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Author : Torben Spaak,Patricia Mindus
Publisher : Cambridge University Press
Page : 807 pages
File Size : 55,5 Mb
Release : 2021-02-04
Category : Law
ISBN : 9781108427678
The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
Author : Torben Spaak,Patricia Mindus
Publisher : Cambridge University Press
Page : 807 pages
File Size : 48,9 Mb
Release : 2021-02-04
Category : Law
ISBN : 9781108663632
Legal positivism is one of the fundamental theories of jurisprudence studied in law and related fields around the world. This volume addresses how legal positivism is perceived and makes the case for why it is relevant for contemporary legal theory. The Cambridge Companion to Legal Positivism offers thirty-three chapters from leading scholars that provide a comprehensive commentary on the fundamental ideas of legal positivism, its history and major theorists, its connection to normativity and values, its current development and influence, as well as on the criticisms moved against it.
Author : Torben Spaak,Patricia Mindus
Publisher : Unknown
Page : 788 pages
File Size : 41,9 Mb
Release : 2021
Category : Jurisprudence
ISBN : 1108636373
Legal positivism is one of the fundamental theories of jurisprudence studied in law and related fields around the world. This volume addresses how legal positivism is perceived and makes the case for why it is relevant for contemporary legal theory. The Cambridge Companion to Legal Positivism offers thirty-three chapters from leading scholars that provide a comprehensive commentary on the fundamental ideas of legal positivism, its history and major theorists, its connection to normativity and values, its current development and influence, as well as on the criticisms moved against it.
Author : George Duke,Robert P. George
Publisher : Cambridge University Press
Page : 469 pages
File Size : 44,5 Mb
Release : 2017-06-16
Category : Law
ISBN : 9781107120518
This volume brings together leading experts on natural law theory to provide perspectives on the nature and foundations of law.
Author : John Tasioulas
Publisher : Cambridge University Press
Page : 435 pages
File Size : 50,7 Mb
Release : 2020-07-02
Category : Law
ISBN : 9781108963428
What is the nature of law as a form of social order? What bearing do values like justice, human rights, and the rule of law have on law? Which values should law serve, and what limits must it respect in serving them? Are we always morally bound to obey the law? What are the philosophical problems that arise in specific areas of law, from criminal and tort law to contract law and public international law? The book provides an accessible, comprehensive, and high quality introduction to the major themes of legal philosophy written by a stellar international cast of contributors, including John Finnis, Martha Nussbaum, Fred Schauer, Onora O'Neill and Antony Duff. The volume is an exceptional teaching tool that provides a critical introduction to cutting-edge work in the philosophy of law.
Author : James Crawford,Martti Koskenniemi,Surabhi Ranganathan
Publisher : Cambridge University Press
Page : 485 pages
File Size : 42,8 Mb
Release : 2012-01-26
Category : Law
ISBN : 9780521190886
A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.
Author : Anthony J. Sebok
Publisher : Cambridge University Press
Page : 343 pages
File Size : 46,9 Mb
Release : 1998-10-28
Category : Law
ISBN : 9780521480413
This work represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought.
Author : Jens Meierhenrich,Martin Loughlin
Publisher : Cambridge University Press
Page : 715 pages
File Size : 43,8 Mb
Release : 2021-08-12
Category : History
ISBN : 9781316512135
Introduces students, scholars, and practitioners to the theory and history of the rule of law.
Author : Wilfrid J. Waluchow
Publisher : Oxford University Press on Demand
Page : 290 pages
File Size : 41,5 Mb
Release : 1994
Category : Law
ISBN : 0198258127
This book develops a general theory of law, inclusive legal positivism, which seeks to remain within the tradition represented by authors such as Austin, Hart, MacCormick, and Raz, while sharing some of the virtues of both classical and modern theories of natural law, as represented by authors such as Aquinas, Fuller, Finnis, and Dworkin. Its central theoretical questions are: Does the existence or content of positive law ever depend on moral considerations? If so, is this fact consistent with legal positivism? The author shows how inclusive positivism allows one to answer yes to both of these questions. In addition to articulating and defending his own version of legal positivism, which is a refinement and development of the views of H.L.A. Hart as expressed in his classic book The Concept of Law, the author clarifies the terms of current jurisprudential debates about the nature of law. These debates are often clouded by failures to appreciate that different theorists are offering differing kinds of theories and attempting to answer different questions. There is also a failure, principally on the part of Ronald Dworkin, to characterize opposing theories correctly. The clarity of Waluchow's work will help to remove the confusion which has hitherto marred some jurisprudential debate, particularly about Dworkin's work.
Author : David Dyzenhaus
Publisher : Cambridge University Press
Page : 491 pages
File Size : 55,5 Mb
Release : 2022-01-27
Category : History
ISBN : 9781316518052
Explores how the central question of philosophy of law is the legal subject's: how can that be law for me?
Author : Michael N. Forster,Kristin Gjesdal
Publisher : Cambridge University Press
Page : 435 pages
File Size : 49,9 Mb
Release : 2019-01-03
Category : Philosophy
ISBN : 9781107187603
Explores the relevance of hermeneutics for modern human sciences, its history and development, and its key philosophical debates.
Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
Page : 366 pages
File Size : 55,8 Mb
Release : 2005
Category : Law
ISBN : 9781584775782
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 : Liam Murphy
Publisher : Cambridge University Press
Page : 221 pages
File Size : 49,8 Mb
Release : 2014-06-16
Category : Law
ISBN : 9780521834278
This advanced introduction to central questions in legal philosophy attempts to breathe new life into stalled research.
Author : Michael Robertson
Publisher : Cambridge University Press
Page : 367 pages
File Size : 46,6 Mb
Release : 2014-08-07
Category : Law
ISBN : 9781107074743
This book explores Fish's unconventional positions on politics and law, explaining how they flow from his positions on three philosophical issues.
Author : John Tasioulas
Publisher : Cambridge University Press
Page : 435 pages
File Size : 46,9 Mb
Release : 2020-07-02
Category : Law
ISBN : 9781107087965
An accessible, comprehensive, and high quality companion to legal philosophy written by a stellar cast of international contributors.