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Author: Keith Culver
Publisher: Oxford University Press
ISBN: 0199708061
Category : Law
Languages : en
Pages : 223
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Book Description
English-speaking jurisprudence of the last 100 years has devoted considerable attention to questions of identity and continuity. H.L.A. Hart, Joseph Raz, and many others have sought means to identify and distinguish legal from non-legal social situations, and to explain the enduring legality of those typically dynamic social situations. Focus on characterization of legality associated with the state, the most prominent legal phenomena available, has led to an analytical approach dominated by the idea of legal system and analysis of its constituent norms. Yet as far back as Hart's 1961 encounter with international law, the system-focussed approach to legality has experienced moments of self-doubt. From international law to the new legal order of the European Union, to shared governance and overlapping jurisdiction in transboundary areas, what at least appear to be instances of legality are at best weakly explained by approaches which presume the centrality of legal system as the mark and measure of social situations fully worthy of the title of legality. What next, as phenomena threaten to outstrip theory? Legality's Borders: An Essay in General Jurisprudence explains the rudiments of an inter-institutional theory of law, a theory which finds legality in the interaction between legal institutions, whose legality we characterise in terms of the kinds of norms they use rather than their content or system-membership. Prominent forms of legality such as the law-state and international law are then explained as particular forms of complex agglomeration of legal institutions, varying in form and complexity rather than sheer legality. This approach enables a fundamental shift in approach to the problems of identity and continuity of characteristically legal situations in social life: once legality is decoupled from legal system, the patterns of intense mutual reference amongst the legal institutions of the law-state can be seen as one justifiably prominent form of legality amongst others including overlapping forms of legality such as the European Union. Identity over time, on this view, is less a fixed set of characteristics than a history of intense mutual interaction of legal institutions, comparable against similar other agglomerations of legal institutions.
Author: Keith Culver
Publisher: Oxford University Press
ISBN: 0199708061
Category : Law
Languages : en
Pages : 223
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Book Description
English-speaking jurisprudence of the last 100 years has devoted considerable attention to questions of identity and continuity. H.L.A. Hart, Joseph Raz, and many others have sought means to identify and distinguish legal from non-legal social situations, and to explain the enduring legality of those typically dynamic social situations. Focus on characterization of legality associated with the state, the most prominent legal phenomena available, has led to an analytical approach dominated by the idea of legal system and analysis of its constituent norms. Yet as far back as Hart's 1961 encounter with international law, the system-focussed approach to legality has experienced moments of self-doubt. From international law to the new legal order of the European Union, to shared governance and overlapping jurisdiction in transboundary areas, what at least appear to be instances of legality are at best weakly explained by approaches which presume the centrality of legal system as the mark and measure of social situations fully worthy of the title of legality. What next, as phenomena threaten to outstrip theory? Legality's Borders: An Essay in General Jurisprudence explains the rudiments of an inter-institutional theory of law, a theory which finds legality in the interaction between legal institutions, whose legality we characterise in terms of the kinds of norms they use rather than their content or system-membership. Prominent forms of legality such as the law-state and international law are then explained as particular forms of complex agglomeration of legal institutions, varying in form and complexity rather than sheer legality. This approach enables a fundamental shift in approach to the problems of identity and continuity of characteristically legal situations in social life: once legality is decoupled from legal system, the patterns of intense mutual reference amongst the legal institutions of the law-state can be seen as one justifiably prominent form of legality amongst others including overlapping forms of legality such as the European Union. Identity over time, on this view, is less a fixed set of characteristics than a history of intense mutual interaction of legal institutions, comparable against similar other agglomerations of legal institutions.
Author: William Galbraith Miller
Publisher: Edinburgh : Green
ISBN:
Category : Jurisprudence
Languages : en
Pages : 504
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Book Description
Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 0191018724
Category : Law
Languages : en
Pages : 404
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Book Description
This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.
Author: Robert L. Hayman
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1028
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Book Description
This text presents cutting edge contemporary materials, as well as new chapters on Natural Law, Positivism, Gay Legal Rights and Critical Lawyering. The book offers comprehensive coverage of legal theory from traditional to current movements, including new materials on Legal Formalism, Legal Process, Latino Critical, and Queer Critical Theory. Also contains extensive readings and updated and amplified notes, questions, problems, and bibliographies.
