Essays in Jurisprudence and Ethics
Author : Frederick Pollock
Publisher :
Page : 414 pages
File Size : 24,6 MB
Release : 1882
Category : Ethics
ISBN :
Author : Frederick Pollock
Publisher :
Page : 414 pages
File Size : 24,6 MB
Release : 1882
Category : Ethics
ISBN :
Author : Frederick Pollock
Publisher :
Page : 410 pages
File Size : 49,73 MB
Release : 1882
Category : Ethics
ISBN :
Author : H. L. A. Hart
Publisher : OUP Oxford
Page : 404 pages
File Size : 13,94 MB
Release : 1983-11-24
Category : Law
ISBN : 0191018724
This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.
Author : Stephen Darwall
Publisher : Oxford University Press, USA
Page : 228 pages
File Size : 15,27 MB
Release : 2013-03-21
Category : Law
ISBN : 0199662584
Stephen Darwall presents a series of essays that explore the view that morality is second-personal, entailing mutual accountability and the authority to address demands. He illustrates the power of the second-personal framework to illuminate a wide variety of issues in moral, political, and legal philosophy.
Author : Herbert Lionel Adolphus Hart
Publisher :
Page : 288 pages
File Size : 38,66 MB
Release : 1982
Category : History
ISBN :
In his introduction Professor Hart offers both an exposition and a critical assesment of some central issues in jurisprudence and political theory. Essay themes include Bentham's identification of the forms of mistification protecting the law from criticism, his relation to Beccaria and his conversion to democratic radicalism.
Author : Keith Culver
Publisher : Oxford University Press
Page : 223 pages
File Size : 50,82 MB
Release : 2010-03-23
Category : Law
ISBN : 0199708061
English-speaking jurisprudence of the last 100 years has devoted considerable attention to questions of identity and continuity. H.L.A. Hart, Joseph Raz, and many others have sought means to identify and distinguish legal from non-legal social situations, and to explain the enduring legality of those typically dynamic social situations. Focus on characterization of legality associated with the state, the most prominent legal phenomena available, has led to an analytical approach dominated by the idea of legal system and analysis of its constituent norms. Yet as far back as Hart's 1961 encounter with international law, the system-focussed approach to legality has experienced moments of self-doubt. From international law to the new legal order of the European Union, to shared governance and overlapping jurisdiction in transboundary areas, what at least appear to be instances of legality are at best weakly explained by approaches which presume the centrality of legal system as the mark and measure of social situations fully worthy of the title of legality. What next, as phenomena threaten to outstrip theory? Legality's Borders: An Essay in General Jurisprudence explains the rudiments of an inter-institutional theory of law, a theory which finds legality in the interaction between legal institutions, whose legality we characterise in terms of the kinds of norms they use rather than their content or system-membership. Prominent forms of legality such as the law-state and international law are then explained as particular forms of complex agglomeration of legal institutions, varying in form and complexity rather than sheer legality. This approach enables a fundamental shift in approach to the problems of identity and continuity of characteristically legal situations in social life: once legality is decoupled from legal system, the patterns of intense mutual reference amongst the legal institutions of the law-state can be seen as one justifiably prominent form of legality amongst others including overlapping forms of legality such as the European Union. Identity over time, on this view, is less a fixed set of characteristics than a history of intense mutual interaction of legal institutions, comparable against similar other agglomerations of legal institutions.
Author : Tom Angier
Publisher : Cambridge University Press
Page : 118 pages
File Size : 36,37 MB
Release : 2021-09-16
Category : Philosophy
ISBN : 1108586392
In Section 1, I outline the history of natural law theory, covering Plato, Aristotle, the Stoics and Aquinas. In Section 2, I explore two alternative traditions of natural law, and explain why these constitute rivals to the Aristotelian tradition. In Section 3, I go on to elaborate a via negativa along which natural law norms can be discovered. On this basis, I unpack what I call three 'experiments in being', each of which illustrates the cogency of this method. In Section 4, I investigate and rebut two seminal challenges to natural law methodology, namely, the fact/value distinction in metaethics and Darwinian evolutionary biology. In Section 5, I then outline and criticise the 'new' natural law theory, which is an attempt to revise natural law thought in light of the two challenges above. I conclude, in Section 6, with a summary and some reflections on the prospects for natural law theory.
Author : Robert P. George
Publisher : Oxford University Press on Demand
Page : 311 pages
File Size : 24,39 MB
Release : 2001
Category : Law
ISBN : 9780199243006
A number of leading defenders of natural law and liberalism offer frank and lively exchanges touching upon critical issues surrounding contemporary moral and political theory.
Author : Sir Frederick Pollock
Publisher :
Page : 0 pages
File Size : 25,20 MB
Release : 1832
Category :
ISBN :
Author : R. G. Frey
Publisher : Cambridge University Press
Page : 450 pages
File Size : 49,68 MB
Release : 1991-03-29
Category : Law
ISBN : 9780521392167
This collection not only presents some of the most challenging work in legal philosophy, but it also demonstrates the interdisciplinary character of the field of philosophy of law, with contributors taking into account developments in economics, political science and rational choice theory.