Author: H. L. A. Hart

Publisher: OUP Oxford

ISBN: 0191018724

Category: Law

Page: 404

View: 4695

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.
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Author: Herbert Lionel Adolphus Hart

Publisher: Oxford University Press

ISBN: 0198253885

Category: History

Page: 396

View: 4873

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.
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General Assessments of Legal Philosophies

Author: Robert S. Summers

Publisher: Univ of California Press

ISBN: 9780520019713

Category: Law

Page: 161

View: 8253

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Author: Eugenio Bulygin

Publisher: OUP Oxford

ISBN: 0191045632

Category: Law

Page: 384

View: 5694

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.
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A Collaborative Work

Author: Anthony Gordon Guest

Publisher: N.A

ISBN: N.A

Category: Jurisprudence

Page: 292

View: 677

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.
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Fourth series

Author: Jeremy Horder

Publisher: Oxford University Press

ISBN: 0198268580

Category: Law

Page: 270

View: 4025

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.
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Author: Alfred William Brian Simpson

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Language Arts & Disciplines

Page: 306

View: 5369

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.
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Essays in Law and Morals

Author: Raymond Gillespie Frey,Christopher W. Morris

Publisher: Cambridge University Press

ISBN: 9780521392167

Category: Law

Page: 430

View: 953

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.
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Essays in Legal Philosophy

Author: Andrei Marmor

Publisher: Oxford University Press on Demand

ISBN: 9780198264873

Category: Law

Page: 463

View: 2819

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.
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An Essay in Philosophy and Jurisprudence

Author: Thomas D. Perry,Christopher Charles Whiston Taylor

Publisher: Oxford University Press

ISBN: N.A

Category: Ethics

Page: 229

View: 2023

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Essays in the Philosophy of Law

Author: H.L.A. Hart

Publisher: Oxford University Press

ISBN: 0199534772

Category: Law

Page: 277

View: 3040

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.
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Critical Essays in Jurisprudence

Author: Michael S. Moore

Publisher: Oxford University Press on Demand

ISBN: 9780198268796

Category: Law

Page: 464

View: 3301

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.
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The Bill of Rights in Philosophy, Politics and Law 1791 and 1991

Author: Michael James Lacey,Knud Haakonssen

Publisher: Cambridge University Press

ISBN: 9780521446532

Category: History

Page: 474

View: 4633

New insights into the rights thinking and consciousness at the core of American political culture.
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Author: Frederick Pollock

Publisher: N.A

ISBN: N.A

Category: Ethics

Page: 383

View: 6243

This collection of essays centers around ethics and includes input from important ancient philosophers. Though this volume is heavily oriented towards the practice of law, Marcus Aurelius, as arguably the most well-known of the Stoic Philosophers, is included as an important influence.
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Essays in the Philosophy of Law

Author: J.G. Murphy,Jeffrie G. Murphy

Publisher: Springer Science & Business Media

ISBN: 9789027709998

Category: Law

Page: 255

View: 7365

One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such a way that, together, they at least form a start toward the development of a systematic theory on the common foundations supporting the particular claims in the particular articles. With respect to this collection, the essays can all be read as particular ways of pursuing the following general pattern of thought: that a commitment to justice and a respect for rights (and not social utility) must be the foundation of any morally acceptable legal order; that a social contractarian model is the best way to illuminate this foundation; that a retributive theory of punish ment is the only theory of punishment resting on such a foundation and thus is the only morally acceptable theory of punishment; that the twentieth century's faddish movement toward a "scientific" or therapeutic response to crime runs grave risks of undermining the foundations of justice and rights on which the legal order ought to rest; and, finally, that the legitimate worry about the tendency of the behavioral sciences to undermine the values of
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An Essay in Philosophical Jurisprudence

Author: Åke Frändberg

Publisher: Springer

ISBN: 3319067842

Category: Law

Page: 190

View: 7079

In this book the author investigates what is common to the German idea of the Rechtsstaat and the Anglo-American idea of the Rule of Law. He argues that, although dressed up in rather different garb, these two concepts are in fact based on the same fundamental idea and stand for the same values (“the law-state values”) – all ideas that are in the European tradition older than their British and German variants. The fundamental idea is that the individual shall enjoy legal protection against infringements brought about by the exercise of power on the part of the state. In the book basic concepts such as legality, legal equality, legal certainty, legal accessibility and legal security are investigated. Also explored are their mutual relations, in particular, conflicts between them. Furthermore, the book offers practical advice on realising and sustaining these values in practice. Finally, it is argued that the characteristic law-state values can only be justified by reference to an even more fundamental humanistic idea, namely, what the author calls “a life of human dignity”.
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Author: Ronald Dworkin

Publisher: Suhrkamp Verlag

ISBN: 3518780204

Category: Philosophy

Page: 813

View: 4422

»Der Fuchs weiß viele Dinge, aber der Igel weiß eine große Sache.« Der griechische Dichter Archilochos hat diesen Satz formuliert, Isaiah Berlin hat ihn mit seinem Tolstoi-Essay berühmt gemacht. Aber was ist diese »eine große Sache«? Ronald Dworkin liefert eine Antwort: Es sind Werte in all ihren Erscheinungsformen. Wenn wir verstehen wollen, was Wahrheit und Schönheit sind, was dem Leben Sinn verleiht, was die Moral fordert und die Gerechtigkeit verlangt, so müssen wir der Spur jener moralischen Einstellungen nachgehen, die menschliches Denken, Fühlen und Handeln durchdringen und zu einer Einheit formen. »Gerechtigkeit für Igel« ist eines jener Bücher, wie es sie in Zeiten der Füchse – der Spezialisten und Skeptiker – immer seltener gibt: eines, das aus einem einzigen Prinzip eine ganze Welt erklären und zugleich Orientierung geben möchte.
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Selected Essays in the Philosophy of Criminal Law

Author: John Gardner

Publisher: Oxford University Press on Demand

ISBN: 0199239355

Category: Law

Page: 288

View: 6398

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.
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