• Language Arts & Disciplines

Oxford essays in jurisprudence, second series

Author: Alfred William Brian Simpson
Publisher: Oxford University Press, USA
Category: Language Arts & Disciplines
Page: 306
View: 2883
These essays deal with central and controversial issues in jurisprudence. This volume emphasizes legal theory, and the collection will be of interest to students of and others involved with political philosophy as well as law students and philosophers.

    • Law

Essays in Jurisprudence and Philosophy

Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 0191018724
Category: Law
Page: 404
View: 8193
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

Punishment and Responsibility

Essays in the Philosophy of Law
Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 0191021776
Category: Law
Page: 336
View: 7650
This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.

    • Law

Oxford Essays in Jurisprudence

Fourth series
Author: Jeremy Horder
Publisher: Oxford University Press
ISBN: 0198268580
Category: Law
Page: 270
View: 604
The fourth collection of essays in this long-established series brings together some of the leading contributors to Oxford's course on the Philosophical Foundations of Common Law for the Bachelor of Civil Law. Key issues in contract, tort, and criminal law are subjected to philosophical scrutiny, as well as concerns, such as the significance of personhood (both natural and corporate) in law and legal theory. The aim of the book, like the aim of the course, is to make a major contributionto thinking about the common law, which can provide an exciting new basis for advanced teaching and further research.

    • Mathematics


Cambridge Essays
Author: Hyman Gross,Ross Harrison
Publisher: Oxford University Press
ISBN: 0198252897
Category: Mathematics
Page: 285
View: 563
This volume of essays by Cambridge academics represents an unorthodox view of jurisprudence. It combines interests in law, philosophy, criminology, intellectual history, and political theory to illuminate some of the law's most perplexing features from perspectives not immediately familiar to lawyers.

    • Jurisprudence

Understanding Jurisprudence

An Introduction to Legal Theory
Author: Raymond Wacks
Publisher: Oxford University Press
ISBN: 0198806019
Category: Jurisprudence
Page: 407
View: 5292
Written with students in mind, Professor Raymond Wacks brings legal theory to life through his lucid and entertaining style. The author has crafted a manageable guide, balancing concise introductions to the key theorists and core issues such as punishment and rights without ignoring thesubtleties of the subject. Seminal quotes from leading scholars are included to help students recognise the impact of their work, while extensive further reading suggestions at the end of each chapter invite students to explore the broad range of literature available on central topics. Each chapter concludes with a series ofcritical questions designed to encourage reader to think analytically about the law and the key debates which surround it. This book is accompanied by online resources which includes multiple-choice questions with instant feedback to give students the chance to test their understanding.

    • Law

Essays in Legal Philosophy

Author: Eugenio Bulygin
Publisher: OUP Oxford
ISBN: 0191045632
Category: Law
Page: 384
View: 8028
Eugenio Bulygin is a distinguished representative of legal science and legal philosophy as they are known on the European continent - no accident, given the role of the civil law tradition in his home country, Argentina. Over the past half-century, Bulygin has engaged virtually all major legal philosophers in the English-speaking countries, including H.L.A. Hart, Ronald Dworkin, and Joseph Raz. Bulygin's essays, several written together with his eminent colleague and close friend Carlos E. Alchourrón, 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. Bulygin's essays have been wellnigh inaccessible in the past, appearing in specialized journals, often in Spanish or German. They are now available for the first time in an English-language collection.

    • 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: 6097
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.

    • Language Arts & Disciplines

Essays on Bentham

studies in jurisprudence and political theory
Author: Herbert Lionel Adolphus Hart
Publisher: Oxford University Press, USA
Category: Language Arts & Disciplines
Page: 272
View: 6160

    • Philosophy

An Institutional Theory of Law

New Approaches to Legal Positivism
Author: N. MacCormick,Ota Weinberger
Publisher: Springer Science & Business Media
ISBN: 9789027720795
Category: Philosophy
Page: 229
View: 1628

    • Business & Economics

Economics and the Mind

Author: Barbara Montero,Mark D. White
Publisher: Routledge
ISBN: 1135986452
Category: Business & Economics
Page: 240
View: 1181
Economics is often defined as the science of choice or human action. But choice and action are essentially mental phenomena, an aspect rarely mentioned in the economics discourse. Choice, while not always a conscious or rational process, is held to involve beliefs, desires, intentions and arguably even free will. Actions are often opposed to mere bodily movements, with the former being in some sense only understandable in reference to mental processes while the latter are understandable in entirely non-mental, physical terms. While philosophers have long concerned themselves with the connections between these concepts, economists have tended to steer clear of what might appear to be an a priori debate. At the same time, philosophers working on these important notions have tended to not dirty their hands with the empirical, real-world applications in which economists are specialized. This volume fills these gaps by bringing economists and philosophers of mind together to explore the intersection of their disciplines.

    • Language Arts & Disciplines

Oxford essays in jurisprudence, third series

Author: John Eekelaar,John Bell,John S. Bell
Publisher: Oxford University Press, USA
Category: Language Arts & Disciplines
Page: 267
View: 1892
This third book in the Oxford Essays in Jurisprudence series continues the established format and includes contributions from distinguished scholars in the field, each attempting to relate legal theory to specific areas of the law. Among the eminent contributors are Andrew Ashworth, Peter Cane, Hugh Collins, Anne de Moor, Jim Harris, Simon Lee, Bernard Rudden, and Christopher McCrudden.

