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Author: Jorge Luis Fabra-Zamora
Publisher: Springer Nature
ISBN: 3030788032
Category : Law
Languages : en
Pages : 315
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Book Description
This book brings together leading legal theorists to present original philosophical work on the concept of law - the central question of jurisprudence. It covers five broad topics: firstly it addresses debates concerning the methodology of jurisprudence. In Part II it focuses on the notion of a legal system and its coercive nature, while Part III explores the relationships between law and morality, the traditional point of contention between positivist and non-positivist theories of law. Part IV then examines questions regarding law’s normative character and relationships with practical reason. Lastly, the final part introduces two novel theoretical approaches to conceptual jurisprudence.
Author: Jorge Luis Fabra-Zamora
Publisher: Springer Nature
ISBN: 3030788032
Category : Law
Languages : en
Pages : 315
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Book Description
This book brings together leading legal theorists to present original philosophical work on the concept of law - the central question of jurisprudence. It covers five broad topics: firstly it addresses debates concerning the methodology of jurisprudence. In Part II it focuses on the notion of a legal system and its coercive nature, while Part III explores the relationships between law and morality, the traditional point of contention between positivist and non-positivist theories of law. Part IV then examines questions regarding law’s normative character and relationships with practical reason. Lastly, the final part introduces two novel theoretical approaches to conceptual jurisprudence.
Author: Kenneth Einar Himma
Publisher: Foundation Press
ISBN: 9781599414119
Category : Jurisprudence
Languages : en
Pages : 0
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Book Description
This is the most up-to-date comprehensive survey of the best work in analytic jurisprudence from Austin to the present, including contributions from the latest generation's brightest legal theorists. It begins with the earliest writings in natural law theory and positivism, tracing the history of the debate through the Hart-Fuller and Hart-Dworkin disputes to the current debates. The last third of the volume is devoted to the most influential papers on the hottest contemporary issues. The approach is analytic and hands-on. It seeks to motivate interest in foundational questions of law while simultaneously developing the skills the aspiring lawyer must have to succeed in the practice of law. To develop the student's ability to theorize on questions in analytic jurisprudence by providing a firm historical foundation before immersing her in the contemporary debates, where she will participate in the conversation. The book improves on existing text offerings in a number of respects. It provides the most comprehensive view of the field. The analytic approach is ascendant among researchers in law schools and philosophy departments worldwide who study the issues covered in this text. Accordingly, it is fair to say that this book provides, far and away, the most up-to-date and accurate snapshot of the work being done in conceptual issues regarding law so much so that it is suitable for use as a sourcebook for beginning research. Unlike the methodology of continental philosophy, the analytic methodology used in all the essays in this text employs the very same skills that a young lawyer is expected to have, and will deepen the law students' argumentative and verbal abilities.
Author: Michael S. Pardo
Publisher: Oxford University Press
ISBN: 0199812136
Category : Law
Languages : en
Pages : 269
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Book Description
This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.
Author: HLA Hart
Publisher: OUP Oxford
ISBN: 0191630071
Category : Law
Languages : en
Pages : 390
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Book Description
Fifty years on from its original publication, HLA Hart's The Concept of Law is widely recognized as the most important work of legal philosophy published in the twentieth century, and remains the starting point for most students coming to the subject for the first time. In this third edition, Leslie Green provides a new introduction that sets the book in the context of subsequent developments in social and political philosophy, clarifying misunderstandings of Hart's project and highlighting central tensions and problems in the work.