Author: C. Farrelly
Publisher: Springer
ISBN: 1349600733
Category : Philosophy
Languages : en
Pages : 276
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Book Description
This book is the first authoritative text on virtue jurisprudence - the belief that the final end of law is not to maximize preference satisfaction or protect certain rights and privileges, but to promote human flourishing. Scholars of law, philosophy and politics illustrate here the value of the virtue ethics tradition to modern legal theory.
Author: Herbert Lionel Adolphus Hart
Publisher:
ISBN:
Category : History
Languages : en
Pages : 288
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Book Description
In his introduction Professor Hart offers both an exposition and a critical assesment of some central issues in jurisprudence and political theory. Essay themes include Bentham's identification of the forms of mistification protecting the law from criticism, his relation to Beccaria and his conversion to democratic radicalism.
Author: Brian Leiter
Publisher: Oxford University Press, USA
ISBN: 9780199206490
Category : Law
Languages : en
Pages : 0
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Book Description
Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revisedversions of ten of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect the Realist program to themethodology debate in contemporary jurisprudence; and explore the general implications of a naturalistic world view for problems about the objectivity of law and morality. Leiter has supplied a lengthy new introductory essay, as well as postscripts to several of the essays, in which he responds tochallenges to his interpretive and philosophical claims by academic lawyers and philosophers.This volume will be essential reading for anyone interested in jurisprudence, as well as for philosophers concerned with the consequences of naturalism in moral and legal philosophy.
Author: A. W. Brian Simpson
Publisher: Oxford University Press
ISBN: 0199693323
Category : Law
Languages : en
Pages : 233
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Book Description
HLA Hart developed 'The Concept of Law' while renowned historian AWB Simpson was studying and teaching at Oxford. Simpson wittily recreates the culture of Oxford philosophy in the '50s, providing a new perspective of one of the most famous works of philosophy of the 20th century and casting a satirical eye over the shortcomings of post-war Oxford.
Author: Ronald Dworkin
Publisher: Harvard University Press
ISBN: 0674071964
Category : Philosophy
Languages : en
Pages : 521
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Book Description
The fox knows many things, the Greeks said, but the hedgehog knows one big thing. In his most comprehensive work, Ronald Dworkin argues that value in all its forms is one big thing: that what truth is, life means, morality requires, and justice demands are different aspects of the same large question. He develops original theories on a great variety of issues very rarely considered in the same book: moral skepticism, literary, artistic, and historical interpretation, free will, ancient moral theory, being good and living well, liberty, equality, and law among many other topics. What we think about any one of these must stand up, eventually, to any argument we find compelling about the rest. Skepticism in all its forms—philosophical, cynical, or post-modern—threatens that unity. The Galilean revolution once made the theological world of value safe for science. But the new republic gradually became a new empire: the modern philosophers inflated the methods of physics into a totalitarian theory of everything. They invaded and occupied all the honorifics—reality, truth, fact, ground, meaning, knowledge, and being—and dictated the terms on which other bodies of thought might aspire to them, and skepticism has been the inevitable result. We need a new revolution. We must make the world of science safe for value.
Author: S. Gerencser
Publisher: Springer
ISBN: 0312299761
Category : Political Science
Languages : en
Pages : 215
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Book Description
The Skeptic's Oakeshott poses the thesis that Michael Oakeshott's political philosophy is best understood from the vantage point of his skepticism and his intellectual affinity to Hobbes, whose work he commented on extensively. Margaret Thatcher based much of her political philosophy on Oakeshott's theories, but Gerencser shows how she widely misinterpreted his work. He argues persuasively against those who understand Oakeshott in terms of the influence of British idealism. Instead, Gerencser argues that Oakeshott adopts and softens Hobbes' idea of consent as the basis of political authority. By insisting that political authority has its source in acknowledgement and recognition, Oakeshott's philosophy opens the doors to democratic politics. The book ends with persuasive criticisms of Oakeshott, especially for thinking that politics offers only two alternatives, either the legitimacy of authority is universally recognized or civil war and secession are the result. Gerencser argues for the necessity of conflict and the contestation of the legitimacy of authority. He uses examples from Oakeshott's own work to show that civil disobedience is not only integral to democratic politics, but is required by Oakeshott's own understanding of the political.
