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Author: W.L. Robison
Publisher: Springer Science & Business Media
ISBN: 9789041118356
Category : Law
Languages : en
Pages : 300
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Book Description
The legal essays by Michael Bayles in this collection display his commitment to utilitarianism both as a moral theory and an analytical device. A utilitarian must choose between the best of all possible alternatives and so must lay out the alternatives and thus their consequences carefully and completely. As it happens, there is no better way of understanding why something is as it is in the law, and no better way to lay the foundations for criticism and improvement, than to lay out what the alternatives are, carefully distinguishing them, their justifications, and their implications for changing other areas of the law and for changing our relation to the law. Bayles was a master at such work, and each essay thus repays careful study for anyone concerned about the law. The essays cover a wide variety of topics, from contract law to the criminal law, from torts to theory, and form a natural set. Laying out the alternatives in one area makes it much clearer how and why alternatives in other areas are acceptable or required. Interconnections within the legal system as a whole not readily visible when studying one area of the law become obvious when several are laid out side-by-side using the analytical skill required by a good utilitarian.
Author: W.L. Robison
Publisher: Springer Science & Business Media
ISBN: 9789041118356
Category : Law
Languages : en
Pages : 300
Get Book Here
Book Description
The legal essays by Michael Bayles in this collection display his commitment to utilitarianism both as a moral theory and an analytical device. A utilitarian must choose between the best of all possible alternatives and so must lay out the alternatives and thus their consequences carefully and completely. As it happens, there is no better way of understanding why something is as it is in the law, and no better way to lay the foundations for criticism and improvement, than to lay out what the alternatives are, carefully distinguishing them, their justifications, and their implications for changing other areas of the law and for changing our relation to the law. Bayles was a master at such work, and each essay thus repays careful study for anyone concerned about the law. The essays cover a wide variety of topics, from contract law to the criminal law, from torts to theory, and form a natural set. Laying out the alternatives in one area makes it much clearer how and why alternatives in other areas are acceptable or required. Interconnections within the legal system as a whole not readily visible when studying one area of the law become obvious when several are laid out side-by-side using the analytical skill required by a good utilitarian.
Author: Ruth Zimmerling
Publisher: Springer Science & Business Media
ISBN: 1402029942
Category : Philosophy
Languages : en
Pages : 309
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Book Description
Some years ago, on request of the German Political Science Association (DVPW), an empirical investigation „On the state and the orientation of political science in the Federal Republic of Germany“ was conducted by Carl Böhret. Among other interesting 1 information, in the paper that was subsequently published the author presented the results of a survey among 254 political scientists in the Federal Republic on what they considered to be the sine qua non basic concepts of the discipline. In various respects, the data are remarkable. 2 On the one hand, the enormous diversity of the answers corroborates statistically what has long been known from experience, i. e. , the existence of an extremely wide variety of standpoints, perspectives, and approaches within the discipline. An interesting case in point is the concept of power. Somewhat surprisingly, ‘power’ was not the most frequently mentioned term. But, it did, of course, end up at the very top of the list, in third place behind ‘conflict’ and ‘interest’. What is noteworthy is that it gained this position by being named only 81 times, that is, by less than a third of the respondents. This is no insignificant detail. Certainly, to that minority of scholars whose conceptions of politics do include ‘power’ as an indispensable basic concept, the approaches of the vast majority of their colleagues for whom, as their answers in the survey reveal, ‘power’ does not play an eminent role must appear, in an 3 important sense, mistaken or perhaps even incomprehensible.
Author: G. Zanetti
Publisher: Springer Science & Business Media
ISBN: 9789041118813
Category : Family & Relationships
Languages : en
Pages : 168
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Book Description
The main subject of this book is the rather fascinating link between an acceptable concept of political whole and its legal and moral implications. When we face this problem, we find that widespread categories like `happiness' and "friendship" are at the same time necessary and dangerous, crucial and elusive. In order to make the case against the so-called Legal Enforcement of Morals, and to grasp the complex relationship between law and morality from a liberal point of view, it is not enough to reject a pattern of happiness, or of human flourishing, from which to draw normative instructions for men and women - it must be recognized that integration of individuals in the comprehensive groups, as well as in the political whole itself, is not the only valuable option. The fragile value of a relative lack of integration, a "right to unhappiness", turns out to be, eventually, what makes the weak, but decisive, moral primacy of liberal societies.
