which focuses on evidence methodologies and the problem of proof in legal scholarship; (2) evidence in legal theory and legal philosophy, where particular attention is paid to the interplay between evidence, legal reasoning and the binding force of such reasoning; and (3) evidence in law, where theoretical problems pertaining to witnesses, expert opinions, explanations of the accused, statistical evidence and neuroscientific evidence are examined.

Author : Raymond Wacks
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 44,9 Mb
Release : 2005
Category : Droit
ISBN : 0199272581

Get Book

Understanding Jurisprudence by Raymond Wacks Pdf

Understanding Jurisprudence explores the concept of law and its role within society. Detailing both the traditional and modern jurisprudential theories Raymond Wacks clearly relates these often complex arguments to the nature and purpose of our current legal systems. This book reveals the intriguing and challenging nature of jurisprudence with clarity and enthusiasm. Without avoiding the complexities and subtleties of the subject, the author provides an illuminating guide to the central questions of legal theory. An experienced teacher of jurisprudence and distinguished writer in the field, his approach is stimulating, accessible, and entertaining.