    • Philosophy

Position and Change

A Study in Law and Logic
Author: L. Lindahl
Publisher: Springer Science & Business Media
ISBN: 9401012024
Category: Philosophy
Page: 306
View: 3243
The present study which I have subtitled A Study in Law and Logic was prompted by the question of whether an investigation into law and legal systems could lead to the discovery of unrevealed fundamental patterns common to all such systems. This question was further stimulated by two interrelated problems. Firstly, could an inquiry be rooted in specifically legal matters, as distinct from the more usual writings on deontic logic? Secondly, could such inquiry yield a theory which would nevertheless embrace a strict and simple logical structure, permitting substantive conclusions in legal matters to be deduced from simple rules governing some basic concepts? Before the development of deontic logic, W. N. Hohfeld devoted his efforts to this question at the beginning of this century. However, with this exception, few jurists have studied the interrelation between law and logic projected in this way. Nevertheless, two great names are to be found, Gottfried Wilhelm Leibniz and Jeremy Bentham-both philo sophers with legal as weIl as logical training. Bentham's investigations of logical patterns in law have only recently attracted attention; and as for Leibniz, his achievements are still almost totally unexplored (his most important writings on law and logic have not even been translated from Latin). My initial interest in the question was evoked by Professor Stig Kanger. Although primarily a logician and philosopher, Stig Kanger has been interested also in the fundamentals of legal theory.

    • Law

Law as a Social Institution

Author: Hamish Ross
Publisher: Hart Publishing
ISBN: 1841132306
Category: Law
Page: 176
View: 5887
This book develops the rudiments of a sociological perspective on state law and legal theory. It outlines a distinctive approach to theoretical enquiry that offers an improved understanding of law as a social and institutional phenomenon. The book draws upon Max Weber's sociological and juristic writings as a context in which to explore themes arising or selectively developed from a critical reassessment of key aspects of H.L.A. Hart's theory of law. The discussion initially centers around three problematical areas or "Gordian Knots" - essentially weaknesses in the analytical nucleus of The Concept of Law, matters of misplaced emphasis and other elements that, it is argued, have obscured fundamental aspects of a perceived social reality. Using the critique as a point of departure, the book explores key issues that Hart merely touched upon or seemingly passed over: the role of the (sociologically inclined) jurist, the defensibility of an "institutional insider's" perspective, the institutional behavioral dimension of the legal world, and the relational and social power dynamics of law-affected human behavior.

    • Law

Current Legal Problems 1998

Legal Theory at the End of the Millennium
Author: Michael Freeman
Publisher: Oxford University Press on Demand
ISBN: 9780198298977
Category: Law
Page: 582
View: 7343
This book is the fifty-first volume of Current Legal Problems and contains the now customary selection of high-quality essays by a group of outstanding scholars. This volume gathers together a particularly valuable and broad-ranging set of contributions which makes for a stimulating study of legal theory at the end of the millennium

    • Philosophy

Justice, Law and Culture

Author: J.K. Feibleman
Publisher: Springer Science & Business Media
ISBN: 9401094497
Category: Philosophy
Page: 208
View: 6550
The following pages contain a theory of justice and a theory of law. Justice will be defined as the demand for a system of laws, and law as an established regulation which applies equally throughout a society and is backed by force. The demand for a system of laws is met by means of a legal system. The theory will have to include what the system and the laws are in tended to regulate. The reference is to all men and their possessions in a going concern. In the past all such theories have been discussed only in terms of society, justice as applicable to society and the laws promul gated within it. However, men and their societies are not the whole story: in recent centuries artifacts have played an increasingly important role. To leave them out of all consideration in the theory would be to leave the theory itself incomplete and even distorted. For the key conception ought to be one not of society but of culture. Society is an organization of men but culture is something more. I define culture (civilization has often been employed as a synonym) as an organization of men together with their material possessions. Such possessions consist in artifacts: material objects which have been altered through human agency in order to reduce human needs. The makers of the artifacts are altered by them. Men have their possessions together, and this objectifies and consolidates the culture.

    • Law

Law as Symbolic Form

Ernst Cassirer and the Anthropocentric View of Law
Author: Deniz Coskun
Publisher: Springer Science & Business Media
ISBN: 1402062567
Category: Law
Page: 386
View: 9111
This book describes the rule of law as the reign of persuasion rather than the reign of force, and democracy as the reign by persuasion rather than the reign by force. It synthesizes a vast amount of current Cassirer-literature and makes a contribution to jurisprudence. The book is the first systematic elaboration on law as a symbolic form and it sheds new light on a still dark area of intellectual and jurisprudential thought.

    • Law

The Oxford Handbook of Jurisprudence and Philosophy of Law

Author: Jules Coleman,Scott Shapiro
Publisher: OUP Oxford
ISBN: 9780199270972
Category: Law
Page: 1072
View: 2001
The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state-of-the-art overview of jurisprudential scholarship.

    • Law

The Nature of Customary Law

Legal, Historical and Philosophical Perspectives
Author: Amanda Perreau-Saussine,James B. Murphy
Publisher: Cambridge University Press
ISBN: 1139463217
Category: Law
Page: N.A
View: 1815
Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.

    • Law

MacCormick's Scotland

Author: Neil Walker
Publisher: Edinburgh University Press
ISBN: 0748649301
Category: Law
Page: 288
View: 7147
A Gedenkschrift to one of Scotland's most prominent jurists and legal thinkers.