• Jurisprudence

Oxford Essays in Jurisprudence

A Collaborative Work
Author: Anthony Gordon Guest
Publisher: N.A
ISBN: N.A
Category: Jurisprudence
Page: 292
View: 9633
This volume of essays, though primarily designed for students of law, will also attract a wide audience among philosophers and those interested in political theory. Members of the Faculty of Law at Oxford have combined to explore such central topics as negligence and mens rea, ownership, possession, voluntary and involuntary acts, sovereignty, the rule of law, justiciability, motive, and the doctrine of precedent. These topics have hitherto usually been treated simply as one part of a comprehensive treatise on jurisprudence by a single author; readers will find their treatment in detail by a number of different writers both stimulating and original.

    • Law

Oxford Essays in Jurisprudence

Fourth series
Author: Jeremy Horder
Publisher: Oxford University Press
ISBN: 0198268580
Category: Law
Page: 270
View: 3900
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.

    • Language Arts & Disciplines

Oxford essays in jurisprudence, third series


Author: John Eekelaar,John Bell,John S. Bell
Publisher: Oxford University Press, USA
ISBN: N.A
Category: Language Arts & Disciplines
Page: 267
View: 8397
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.

    • Language Arts & Disciplines

Oxford essays in jurisprudence, second series


Author: Alfred William Brian Simpson
Publisher: Oxford University Press, USA
ISBN: N.A
Category: Language Arts & Disciplines
Page: 306
View: 989
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: 3258
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.

    • Jurisprudence

Oxford Essays in Jurisprudence

Fourth series
Author: N.A
Publisher: N.A
ISBN: 9780198268581
Category: Jurisprudence
Page: 270
View: 5844

    • Law

Essays on Bentham

Studies in Jurisprudence and Political Theory
Author: Herbert Lionel Adolphus Hart
Publisher: Oxford University Press
ISBN: 0198253486
Category: Law
Page: 272
View: 3140
In his introduction to these closely linked essays Professor Hart offers both an exposition and a critical assessment of some central issues in jurisprudence and political theory. Some of the essays touch on themes to which little attention has been paid, such as Bentham's identification of the forms of mysitification protecting the law from criticism; his relation to Beccaria; and his conversion to democratic radicalism and a passionate admiration for the United States.

    • 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: 6772
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

Oxford Studies in Philosophy of Law


Author: John Gardner,Leslie Green,Brian Leiter
Publisher: Oxford University Press
ISBN: 0192563262
Category: Law
Page: 288
View: 6663
Oxford Studies in Philosophy of Law is a forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The essays range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning), the philosophical foundations of specific areas of law (from criminal law to evidence to international law), the history of legal philosophy, and related philosophical topics that illuminate the problems of legal theory. OSPL will be essential reading for philosophers, academic lawyers, political scientists, and historians of law who wish to keep up with the latest developments in this flourishing field.

    • Law

Essays in Legal Philosophy


Author: Eugenio Bulygin
Publisher: OUP Oxford
ISBN: 0191045632
Category: Law
Page: 384
View: 775
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

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: 5296
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.

    • Mathematics

Jurisprudence

Cambridge Essays
Author: Hyman Gross,Ross Harrison
Publisher: Oxford University Press
ISBN: 0198252897
Category: Mathematics
Page: 285
View: 6274
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.

    • History

Making Law Bind

Essays Legal and Philosophical
Author: Tony Honoré
Publisher: Oxford University Press
ISBN: 0198254679
Category: History
Page: 274
View: 8567
This collection of the papers of Tony Honore, is taken from his work in the field of legal philosophy over the last quarter century. The introductory essay is followed by three chapters describing the building blocks of legal systems - groups or societies, laws, and the motives to obey or conform. Succeeding papers discuss norms and obligations, rights and justice, analysing such fundamentals as ownership, property rights and the assertion of rights. The book concludes with an essay arguing for the use of law to encourage or reinforce morality.


