Legislative Intent And Other Essays On Law Politics And Morality

Author : Gerald Cushing MacCallum
Publisher : Univ of Wisconsin Press
Page : 324 pages
File Size : 50,6 Mb
Release : 1993
Category : Law
ISBN : 0299138607

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Legislative Intent and Other Essays on Law, Politics, and Morality by Gerald Cushing MacCallum Pdf

In the last years of his life, Gerald C. MacCallum, Jr. defied illness to continue his work on the philosophy of law. This book is a monument to MacCallum's effort, containing fourteen of his essays, five of them published here for the first time. Two of those previously published are widely admired and reprinted: "Legislative Intent", certainly one of the best papers published on its topic, and "Negative and Positive Freedom", which offered a new way of looking at a distinction that had been canonical for the last two centuries. To complete MacCallum's unfinished pieces, Marcus G. Singer and Rex Martin painstakingly consulted MacCallum's notes for planned revisions. MacCallum discusses legal reasoning, the application of rules, the interpretation of statutes and constitutional provisions, and the relation of these matters to morality and justice. In the last decade of his working life, he became greatly concerned with the interrelated themes of integrity, autonomy, conscience, and violence. He became interested in the relations between competition and morality and between justice and adversarial systems of law. These themes are woven together in Legislative Intent and constitute the main subject of some of the essays. MacCallum was engaged in a constant search for truth and understanding and in his life and work lived up to Emerson's vision of the "American Scholar" as "Man Thinking". These essays are informed by the author's deep curiosity, penetrating intelligence, wide knowledge, and outstanding character. They will be treasured wherever these characteristics and true philosophy are treasured.

Author : KennethEinar Himma
Publisher : Routledge
Page : 527 pages
File Size : 48,7 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351560801

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Law and Morality by KennethEinar Himma Pdf

This volume collects many of the key essays exploring the possible relationships between the concepts of law and morality, a central concern of contemporary philosophizing about law. It is organized around five conceptual issues: classical natural law theory; legal positivism's separability thesis; Ronald Dworkin's constructive interpretivism; inclusive legal positivism's assertion that there can be legal systems with moral criteria of legality; and the relevance of morality and moral theorizing in theorizing about the concept of law and associated legal concepts. Each of the essays makes an important contribution toward addressing these issues.

Author : Andrei Marmor
Publisher : Oxford University Press
Page : 312 pages
File Size : 53,5 Mb
Release : 2007-12-31
Category : Law
ISBN : 9780190450762

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Law in the Age of Pluralism by Andrei Marmor Pdf

Law in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy. Written within the analytical tradition in jurisprudence, the collection covers a wide range of topics, such as the nature of law and legal theory, the rule of law, the values of democracy and constitutionalism, moral aspects of legal interpretation, the nature of rights, economic equality, and more. The essays in this volume explore issues where law, morality and politics meet, and discuss some of the key challenges facing liberal democracies. Marmor posits that a liberal state must first and foremost respect people's personal autonomy and their differing, though reasonable, conceptions of the good and the just. This basic respect for pluralism is shown to entail a rather skeptical attitude towards grand theories of law and state, such as contemporary constitutionalism or Dworkin's conception of 'law as integrity'. The values of pluralism and respect for autonomy, however, are also employed to justify some of the main aspects of a liberal state, such as the value of democracy, the rule of law, and certain conceptions of equality. The essays are organized in three groups: the first considers the rule of law, democracy and constitutionalism. The second group consists of several essays on the nature of law, legal theory, and their relations to morality. Finally, the collection concludes with essays on the nature of rights, the limits of rights discourse, and the value of economic equality.

Author : Andrei Marmor
Publisher : Oxford University Press, USA
Page : 488 pages
File Size : 44,9 Mb
Release : 1995
Category : Law
ISBN : STANFORD:36105060559171

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Law and Interpretation by Andrei Marmor Pdf

Interest in interpretation has emerged in recent years as one of the main intellectual paradigms of legal scholarship. This collection of new essays in law and interpretation provides the reader with an overview of this important topic, written by some of the most distinguished scholars in the field. The book begins with interpretation as a general method of legal theorizing, and thus provides critical assessment of the recent "interpretative turn" in jurisprudence. Further chapters include essays on the nature of interpretation, its objectivity, the possible determinacy of legal standards, and their nature. Concluding with a series of articles on the role of legislative intent in the interpretation of statutes, this work offers new and refreshing insights into this old controversy.

Author : David Lyons
Publisher : Cambridge University Press
Page : 250 pages
File Size : 50,7 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 : Gerald J. Postema
Publisher : Oxford University Press
Page : 335 pages
File Size : 40,8 Mb
Release : 2019-07-29
Category : Law
ISBN : 9780192511584

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Utility, Publicity, and Law by Gerald J. Postema Pdf

The essays in this volume offer a reassessment of Jeremy Bentham's strikingly original legal philosophy. Early on, Bentham discovered his 'genius for legislation' - 'legislation' included not only lawmaking and code writing, but also political and social institution building and engineering of public spaces for effective control of the exercise of political power. In his general philosophical work, Bentham sought to articulate a public philosophy to guide and direct all of his 'legislative' efforts. Part I explores the philosophical foundations of his public philosophy: his theory of meaning and framework for analysis and definition of key concepts, his theory of human affections and motivations, and his utilitarian theory of value. It is argued that, while concepts of pleasure and happiness play nominal roles in his theory of value, concepts of publicity, equality, and interests emerge as the dominant concepts of his public philosophy. Part II explores several dimensions of Bentham's jurisprudence, including his radically revised command model of law, his early reflections on justice and law in adjudication, his theories of judicial evidence, constitutional rights, the rule of law, and international law. The concluding essay demonstrates the centrality of the notion of publicity in his moral, legal and political thought. Emerging from this study is a positivist legal theory and a utilitarian moral-political philosophy that challenge in fundamental ways contemporary understandings of those doctrines.

