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Author: David Lyons
Publisher: Cambridge University Press
ISBN: 9780521438353
Category : Law
Languages : en
Pages : 250
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Book Description
In this volume, Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice.
Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674042230
Category : Law
Languages : en
Pages : 338
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Book Description
Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.
Author: David Lyons
Publisher: Cambridge University Press
ISBN: 9780521438353
Category : Law
Languages : en
Pages : 250
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Book Description
In this volume, Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice.
Author:
Publisher: BRILL
ISBN: 9004457224
Category : Philosophy
Languages : en
Pages : 214
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Book Description
Author: Tom D. Campbell
Publisher: Routledge
ISBN: 1351886878
Category : Philosophy
Languages : en
Pages : 417
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Book Description
The Legal Theory of Ethical Positivism re-establishes some of the dogmas of classical legal positivism regarding the separation of legizlation and adjudication and the feasibility of institutionalizing the morally neutral application of rules as an ideal capable of significant realization. This is supplemented by an analysis of the formal similarities of the morally and legally adjudicative points of view which offers the prospects of attributing a degree of moral authority to positivistic rule application in particular cases. These theories are worked through in their application to specific problem areas, particularly freedom of communication.
Author: KennethEinar Himma
Publisher: Routledge
ISBN: 1351560794
Category : Law
Languages : en
Pages : 857
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Book Description
This volume collects many of the key essays exploring the possible relationships between the concepts of law and morality, a central concern of contemporary philosophizing about law. It is organized around five conceptual issues: classical natural law theory; legal positivism's separability thesis; Ronald Dworkin's constructive interpretivism; inclusive legal positivism's assertion that there can be legal systems with moral criteria of legality; and the relevance of morality and moral theorizing in theorizing about the concept of law and associated legal concepts. Each of the essays makes an important contribution toward addressing these issues.
Author: Julie Dickson
Publisher: Bloomsbury Publishing
ISBN: 1847313086
Category : Law
Languages : en
Pages : 161
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Book Description
If Raz and Dworkin disagree over how law should be characterised,how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover, what is it that makes an account of law successful? Evaluation and Legal Theory tackles methodological or meta-theoretical issues such as these, and does so via attempting to answer the question: to what extent, and in what sense, must a legal theorist make value judgements about his data in order to construct a successful theory of law? Dispelling the obfuscatory myth that legal positivism seeks a 'value-free' account of law, the author attempts to explain and defend Joseph Razs position that evaluation is essential to successful legal theory, whilst refuting John Finnis and Ronald Dworkins contentions that the legal theorist must morally evaluate and morally justify the law in order to properly explain its nature. The book does not claim to solve the many mysteries of meta-legal theory but does seek to contribute to and engender rigorous and focused debate on this topic.
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: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674013605
Category : Business & Economics
Languages : en
Pages : 474
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Book Description
The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.
Author: John Mikhail
Publisher: Cambridge University Press
ISBN: 0521855780
Category : Language Arts & Disciplines
Languages : en
Pages : 431
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Book Description
John Mikhail explores whether moral psychology is usefully modelled on aspects of Universal Grammar.
Author: Roger B. M. Cotterrell
Publisher:
ISBN: 9780804738231
Category : Law
Languages : en
Pages : 276
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Book Description
This book seeks to provide a fully comprehensive and systematic account of Durkheim’s legal theory. Indeed, because his writings on law and on the sociology of law are scattered throughout his work, this book is in fact the first attempt in English to provide a detailed analysis of the entirety of Durkheim’s legal thought. The author argues that for Durkheim legal questions and moral questions were ultimately inseparable—not so much because law and morality cannot be analytically disentangled (as some legal philosophers argue), as because morality is embodied in the conditions of social life, the rules for which are articulated by law. Thus, for Durkheim, the study of law was an absolutely essential and central part of the sociological enterprise. Law aspires to express the moral commitments of people living in many different kinds of relationships of community, reflecting the values of those whose life it regulates. Durkheim’s writings have a parallel aspiration: they use history, ethnography, and social theory to uncover the intricate and shifting moral foundations of law—foundations uncovered empirically by studying the social phenomena in which they reside, and by understanding the nature of those phenomena and the conditions of their being.