    • Law

The Oxford Handbook of Philosophy of Criminal Law


Author: John Deigh,David Dolinko
Publisher: Oxford University Press
ISBN: 0195314859
Category: Law
Page: 525
View: 5840
First work of its kind (i.e., a handbook of authoritative, original essays) in the philosophy of criminal law The book covers a wide variety of topics including criminalization of obscenity and hate speech, the insanity defense, pleas of self-defense by battered women, the death penalty, and clemency. This is the first comprehensive handbook in the philosophy of criminal law. It contains seventeen original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation, responsibility, justification and excuse, duress, provocation and self-defense, insanity, punishment, the death penalty, mercy, and preventive detention and other alternatives to punishment. It will be an invaluable resource for scholars and students whose research and studies concern philosophical issues in criminal law and criminal law theory. Readership: Philosophers who specialize in legal philosophy, moral philosophy, or political philosophy; Criminal Law theorists and scholars; Criminologists; and Philosophy graduate students with interests in moral, political or legal philosophy.

    • Political Science

Liberalism with Excellence


Author: Matthew H. Kramer
Publisher: Oxford University Press
ISBN: 0191083844
Category: Political Science
Page: 456
View: 7445
During the past several decades, political philosophers have frequently clashed with one another over the question whether governments are morally required to remain neutral among reasonable conceptions of excellence and human flourishing. Whereas the numerous followers of John Rawls (and kindred philosophers such as Ronald Dworkin) have maintained that a requirement of neutrality is indeed incumbent on every system of governance, other philosophers — often designated as 'perfectionists' — have argued against the existence of such a requirement. Liberalism with Excellence enters these debates not by plighting itself unequivocally to one side or the other, but instead by reconceiving each of the sides and thus by redirecting the debates that have occurred between them. On the one hand, the book rejects the requirement of neutrality by contending that certain subsidies for the promotion of excellence in sundry areas of human endeavour can be proper and vital uses of resources by governments. Advocating such departures from the constraint of neutrality, the book presents a version of liberalism that can rightly be classified as 'perfectionist'. On the other hand, the species of perfectionism espoused in Liberalism with Excellence diverges markedly from the theories that have usually been so classified. Indeed, much of the book assails various aspects of those theories. What is more, the aspirational perfectionism elaborated in the closing chapters of the volume is reconcilable in most key respects with a suitably amplified version of Rawlsianism. Hence, by reconceiving both the perfectionist side and the neutralist side of the prevailing disputation, Liberalism with Excellence combines and transforms their respective insights.

    • Law

Offences and Defences

Selected Essays in the Philosophy of Criminal Law
Author: John Gardner
Publisher: Oxford University Press on Demand
ISBN: 0199239355
Category: Law
Page: 288
View: 7819
A selection of some of the author's best-known and most provocative writings on criminal law. Although it discusses the legitimacy of criminal punishment, it proceeds on the footing that the criminal law does many important things apart from punishing people.

    • Law

Educating Oneself in Public

Critical Essays in Jurisprudence
Author: Michael S. Moore
Publisher: Oxford University Press on Demand
ISBN: 9780198268796
Category: Law
Page: 464
View: 3339
The eleven essays in Educating Oneself in Public: Critical Essays in Jurisprudence constitute an education in the Anglo-American jurisprudence of the second half of the twentieth century. The book examines both the thought of major figures such as H. L. A. Hart, Joseph Raz, Ronald Dworkin, Lon Fuller, and Richard Rorty, and the general themes of major movements such as legal realism, post-modernism, and pragmatism. Despite this focus on the thoughts of others the book is not a survey butis a critical probing of particular ideas often attributed to such figures. Detailed depth of understanding is sought about: Hart's conception of a `general jurisprudence' that describes law in general; Dworkin's conception of an `internal jurisprudence' that interprets the concept of law of our legal culture; Fuller's ideal of a `functional jurisprudence' that seeks the essence of law in the values it serves; the place of rules in legal and moral reasoning; Raz's idea that laws give `exclusionary reasons' to legal actors subject to such laws; how judges should reason, according to the legal realists; whether there are right answers to all disputed law cases; whether behind the obvious law of legal rules there can exist an unobvious law of legal principles; Finnis's conception of the common good as the function law uniquely serves; in what sense law practice and legal theory are interpretive activities; whether all knowledge, or some discrete realm of knowledge, is peculiarlyinterpretive in character. Michael Moore's views on each of these topics are detailed and original, even if the springboards for each discussion are the writings of those who introduced such topics into modern discussions. The introductory chapter includes responses by many of the figures examined in the other essays, together with the author's rejoinders.