Legal Positivism

Legal Positivism PDF Author: Samuel I. Shuman
Publisher: Detroit : Wayne University Press
ISBN:
Category : Law
Languages : en
Pages : 280

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Philosophy of Law

Philosophy of Law PDF Author: Raymond Wacks
Publisher: Oxford University Press
ISBN: 0199687005
Category : Law
Languages : en
Pages : 169

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Book Description
Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy.

ABA Journal

ABA Journal PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 94

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Book Description
The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.

The Cambridge Companion to Legal Positivism

The Cambridge Companion to Legal Positivism PDF Author: Torben Spaak
Publisher: Cambridge University Press
ISBN: 1108427677
Category : Law
Languages : en
Pages : 807

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Book Description
The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.

A Sociological Theory of Law

A Sociological Theory of Law PDF Author: Niklas Luhmann
Publisher: Routledge
ISBN: 1135142637
Category : Law
Languages : en
Pages : 480

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Book Description
Niklas Luhmann is recognised as a major social theorist, and his treatise on the sociology of law is a classic text. For Luhmann, law provides the framework of the state, lawyers are the main human resource for the state, and legal theory provides the most suitable base from which to theorize on the nature of society. He explores the concept of law in the light of a general theory of social systems, showing the important part law plays in resolving fundamental problems a society may face. He then goes on to discuss in detail how modern 'positive' – as opposed to ‘natural’ – law comes to fulfil this function. The work as a whole is not only a contribution to legal sociology, but a major work in social theory. With a revised translation, and a new introduction by Martin Albrow.

Legality

Legality PDF Author: Scott J. Shapiro
Publisher: Harvard University Press
ISBN: 067426729X
Category : Science
Languages : en
Pages : 483

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Book Description
What is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H. L. A. Hart. Yet many others find it perplexing. How could we possibly know how to answer such an abstract question? And what would be the point of doing so? In Legality, Scott Shapiro argues that the question is not only meaningful but vitally important. In fact, many of the most pressing puzzles that lawyers confront—including who has legal authority over us and how we should interpret constitutions, statutes, and cases—will remain elusive until this grand philosophical question is resolved. Shapiro draws on recent work in the philosophy of action to develop an original and compelling answer to this age-old question. Breaking with a long tradition in jurisprudence, he argues that the law cannot be understood simply in terms of rules. Legal systems are best understood as highly complex and sophisticated tools for creating and applying plans. Shifting the focus of jurisprudence in this way—from rules to plans—not only resolves many of the most vexing puzzles about the nature of law but has profound implications for legal practice as well. Written in clear, jargon-free language, and presupposing no legal or philosophical background, Legality is both a groundbreaking new theory of law and an excellent introduction to and defense of classical jurisprudence.

Rights and Private Law

Rights and Private Law PDF Author: Donal Nolan
Publisher: Bloomsbury Publishing
ISBN: 1847317898
Category : Law
Languages : en
Pages : 582

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Book Description
In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.

Moral Perspectives

Moral Perspectives PDF Author: Kim Chong Chong
Publisher: NUS Press
ISBN: 9789971691622
Category : Ethics
Languages : en
Pages : 164

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Book Description
While interdisciplinary work on morality has largely been confined to a dialogue between psychologists and philosophers on the one hand, and economists and philosophers on the other, this volume brings together papers from a wider field than is usual in looking at the nature of morality. Three of these are about moral education, three others discuss the relation between morality on the one hand, and law, economics and psychiatry on the other; two more are concerned with relativism and the role of the personal in morality. Those with an academic interest in the subject of morality, as well as lawyers, psychologists, educationalists and other general readers should find the contents of this book interesting and thought-provoking.

Philosophy of Law

Philosophy of Law PDF Author: John Finnis
Publisher: Oxford University Press
ISBN: 0199580081
Category : Law
Languages : en
Pages : 522

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Book Description
This volume of John Finnis's collected essays shows the full range and power of his contributions to the philosophy of law. The volume collects over 20 papers on the foundations of law's authority; major theories and theorists of law; legal reasoning ; revolutions, rights and law; and much more.

The Morality of Law

The Morality of Law PDF Author: Lon Luvois Fuller
Publisher:
ISBN: 9788175341630
Category : Law and ethics
Languages : en
Pages : 0

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Book Description