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Author: Kenneth M. Ehrenberg
Publisher: Oxford University Press
ISBN: 019166846X
Category : Law
Languages : en
Pages : 241
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Book Description
What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities.
Author: Luka Burazin
Publisher: Oxford University Press
ISBN: 0192555146
Category : Law
Languages : en
Pages : 305
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Book Description
This volume assembles leading scholars to examine how their respective theoretical positions relate to the artifactual nature of law. It offers a complete analysis of what is ontologically entailed by the claim that law - including legal systems, legal norms, and legal institutions - is an artifact, and what consequences, if any, this claim has for philosophical accounts of law. Examining the artifactual nature of law draws attention to the role that intention, function, and action play in the ontological structure of law, and how these attributes interact with rules. It puts the role of author and authorship at the center of its analysis of legal ontology, and widens the scope that functional analysis can legitimately have in legal theory, emphasizing how the content of law depends on how it is used. Furthermore, the appeal to artifacts brings to the fore questions about the significance of concepts for the existence of law, and makes available new tools for legal interpretation. The notion of artifactuality offers a starting point from which to approach the basic dilemma of whether it is meaningful to search for essential, necessary, and sufficient features of law, a question that in current legal theory is put when deciding what kind of enterprise legal theory is from a methodological point of view, namely whether it is descriptive or prescriptive. This volume unearths insights and observations of value to all those looking to deepen their understanding of how the law is understood and experienced.
Author: Kenneth M. Ehrenberg
Publisher: Oxford University Press
ISBN: 019166846X
Category : Law
Languages : en
Pages : 241
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Book Description
What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities.
Author: Texas
Publisher:
ISBN:
Category : Natural resources
Languages : en
Pages : 588
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Book Description
Author: Jonathan Crowe
Publisher: Cambridge University Press
ISBN: 1108498302
Category : History
Languages : en
Pages : 275
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Book Description
Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.
Author: Kenneth Einar Himma
Publisher:
ISBN: 0198854935
Category : Law
Languages : en
Pages : 289
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Book Description
Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigor and originality. It sets the standard in contemporary jurisprudence. Book jacket.
Author: Dawn Moore
Publisher: UBC Press
ISBN: 0774813954
Category : Law
Languages : en
Pages : 209
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Book Description
Annotation Attitudes towards crime, criminals, and rehabilitation have shifted considerably, yet the idea that there is a causal link between drug adiction and crime prevails.
Author: Frederick Schauer
Publisher: Harvard University Press
ISBN: 0674368215
Category : Business & Economics
Languages : en
Pages : 256
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Book Description
Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law
Author: George Pavlakos
Publisher: Cambridge University Press
ISBN: 1107070724
Category : Law
Languages : en
Pages : 343
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Book Description
A collection of new essays on the interplay between intentions and practical reasons in law and practical agency.
Author: Wiebe E. Bijker
Publisher: MIT Press
ISBN: 9780262260435
Category : Science
Languages : en
Pages : 356
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Book Description
Building on the influential book The Social Construction of Technological Systems, this volume carries forward the project of creating a theory of technological development and implementation that is strongly grounded in both sociology and history. Technology is everywhere, yet a theory of technology and its social dimension remains to be fully developed. Building on the influential book The Social Construction of Technological Systems, this volume carries forward the project of creating a theory of technological development and implementation that is strongly grounded in both sociology and history. The 12 essays address the central question of how technologies become stabilized, how they attain a final form and use that is generally accepted. The essays are tied together by a general introduction, part introductions, and a theoretical conclusion. The first part of the book examines and criticizes the idea that technologies have common life cycles; three case studies cover the history of a successful but never produced British jet fighter, the manipulation of patents by a French R&D company to gain a market foothold, and the managed development of high-intensity fluorescent lighting to serve the interests of electricity suppliers as well as the producing company. The second part looks at broader interactions shaping technology and its social context: the question of who was to define "steel," the determination of what constitutes radioactive waste and its proper disposal, and the social construction of motion pictures as exemplified by Thomas Edison's successful development of the medium and its commercial failure. The last part offers theoretical studies suggesting alternative approaches to sociotechnologies; two studies argue for a strong sociotechnology in which artifact and social context are viewed as a single seamless web, while the third looks at the ways in which a social program is a technology.
Author: Adrian Vermeule
Publisher: Harvard University Press
ISBN: 0674974719
Category : Law
Languages : en
Pages : 267
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Book Description
Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.
