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Author: Aleksander Peczenik
Publisher: Springer Science & Business Media
ISBN: 9400964811
Category : Philosophy
Languages : en
Pages : 698
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Book Description
Proceedings of the Conference on Legal Theory and Philosophy of Science, Lund, Sweden, December 11-14, 1983
Author: Aleksander Peczenik
Publisher: Springer Science & Business Media
ISBN: 9400964811
Category : Philosophy
Languages : en
Pages : 698
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Book Description
Proceedings of the Conference on Legal Theory and Philosophy of Science, Lund, Sweden, December 11-14, 1983
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: Humberto Avila
Publisher: Springer Science & Business Media
ISBN: 1402058799
Category : Law
Languages : en
Pages : 166
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Book Description
This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.
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: Huntington Cairns
Publisher: Fred B. Rothman
ISBN: 9780837720005
Category : Law
Languages : en
Pages : 0
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Book Description
Author: Sean Coyle
Publisher: Hart Publishing
ISBN: 1841135046
Category : Law
Languages : en
Pages : 185
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Book Description
In a series of new essays the authors attempt to answer important questions about the nature of jurisprudential thinking.
Author: Manuel Atienza
Publisher: Springer Science & Business Media
ISBN: 9400708483
Category : Philosophy
Languages : en
Pages : 216
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Book Description
Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.
Author: Roger Cotterrell
Publisher: Oxford University Press
ISBN: 9780198264903
Category : Law
Languages : en
Pages : 404
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Book Description
These essays seek to re-locate the relationship between the traditional concerns of legal theory and the sociology of law by establishing a consistent theoretical approach to the analysis of law in contemporary Western societies.
Author: Huntington Cairns
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 184
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Book Description
Author: Benjamin Nathan Cardozo
Publisher: Lawbook Exchange, Limited
ISBN: 9781584770978
Category : Law
Languages : en
Pages : 0
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Book Description
Here the influential Associate Justice of the Supreme Court Benjamin Cardozo [1870-1938] examines the nature of the relationship between justice and law.
