• Law

More Essays in Legal Philosophy

General Assessments of Legal Philosophies
Author: Robert S. Summers
Publisher: Univ of California Press
ISBN: 9780520019713
Category: Law
Page: 161
View: 6401

    • Law

Essays in Legal Philosophy


Author: Eugenio Bulygin
Publisher: Oxford University Press, USA
ISBN: 0198729367
Category: Law
Page: 378
View: 9629
Eugenio Bulygin is a distinguished representative of legal science and legal philosophy. His essays, several written together with his eminent colleague and close friend Carlos E. Alchourron, reflect the genre familiar from Alf Ross's On Law and Justice, Hans Kelsen's Pure Theory of Law, and Georg Henrik von Wright's Norm and Action. Bulygin's wide-ranging interests include most of the topics found under the rubric of analytical jurisprudence - interpretation and judicial reasoning, validity and efficacy of law, legal positivism and the problem of normativity, completeness and consistency of the legal system, the nature of legal norms, and the role of deontic logic in the law. The reader will take delight in the often agreeably unorthodox character of Bulygin's views and in his hard-hitting arguments in defence of them. He challenges the received opinion on gaps in the law, on legal efficacy, on permissory norms, and on the criteria for legal validity.

    • Law

Law and Interpretation

Essays in Legal Philosophy
Author: Andrei Marmor
Publisher: Oxford University Press on Demand
ISBN: 9780198264873
Category: Law
Page: 463
View: 6753
Interpretation has emerged in recent years as one of the most interesting and important elements of legal scholarship. This collection of new essays in law and interpretation provides an overview of this important topic, written by some of the most distinguished scholars in the field. The collection assesses the role of legislative intent in the interpretation of statutes, and in determining legal standards. This collection will appeal not only to lawyers and to legal theorists, but to all scholars of legal discourse.

    • Law

Essays in Jurisprudence and Philosophy


Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 0191018724
Category: Law
Page: 404
View: 2408
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.

    • Law

Essays in Legal Philosophy


Author: Robert S. Summers
Publisher: Univ of California Press
ISBN: 9780520032132
Category: Law
Page: 307
View: 8169

    • Law

Law and the Social Order

Essays in Legal Philosophy
Author: Morris Raphael Cohen
Publisher: Transaction Publishers
ISBN: 9781412827300
Category: Law
Page: 443
View: 9567
Containing the bulk of Morris Cohen's writings on the philosophy of law, this collection of essays features articles originally published in popular periodicals and law reviews during the early decades of this century. In his introduction to the Social and Moral Thought edition, Harry N. Rosenfield reviews Cohen's contributions to the philosophy of law and emphasizes Cohen's enormous influence, as a legal philosopher, on American law.

    • Law

Punishment and Responsibility

Essays in the Philosophy of Law
Author: H.L.A. Hart
Publisher: Oxford University Press
ISBN: 0199534772
Category: Law
Page: 277
View: 8324
This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

    • Law

Liability and Responsibility

Essays in Law and Morals
Author: Raymond Gillespie Frey,Christopher W. Morris
Publisher: Cambridge University Press
ISBN: 9780521392167
Category: Law
Page: 430
View: 4597
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.


    • Business & Economics

New Essays in the Legal and Political Theory of Property


Author: Stephen R. Munzer
Publisher: Cambridge University Press
ISBN: 9780521640015
Category: Business & Economics
Page: 211
View: 4751
This collection of essays examines central issues of property theory from a variety of perspectives.

    • Law

Freedom and Force

Essays on KantÂ’s Legal Philosophy
Author: Sari Kisilevsky,Martin J Stone
Publisher: Bloomsbury Publishing
ISBN: 1782253068
Category: Law
Page: 240
View: 4344
This collection of essays takes as its starting point Arthur Ripstein's Force and Freedom: Kant's Legal and Political Philosophy, a seminal work on Kant's thinking about law, which also treats many of the contemporary issues of legal and political philosophy. The essays offer readings and elucidations of Ripstein's thought, dispute some of his claims and extend some of his themes within broader philosophical contexts, thus developing the significance of Ripstein's ideas for contemporary legal and political philosophy. All of the essays are contributions to normative philosophy in a broadly Kantian spirit. Prominent themes include rights in the body, the relation between morality and law, the nature of coercion and its role in legal obligation, the role of indeterminacy in law, the nature and justification of political society and the theory of the state. This volume will be of interest to a wide audience, including legal scholars, Kant scholars, and philosophers with an interest in Kant or in legal and political philosophy.

