Author: Clarence Morris
Publisher: University of Pennsylvania Press
ISBN: 9780812210088
Category : Law
Languages : en
Pages : 588
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Book Description
"An attempt to give readers in one volume a speaking acquaintance with the great legal philosophers of the ages"--Preface
Author: Clarence Morris
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 571
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Book Description
Author: James Bernard Murphy
Publisher: Yale University Press
ISBN: 0300138016
Category : Law
Languages : en
Pages : 254
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Book Description
In this first book-length study of positive law, James Bernard Murphy rewrites central chapters in the history of jurisprudence by uncovering a fundamental continuity among four great legal philosophers: Plato, Thomas Aquinas, Thomas Hobbes, and John Austin. In their theories of positive law, Murphy argues, these thinkers represent successive chapters in a single fascinating story. That story revolves around a fundamental ambiguity: is law positive because it is deliberately imposed (as opposed to customary law) or because it lacks moral necessity (as opposed to natural law)? These two senses of positive law are not coextensive yet the discourse of positive law oscillates unstably between them. What, then, is the relation between being deliberately imposed and lacking moral necessity? Murphy demonstrates how the discourse of positive law incorporates both normative and descriptive dimensions of law, and he discusses the relation of positive law not only to jurisprudence but also to the philosophy of language, ethics, theories of social order, and biblical law.
Author: Huntington Cairns
Publisher: JHU Press
ISBN: 1421433443
Category : Philosophy
Languages : en
Pages : 564
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Book Description
Originally published in 1949. Huntington Cairns identifies the views that major Western philosophers took on law, the problems they considered significant about law, and the nature of the solutions they proposed. This book develops ideas discussed in Cairns' Law and the Social Sciences (1935) and Theory of Legal Science (1941). The object of these three volumes is the same: to construct the foundation of a theory of law that is the necessary antecedent to a possible jurisprudence. The inventory of philosophers that Cairns examines includes Plato, Aristotle, Cicero, Aquinas, Hobbes, Spinoza, and Hegel.
Author: Larry May
Publisher: John Wiley & Sons
ISBN: 1405183888
Category : Philosophy
Languages : en
Pages : 649
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Book Description
Philosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices. Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization Features concrete examples in the form of cases significant to the evolution of law Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory
Author: Ronald Dworkin
Publisher: Harvard University Press
ISBN: 0674728041
Category : Philosophy
Languages : en
Pages : 71
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Book Description
In his last book, Ronald Dworkin addresses questions that men and women have asked through the ages: What is religion and what is God’s place in it? What is death and what is immortality? Based on the 2011 Einstein Lectures, Religion without God is inspired by remarks Einstein made that if religion consists of awe toward mysteries which “manifest themselves in the highest wisdom and the most radiant beauty, and which our dull faculties can comprehend only in the most primitive forms,” then, he, Einstein, was a religious person. Dworkin joins Einstein’s sense of cosmic mystery and beauty to the claim that value is objective, independent of mind, and immanent in the world. He rejects the metaphysics of naturalism—that nothing is real except what can be studied by the natural sciences. Belief in God is one manifestation of this deeper worldview, but not the only one. The conviction that God underwrites value presupposes a prior commitment to the independent reality of that value—a commitment that is available to nonbelievers as well. So theists share a commitment with some atheists that is more fundamental than what divides them. Freedom of religion should flow not from a respect for belief in God but from the right to ethical independence. Dworkin hoped that this short book would contribute to rational conversation and the softening of religious fear and hatred. Religion without God is the work of a humanist who recognized both the possibilities and limitations of humanity.
Author: Stephen Law
Publisher: Quercus
ISBN: 1623655560
Category : Philosophy
Languages : en
Pages : 312
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Book Description
Since the beginning of time mankind has struggled with the big questions surrounding our existence. Whilst most people have heard of Socrates, Machiavelli and Nietzsche, many are less clear on their theories and key concepts. In The Great Philosophers, bestselling author Stephen Law condenses and deciphers their fundamental ideas. Avoiding the technical jargon and complex logic associated with most books on philosophy, Law brings the thoughts of these great thinkers, from Confucius and Buddha to Wittgenstein and Sartre, to life.
Author: Anthony J. Sebok
Publisher: Cambridge University Press
ISBN: 0521480418
Category : Law
Languages : en
Pages : 343
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Book Description
This work represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought.
Author: Guillaume Tusseau
Publisher:
ISBN: 9781138686069
Category : Criminal law
Languages : en
Pages : 0
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Book Description
This book features essays on Jeremy Bentham's major legal theoretical treatise, Of the Limits of the Penal Branch of Jurisprudence. Gathering together an impressive array of legal scholars from around the world the book offers a chance to reassess Bentham's theories of law as well as his impact on jurisprudence. This volume offers a thorough guide to reading Bentham's legal theory giving a detailed account of Bentham's major contributions to the most important contemporary debates in jurisprudence.
Author: David McIlroy
Publisher: Edward Elgar Publishing
ISBN: 1788114000
Category : Electronic books
Languages : en
Pages : 199
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Book Description
The End of Law applies Augustine’s questions to modern legal philosophy as well as offering a critical theory of natural law that draws on Augustine’s ideas. McIlroy argues that such a critical natural law theory is: realistic but not cynical about law’s relationship to justice and to violence, can diagnose ways in which law becomes deformed and pathological, and indicates that law is a necessary but insufficient instrument for the pursuit of justice. Positioning an examination of Augustine’s reflections on law in the context of his broader thought, McIlroy presents an alternative approach to natural law theory, drawing from critical theory, postmodern thought, and political theologies in conversation with Augustine.
