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Author: Manuel Atienza
Publisher: Springer Science & Business Media
ISBN: 9400708483
Category : Philosophy
Languages : en
Pages : 216
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Book Description
Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.
Author: Manuel Atienza
Publisher: Springer Science & Business Media
ISBN: 9400708483
Category : Philosophy
Languages : en
Pages : 216
Get Book Here
Book Description
Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.
Author: Humberto Avila
Publisher: Springer Science & Business Media
ISBN: 1402058799
Category : Law
Languages : en
Pages : 166
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Book Description
This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.
Author: Nigel Walker
Publisher: MICHIE
ISBN: 9780406252630
Category : Punishment
Languages : en
Pages : 510
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Book Description
Author: John Delaney
Publisher: John Delaney Publications
ISBN:
Category : Law
Languages : en
Pages : 206
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Book Description
Author: Andrew Ashworth
Publisher: Oxford Monographs on Criminal
ISBN: 0198262566
Category : Law
Languages : en
Pages : 314
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Book Description
The Oxford Monographs on Criminal Law and Justice series covers all aspects of criminal law and procedure including criminal evidence. The scope of the series is wide, encompassing both practical and theoretical works. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays consider several issues affecting the discipline including the underlying justifications for the imposition of punishment by the State, areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected, and includes various questions about the unequal impact on offenders of different sentencing measures. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection.
Author: Nigel Walker
Publisher: Oxford University Press
ISBN: 9780406063250
Category : Law
Languages : en
Pages : 406
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Book Description
Examining the contrast between penological theory, the state of the law, and what actually happens in court and after sentence, this edition covers recent developments, including the Criminal Justice Act 1991, the Criminal Justice Act 1993, and the Crimina
Author: N. MacCormick
Publisher: Springer Science & Business Media
ISBN: 9401577277
Category : Philosophy
Languages : en
Pages : 242
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Book Description
Author: Matthew C. Altman
Publisher: Routledge
ISBN: 1000379345
Category : Law
Languages : en
Pages : 211
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Book Description
This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.
Author: Georg Meggle
Publisher: Walter de Gruyter
ISBN: 3110802457
Category : Philosophy
Languages : en
Pages : 393
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Book Description
Author: Matthew Altman
Publisher: Routledge
ISBN: 9780367698164
Category : Criminal law
Languages : en
Pages : 0
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Book Description
This book argues for a mixed view of punishment that balances consequentialism and retributivism. It will be of interest to legal philosophers, social scientists, especially criminologists, sociologists, economists, and political scientists.