Author : Robert P. George
Publisher : Clarendon Press
Page : 356 pages
File Size : 50,6 Mb
Release : 1999
Category : Electronic books
ISBN : 0198267908

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The Autonomy of Law by Robert P. George Pdf

This collection of essays from legal philosophers offers an assessment of the nature and viability of legal positivism. It addresses questions such as: to what extent is the law adequately described as autonomous?; and should legal theorists maintain a conceptual separation of law and morality?.

Author : David Dyzenhaus,Sophia Reibetanz Moreau,Arthur Ripstein
Publisher : University of Toronto Press
Page : 1095 pages
File Size : 50,5 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 : Michael J. Perry
Publisher : Oxford University Press, USA
Page : 344 pages
File Size : 42,9 Mb
Release : 1988
Category : Language Arts & Disciplines
ISBN : UOM:39015012424548

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Morality, Politics, and Law by Michael J. Perry Pdf

Addressing the proper relation of moral and religious belief to politics and law, especially constitutional law, Perry here discusses whether a common moral foundation exists that is capable of providing, in a diverse social system like ours, consistent guidelines for handling divisive political, policy, religious and constitutional disputes. His study represents a distinctive position in the vast and growing literature on the moral foundations of liberal political and legal life.

Author : Joel Feinberg
Publisher : Oxford University Press
Page : 232 pages
File Size : 46,6 Mb
Release : 2002-12-26
Category : Law
ISBN : 9780190288648

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Problems at the Roots of Law by Joel Feinberg Pdf

Feinberg is one of the leading philosophers of law of the last forty years. This volume collects recent articles, both published and unpublished, on what he terms "basic questions" about the law, particularly in regard to the relationship to morality. Accessibly and elegantly written, this volume's audience will reflect the diverse nature of Feinberg's own interests: scholars in philosophy of law, legal theory, and ethical and moral theory.

Author : Joseph Raz
Publisher : Unknown
Page : 310 pages
File Size : 47,7 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 : Richard Ekins
Publisher : OUP Oxford
Page : 318 pages
File Size : 48,7 Mb
Release : 2012-10-11
Category : Law
ISBN : 9780191645945

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The Nature of Legislative Intent by Richard Ekins Pdf

Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.

Author : Shaun P. Young
Publisher : Routledge
Page : 234 pages
File Size : 40,6 Mb
Release : 2016-04-08
Category : Philosophy
ISBN : 9781317069584

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Reflections on Rawls by Shaun P. Young Pdf

The late John Rawls was one of the most inspiring, provocative and influential political philosophers of the twentieth century. In this collection a panel of distinguished political philosophers critically explore the intellectual legacy of Rawls. The essays herein engage Rawls's political theorizing from his earliest published writings in the 1950s to his final publication in 2001, Justice as Fairness: A Restatement and explore a diversity of issues related to his arguments, such as the attractiveness of his methodology/methodologies, and the normative coherence and empirical validity of his claims. In turn, the effectiveness both of his arguments and those of various supporters and critics are evaluated from the perspective of a variety of analytical approaches, including cosmopolitanism, communitarianism, perfectionism, liberalism, and legal theory. This book is an edifying and engaging dialogue with ideas and arguments that have provided the theoretical framework for much of contemporary political philosophy, and a thoughtful assessment of their continuing significance and place within the pantheon of political philosophy.

Author : Teresa Marques,Chiara Valentini
Publisher : Routledge
Page : 334 pages
File Size : 50,7 Mb
Release : 2021-11-29
Category : Philosophy
ISBN : 9781000485950

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Collective Action, Philosophy and Law by Teresa Marques,Chiara Valentini Pdf

Collective Action, Philosophy and Law brings together two important strands of philosophical analysis. It combines general philosophical inquiry into collective agency with analyses of specific questions about plural entities and activities in the legal domain. These are issues of growing interest in areas of philosophy like action theory and social ontology, as well as in philosophy of law. The book contains 13 original chapters written by an international team of leading philosophers and legal theorists and is divided into 4 parts: The nature of law and of legislative intention Practical reasoning and duties Causality, blameworthiness and responsibility Citizens, states and institutions. These sections cut across, and build on, different accounts to advance the debate on classical and new issues in collective agency. Each part also features legal-philosophical analyses that draw on general accounts of collective agency to cast new light on the law, descriptive as well as normatively. Collective Action, Philosophy and Law is the first major interdisciplinary and multi-authored work bridging legal and philosophical approaches to collective agency. As such, it is essential reading for students and researchers of philosophy of law, ethics, political philosophy, jurisprudence and legal theory.

Author : Robert S. Summers
Publisher : Univ of California Press
Page : 316 pages
File Size : 41,8 Mb
Release : 1968
Category : Law
ISBN : 0520012410

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Essays in Legal Philosophy by Robert S. Summers Pdf