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Author: Burazin, Luka
Publisher: Edward Elgar Publishing
ISBN: 180088592X
Category : Law
Languages : en
Pages : 245
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Book Description
This thought-provoking book develops and elaborates on the artifact theory of law, covering a wide range of related theoretical and practical topics. Featuring international contributions from both noted and up-and-coming scholars in law and philosophy, it offers a range of perspectives that flesh out the artifact theory of law, it also introduces criticisms of previous formulations of the theory and inquires into its potential payoffs.
Author: Burazin, Luka
Publisher: Edward Elgar Publishing
ISBN: 180088592X
Category : Law
Languages : en
Pages : 245
Get Book
Book Description
This thought-provoking book develops and elaborates on the artifact theory of law, covering a wide range of related theoretical and practical topics. Featuring international contributions from both noted and up-and-coming scholars in law and philosophy, it offers a range of perspectives that flesh out the artifact theory of law, it also introduces criticisms of previous formulations of the theory and inquires into its potential payoffs.
Author: Luka Burazin
Publisher: Oxford University Press
ISBN: 0192555154
Category : Law
Languages : en
Pages : 288
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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: BURZAIN ET AL.
Publisher:
ISBN: 9780191861147
Category : LAW
Languages : en
Pages :
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Book Description
This volume assembles leading scholars from the continental and analytic schools to examine how their respective theoretical positions treat the artifactual nature of law. It explores what the claim that legal systems, norms, and institutions are artifacts, ontologically entails, and the consequences this has for philosophical accounts of law.
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: Michael Giudice
Publisher: Edward Elgar Publishing
ISBN: 1784718815
Category : Law
Languages : en
Pages : 272
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Book Description
Understanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized? This novel book explains the importance of
Author: Mark McBride
Publisher: Bloomsbury Publishing
ISBN: 1509937676
Category : Law
Languages : en
Pages : 464
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Book Description
This is the first book to bring together distinguished jurisprudential theorists, as well as up-and-coming scholars, to critically assess the nature of legal reasoning. The volume is divided into 3 parts: The first part, General Jurisprudence and Legal Reasoning, addresses issues at the intersection of general jurisprudence - those pertaining to the nature of law itself - and legal reasoning. The second part, Rules and Reasons, addresses two concepts central to two prominent types of theory of legal reasoning. The essays in the third and final part, Doctrine and Practice, delve into the mechanics of legal practice and doctrine, from a legal reasoning perspective.
Author: Luka Burazin
Publisher: Oxford University Press
ISBN: 0192555146
Category : Law
Languages : en
Pages : 288
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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 : 210
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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: Holger Zaborowski
Publisher: CUA Press
ISBN: 0813217865
Category : Law
Languages : en
Pages : 369
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Book Description
The essays of this volume examine natural moral law, different natural law theories, and the role that natural law can and should play in our contemporary society
Author: Wil Waluchow
Publisher: Oxford University Press
ISBN: 0199675511
Category : Law
Languages : en
Pages : 386
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Book Description
This volume examines power-sharing agreements, their legitimacy and their compatibility with human rights law. Providing a clear, accessible introduction to the political science and human rights law on the issue, the book is an invaluable guide to all those engaged with transitional justice, peace agreements, and human rights.
