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Author: Maciej Chmieliński
Publisher: Routledge
ISBN: 0429997698
Category : Law
Languages : en
Pages : 469
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Book Description
Democratic legal systems have recently been subject to rapid and multi-directional processes of change. There are numerous sociological, technological, ideological, or purely political processes which result in law’s amendment and transformation. This book argues that this legal change is best understood from a political philosophy perspective. This can be used as an interpretative device to understand the ongoing processes of change as well as their outcomes such as new laws, judicial interpretations, or constitutional amendments. The work has three main objectives: to provide deeper understanding of the problems of legal change within the diversity of Western political and legal thought; to examine the development of the processes of change in terms of their normative and prudential acceptability; to interpret actual processes of change with a view to the general theoretical and normative background. The book is divided into three parts: Part I sets the scene and is focused on the general issues important for understanding and evaluating legal change from the perspective of political philosophy; Part II focuses on the spectrum of politico-philosophical justifications present in the political culture of democratic states; Part III offers selected case studies to specify and apply the philosophical ideas in the previous parts. The book will be a valuable resource for students and scholars of law and jurisprudence, including comparative legal studies and human rights law, political theory, and philosophy.
Author: Maciej Chmieliński
Publisher: Routledge
ISBN: 0429997698
Category : Law
Languages : en
Pages : 469
Get Book
Book Description
Democratic legal systems have recently been subject to rapid and multi-directional processes of change. There are numerous sociological, technological, ideological, or purely political processes which result in law’s amendment and transformation. This book argues that this legal change is best understood from a political philosophy perspective. This can be used as an interpretative device to understand the ongoing processes of change as well as their outcomes such as new laws, judicial interpretations, or constitutional amendments. The work has three main objectives: to provide deeper understanding of the problems of legal change within the diversity of Western political and legal thought; to examine the development of the processes of change in terms of their normative and prudential acceptability; to interpret actual processes of change with a view to the general theoretical and normative background. The book is divided into three parts: Part I sets the scene and is focused on the general issues important for understanding and evaluating legal change from the perspective of political philosophy; Part II focuses on the spectrum of politico-philosophical justifications present in the political culture of democratic states; Part III offers selected case studies to specify and apply the philosophical ideas in the previous parts. The book will be a valuable resource for students and scholars of law and jurisprudence, including comparative legal studies and human rights law, political theory, and philosophy.
Author: Raymond Wacks
Publisher: OUP Oxford
ISBN: 0191510645
Category : Law
Languages : en
Pages : 152
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Book Description
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Author: V.P. Salnikov
Publisher: Cambridge Scholars Publishing
ISBN: 152751787X
Category : Law
Languages : en
Pages : 280
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Book Description
The book explores a variety of problems connected to philosophy and philosophy of law. It discusses the problem of monism-pluralism in philosophy and philosophy of law, criticizes philosophy of post-positivism and postmodernism, and investigates dialectics as a universal global methodological basis of scientific cognition and philosophy of law. The volume also pays particular attention to contemporary legal education, offering potential solutions to problems in this field. The book is the result of a range of sociological studies conducted both in Russia and abroad concerning the legal process and legal consciousness.
Author: Herbert Lionel Adolphus Hart
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 263
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Book Description
Author: Mark Tebbit
Publisher: Psychology Press
ISBN: 0415334403
Category : Law
Languages : en
Pages : 258
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Book Description
"Simultaneously published in the USA and Canada."
Author: Chad Flanders
Publisher: Rowman & Littlefield
ISBN: 1783484152
Category : Philosophy
Languages : en
Pages : 284
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Book Description
There is no more vivid example of a state’s power over its citizens than the criminal law. By criminalizing various behaviours, the state sets boundaries on what we can and cannot do. And the criminal law is in many ways unique in the harshness of its sanctions. But traditional criminal law theory has for too long focussed on the questions, “what is a crime?” and “what is the justification of punishment?” The significance of the criminal law extends beyond these questions; indeed, critical philosophical questions underlie all aspects of the criminal justice system. The criminal law engages us not just as offenders or potential offenders, but also as victims, suspects, judges and jurors, prosecutors and defenders—and as citizens. The authors in this volume go beyond traditional questions to challenge our conventional understandings of the criminal law. In doing so, they draw from a number of disciplines including philosophy, history, and social science.
Author: John Arthur
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 646
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Book Description
Designed for a first course in philosophy of law, jurisprudence or legal theory, this revised text contains classical and contemporary readings on a range of key issues in legal theory. Topics range from the nature of law and legal reasoning to specific problems such as entrapment, search and seizure, exclusionary rules, plea bargaining, pre-trial publicity, lawyer's ethics, and the adversary system. Introductions are provided for each topic, and often the first essay provides students with an overvie of the problems that follow.
Author: Huntington Cairns
Publisher: JHU Press
ISBN: 1421433443
Category : Philosophy
Languages : en
Pages : 552
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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: Plato
Publisher: DigiCat
ISBN:
Category : Political Science
Languages : en
Pages : 573
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Book Description
The Laws is Plato's last, longest, and perhaps, most famous work. It presents a conversation on political philosophy between three elderly men: an unnamed Athenian, a Spartan named Megillus, and a Cretan named Clinias. They worked to create a constitution for Magnesia, a new Cretan colony that would make all of its citizens happy and virtuous. In this work, Plato combines political philosophy with applied legislation, going into great detail concerning what laws and procedures should be in the state. For example, they consider whether drunkenness should be allowed in the city, how citizens should hunt, and how to punish suicide. The principles of this book have entered the legislation of many modern countries and provoke a great interest of philosophers even in the 21st century.
Author: Mortimer N. S. Sellers
Publisher:
ISBN: 9789400767300
Category : Law
Languages : en
Pages :
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Book Description
"Updated content will continue to be published as 'Living Reference Works'"--Publisher.
