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Author: Meir Dan-Cohen
Publisher: Oxford University Press
ISBN: 0199985200
Category : Law
Languages : en
Pages : 273
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Book Description
Combining constructivist and hermeneutical themes, this book explores normative aspects of human self creation seen as a matter of fixing and elaborating the values and norms that shape human identity, individually and collectively. The book focuses especially on a conception of dignity as the value that accrues to us qua authors of the meanings constitutive of human life.
Author: Meir Dan-Cohen
Publisher: Oxford University Press
ISBN: 0199985200
Category : Law
Languages : en
Pages : 273
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Book Description
Combining constructivist and hermeneutical themes, this book explores normative aspects of human self creation seen as a matter of fixing and elaborating the values and norms that shape human identity, individually and collectively. The book focuses especially on a conception of dignity as the value that accrues to us qua authors of the meanings constitutive of human life.
Author: Robin West
Publisher: Cambridge University Press
ISBN: 1139504126
Category : Political Science
Languages : en
Pages : 221
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Book Description
Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.
Author: Anthony A. D'Amato
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024729197
Category : Law
Languages : en
Pages : 356
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Book Description
Jurisprudence For a Free Society is a remarkable contribution to legal theory. In its comprehensiveness & systematic elaboration, it stands among the major theories. It is also the most important jurisprudential statement to emerge in the post-war period. The pioneering work of Lasswell & McDougal on law & policy is already legendary. Most of the work produced by these scholars together & in collaboration with their students represent applications of their basic theory to a wide assortment of international & national legal & policy problems. Now, for the first time, the authoritative statement of their legal philosophy appears as a single volume. In Part I the authors develop their fundamental criteria for a theory about law, including the requirements of clarifying observational standpoint, focus of inquiry & the pertinent intellectual tasks incumbent on the scholar & decisionmaker for determining & achieving common interests. Trends in theories about law, including Natural Law, the Historical School, Positivism, the Sociological Study of Law, American Legal Realism & other contemporary theories, are explored for what they might contribute to the achievement to the authors' conception of an adequate jurisprudence. In Part II, the social process as a whole & the particular value-institutional processes that comprise it are described & analyzed. Because people establish, maintain & change institutions, the dynamics of personality & personality's relation to law is delineated. Part III explores the intellectual tasks of policy thinking, from clarification of values, through description of trend, the scientific examination of conditions, projection of future developments & the invention of alternatives. Part IV examines the structure of decision in a free society, a society in which the achievement of human dignity is confirmed in both word & deed. Six appendices bring together monographs by the authors over a period of forty years which deal, in more detail, with particular matters treated in the body of the book.
Author: Miodrag A. Jovanović
Publisher: Cambridge University Press
ISBN: 1108473334
Category : Law
Languages : en
Pages : 287
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Book Description
The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.
Author: Kenneth Einar Himma
Publisher:
ISBN: 0198854935
Category : Law
Languages : en
Pages : 289
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Book Description
Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigor and originality. It sets the standard in contemporary jurisprudence. Book jacket.
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.
Author: Rainer Forst
Publisher: Columbia University Press
ISBN: 0231147082
Category : Law
Languages : en
Pages : 370
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Book Description
Contemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification. Forst begins by identifying this right from the perspective of moral philosophy. Then, through an innovative, detailed critical analysis, he ties together the central components of social and political justice--freedom, democracy, equality, and toleration--and joins them to the right to justification. The resulting theory treats "justificatory power" as the central question of justice, and by adopting this approach, Forst argues, we can discursively work out, or "construct," principles of justice, especially with respect to transnational justice and human rights issues. As he builds his theory, Forst engages with the work of Anglo-American philosophers such as John Rawls, Ronald Dworkin, and Amartya Sen, and critical theorists such as Jürgen Habermas, Nancy Fraser, and Axel Honneth. Straddling multiple subjects, from politics and law to social protest and philosophical conceptions of practical reason, Forst brilliantly gathers contesting claims around a single, elastic theory of justice.
Author: Jerzy Stelmach
Publisher:
ISBN: 9788362259168
Category : Law
Languages : en
Pages : 0
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Book Description
The problem of legal normativity is one the most controversial issues in the philosophy of law. It was already a subject of heated debate in the 19th century and, over the last 100 years, the study of normativity has taken many shapes and forms, from Kelsen's dualism, through the reductionism proposed by legal realists, to some nihilistic stances. In recent years, there has been a renewed interest in the problems surrounding the concept of law's normativity, and this collection is seen as a contribution to that debate. The book will be of interest to lawyers and philosophers, both at the graduate and professional levels.
Author: Hans Kelsen
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775785
Category : Law
Languages : en
Pages : 366
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Book Description
Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.
Author: Bart Streumer
Publisher: Oxford University Press
ISBN: 0191088951
Category : Philosophy
Languages : en
Pages : 262
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Book Description
In Unbelievable Errors, Bart Streumer defends an error theory about all normative judgements: not just moral judgements, but also judgements about reasons for action, judgements about reasons for belief, and instrumental normative judgements. This theory says that these judgements are beliefs that ascribe normative properties, but that these properties do not exist. It therefore entails that all normative judgements are false. Streumer also argues, however, that we cannot believe this error theory. This may seem to be a problem for the theory, but he argues that it is not. Instead, he argues, our inability to believe this error theory makes the theory more likely to be true, since it undermines objections to the theory, it makes it harder to reject the arguments for the theory, and it undermines revisionary alternatives to the theory. Streumer then sketches how certain other philosophical views can be defended in a similar way, and how philosophers should modify their method if there can be true theories that we cannot believe. He concludes that to make philosophical progress, we should sharply distinguish the truth of a theory from our ability to believe it