Author: Uta Bindreiter
Publisher: Springer Science & Business Media
ISBN: 9789041118677
Category : Philosophy
Languages : en
Pages : 268
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Book Description
Who presupposes Kelsen's basic norm? Is it possible to defend the presupposition in a way that is convincing? And what difference does the presupposition make? Endeavouring to highlight the role of basic assumptions in the law, the author argues that the verb "to presuppose', with Kelsen, has not only a conceptual but also a normative dimension; and that the expression 'presupposing the basic norm'is adequate in so far as it marks the descriptive-normative nature of utterances made in specifically legal speech-situations. Addressed to legal theorists in general, the treatise purports to show that Kelsen's doctrine lends itself to an interpretation according to which the very act of "presupposing" the Grundnorm can be understood as a Grund, i.e. normative source of all positive law; and, what is more, that this interpretation admits of addressing the issue of the (formal) legitimacy of supra-national and directly applicable rules and other norms.
Author: Ulf Linderfalk
Publisher: Springer Science & Business Media
ISBN: 1402063628
Category : Law
Languages : en
Pages : 429
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Book Description
This is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. As stated by the anonymous referee, it is the most theoretically advanced and analytically refined work yet accomplished on this topic. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.
Author: Peter Cane
Publisher: Bloomsbury Publishing
ISBN: 184731757X
Category : Law
Languages : en
Pages : 307
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Book Description
This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between HLA Hart and Lon L Fuller. These essays do not to re-run that debate and they are not confined to discussion of the jurisprudential issues canvassed by Hart and Fuller. Rather they pick up on strands in the debate and re-think them in the light of social, political and intellectual developments in the past 50 years and changed ways of understanding law and other normative systems. This collection looks forward rather than backward using the debate as a point of departure and inspiration.
Author: Michael Giudice
Publisher: Routledge
ISBN: 1351542621
Category : History
Languages : en
Pages : 559
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Book Description
The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart's 'Postscript' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists. This volume - the first in a three volume series - aims not only to fill that gap but also propose a systematic agenda for future work. The editors have selected articles written by leading legal theorists, including, among others, Leslie Green, Brian Leiter, Joseph Raz, Ronald Dworkin, and William Twining, and organized under four broad categories: 1) problems and purposes of legal theory; 2) the role of epistemology and semantics in theorising about the nature of law; 3) the relation between morality and legal theory; and 4) the scope of phenomena a general jurisprudence ought to address.
Author:
Publisher:
ISBN:
Category : Bibliography
Languages : en
Pages : 406
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Book Description
Author: Govert Hartogh
Publisher: Springer Science & Business Media
ISBN: 9789041117960
Category : Law
Languages : en
Pages : 308
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Book Description
The law persists because people have reasons to comply with its rules. What characterizes those reasons is their interdependence: each of us only has a reason to comply because he or she expects the others to comply for the same reasons. The rules may help us to solve coordination problems, but the interaction patterns regulated by them also include Prisoner's Dilemma games, Division problems and Assurance problems. In these "games" the rules can only persist if people can be expected to be moved by considerations of fidelity and fairness, not only of prudence. This book takes a fresh look at the perennial problems of legal philosophy - the source of obligation to obey the law, the nature of authority, the relationship between law and morality, and the nature of legal argument - from the perspective of this conventionalist understanding of social rules. It argues that, since the resilience of such rules depends on cooperative dispositions, conventionalism, properly understood, does not imply positivism.
Author: Robert P. George
Publisher: Clarendon Press
ISBN: 9780198267904
Category : Law
Languages : en
Pages : 356
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Book Description
This collection of essays from legal philosophers offers an assessment of the nature and viability of legal positivism. It addresses questions such as: to what extent is the law adequately described as autonomous?; and should legal theorists maintain a conceptual separation of law and morality?.