Author: Michael Giudice
Publisher: Edward Elgar Publishing
ISBN: 1784718815
Category : Law
Languages : en
Pages : 272
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Book Description
Understanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized? This novel book explains the importance of
Author: Herbert Lionel Adolphus Hart
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 263
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Book Description
Author: Scott Veitch
Publisher: Routledge
ISBN: 1136312528
Category : Law
Languages : en
Pages : 335
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Book Description
Jurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is presented in three parts each of which contains General Themes, Advanced Topics, tutorial questions and guidance on further reading: Law and Politics, locating the place of law within the study of institutions of government Legal Reasoning, examining the contested nature of the application of law Law in Modernity, exploring the social forces that shape legal development. This second edition includes enhanced discussion of the rise of legal positivism within the context of the rise of the modern state, the changing role of natural and human rights discourse, concepts of justice in and beyond the nation state, the impact of emergency doctrines in contemporary legal regulation, and challenges to the rule of law in light of shifting and competing demands for new types of social solidarity. Accessible, interdisciplinary, and socially informed this book has been revised to take into account the latest developments in jurisprudential scholarship.
Author: Jaap C. Hage
Publisher: Springer Science & Business Media
ISBN: 9048129826
Category : Philosophy
Languages : en
Pages : 140
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Book Description
During the last decades, legal theory has focused almost completely on norms, rules and arguments as the constitutive elements of law. Concepts were mostly neglected. The contributions to this volume try to remedy this neglect by elucidating the role concepts play in law from different perspectives. A main aim of this volume is to initiate a debate about concepts in law. Åke Frändberg gives an overview of the many different uses of concepts in law and shows amongst others that concepts in the law should not be confused with the role of concepts in descriptions of the law. Dietmar von der Pfordten criticizes the restriction to norms as parts of the law in contemporary legal theory by questioning what concepts are and what their function is, both in general and in legal conceptual schemes. Giovanni Sartor assumes the inferential analysis of meaning proposed by Alf Ross in his ground breaking paper Tû-tû and addresses the question how possession of a concept, including the rules defining it, is possible without endorsing these rules. Jaap Hage argues that 1. legal status words such as 'owner' have a meaning because they denote things or relations in institutional reality, 2. the meaning of these words consists in this denotation relation, 3. knowledge of this meaning presupposes knowledge of the rules governing these words. Torben Spaak contributes to this volume with an exemplary analysis of one of the most central concepts of the law, namely that of a legal power. Lorenz Kähler discusses the role of concepts in determining the scope of application of legal rules and raises from this perspective the question to what extent legal concept formation can be arbitrary. Ralf Poscher argues that as soon as a concept is used in stating the law, the precise scope of application of this concept has become a legal matter. This means that the use of ‘moral’ concepts in the law does not automatically lead to a moral import into the law. Dennis Patterson holds that Hart’s concept of law can be understood as a so-called ‘practice theory’ and provides an overview of such a theory.
Author: Robert L. Hayman
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1028
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Book Description
This text presents cutting edge contemporary materials, as well as new chapters on Natural Law, Positivism, Gay Legal Rights and Critical Lawyering. The book offers comprehensive coverage of legal theory from traditional to current movements, including new materials on Legal Formalism, Legal Process, Latino Critical, and Queer Critical Theory. Also contains extensive readings and updated and amplified notes, questions, problems, and bibliographies.
Author: Luís Duarte d'Almeida
Publisher: A&C Black
ISBN: 1782252169
Category : Law
Languages : en
Pages : 277
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Book Description
More than 50 years after it was first published, The Concept of Law remains the most important work of legal philosophy in the English-speaking world. In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book. Unique in format, the volume proceeds sequentially through all the main ideas in The Concept of Law: each contributor addresses a single chapter of Hart's book, critically discussing its arguments in light of subsequent developments in the field. Four concluding essays assess the continued relevance for jurisprudence of the 'persistent questions' identified by Hart at the beginning of The Concept of Law. The collection also includes Hart's 'Answers to Eight Questions', written in 1988 and never before published in English. Contributors include Timothy Endicott, Richard HS Tur, Pavlos Eleftheriadis, John Gardner, Grant Lamond, Nicos Stavropoulos, Leslie Green, John Tasioulas, Jeremy Waldron, John Finnis, Frederick Schauer, Pierluigi Chiassoni and Nicola Lacey.