    • Law

Naturalizing Jurisprudence

Essays on American Legal Realism and Naturalism in Legal Philosophy
Author: Brian Leiter
Publisher: Oxford University Press on Demand
ISBN: 9780199206490
Category: Law
Page: 287
View: 7907
Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revised versions of ten of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect the Realist program to the methodology debate in contemporary jurisprudence; and explore the general implications of a naturalistic world view for problems about the objectivity of law and morality. Leiter has supplied a lengthy new introductory essay, as well as postscripts to several of the essays, in which he responds to challenges to his interpretive and philosophical claims by academic lawyers and philosophers. This volume will be essential reading for anyone interested in jurisprudence, as well as for philosophers concerned with the consequences of naturalism in moral and legal philosophy.

    • Law

Critical Disability Theory

Essays in Philosophy, Politics, Policy, and Law
Author: Dianne Pothier,Richard Devlin
Publisher: UBC Press
ISBN: 0774812044
Category: Law
Page: 336
View: 8961
Despite the widespread belief that Canada is a country of liberty, equality, and inclusiveness, many persons with disabilities experience social exclusion and marginalization. In this book, twenty-four scholars from a variety of disciplines contend that achieving equality for the disabled is not fundamentally a question of medicine or health, nor is it an issue of sensitivity or compassion. Rather, it is a question of politics, and of power and powerlessness. This book argues that we need a new understanding of participatory citizenship that encompasses the disabled, new policies to respond to their needs, and a new vision of their entitlements.

    • History

Legal Right and Social Democracy

Essays in Legal and Political Philosophy
Author: Neil MacCormick
Publisher: Oxford University Press
ISBN: N.A
Category: History
Page: 272
View: 8233

    • Law

Morality, Authority, and Law

Essays in Second-Personal Ethics I
Author: Stephen Darwall
Publisher: Oxford University Press
ISBN: 0199662584
Category: Law
Page: 209
View: 5992
Stephen Darwall presents a series of essays that explore the Second-Person Standpoint (SPS)--an argument which advances an analysis of central moral concepts as irreducibly second personal in the sense of 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. Section I concerns morality: for example,its distinctiveness among normative concepts, the relation between 'bipolar' obligations (owed to someone) and moral obligation period, and whether morality requires general principles. Section II focuses on autonomy, its relation to the will, and the sense in which we can give ourselves reasons for acting.And Section III concerns the nature of authority and the law. It argues that only a second-personal framework is able to explain these and the differences between criminal and civil law.

    • Philosophy

Essays in Legal and Moral Philosophy


Author: H. Kelsen
Publisher: Springer Science & Business Media
ISBN: 940102653X
Category: Philosophy
Page: 328
View: 9425
In his choice of texts, the Editor has been faced with the difficult task of selecting, from among the author's more than 600 publications, those of the greatest philosophical interest. It is chiefly the topics of value-rela tivism and the logic of norms that have been kept in view. The selection has also been guided by the endeavour to reprint, so far as possible, texts which have not hitherto appeared in English. At times, however, this aim has had to be discarded, in order to include works of key im portance and also the latest expressions of Kelsen's view. In addition to the two topics already mentioned, the Editor has con sidered Kelsen's discussions of the causal principle to be so far worthy of philosophical attention, that some writings on causality and account ability have been included in this collection of philosophical studies. OTA WEINBERGER Hans Kelsen died on April 19th, 1973. Only his work now lives, for the inspiration of future generations of jurists and philosophers. Graz, 25th April, 1973 OT A WEINBERGER TRANSLATOR'S NOTE I am obliged to the Editor for his careful scrutiny of the translation, which has led to a number of corrections and improvements in the text.

    • Philosophy

Truth, Error, and Criminal Law

An Essay in Legal Epistemology
Author: Larry Laudan
Publisher: Cambridge University Press
ISBN: 113945708X
Category: Philosophy
Page: N.A
View: 3928
Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.

    • Law

Analyzing Law

New Essays in Legal Theory
Author: Brian Bix
Publisher: Oxford University Press
ISBN: 0198265832
Category: Law
Page: 327
View: 4676
The articles in this collection cover a wide range of approaches to law and legal theory, including Analytical Jurisprudence, Legal Realism, Law and Economics, Critical Legal Studies, Feminism, and Critical Race Theory. The essays consider foundational questions regarding the objectivity of law, the nature of rules, the relationship of law and morality and the philosophical foundations of the common law, and offer critical inquiries into whether law systematically fails women and racial minorities. The contributors, who include some of the best-known names in legal theory from the United States, Britain, Canada, and Israel, are responsible for some of the most important and challenging work in legal theory today. A central focus of the essays in this work is the contribution of the well-known philosopher Jules Coleman to the various topics which are covered by the contributors.

    • Guilt

On Guilt and Innocence

Essays in Legal Philosophy and Moral Psychology
Author: Herbert Morris
Publisher: Univ of California Press
ISBN: 9780520023499
Category: Guilt
Page: 161
View: 9593