Austin On Jurisprudence
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The Legacy Of John Austin S Jurisprudence
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Author : Michael Freeman
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-09-14
The Legacy Of John Austin S Jurisprudence written by Michael Freeman and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-14 with Law categories.
This is the first ever collected volume on John Austin, whose role in the founding of analytical jurisprudence is unquestionable. After 150 years, time has come to assess his legacy. The book fills a void in existing literature, by letting top scholars with diverse outlooks flesh out and discuss Austin’s legacy today. A nuanced, vibrant, and richly diverse picture of both his legal and ethical theories emerges, making a case for a renewal of interest in his work. The book applies multiple perspectives, reflecting Austin’s various interests – stretching from moral theory to theory of law and state, from Roman Law to Constitutional Law – and it offers a comparative outlook on Austin and his legacy in the light of the contemporary debate and major movements within legal theory. It sheds new light on some central issues of practical reasoning: the relation between law and morals, the nature of legal systems, the function of effectiveness, the value-free character of legal theory, the connection between normative and factual inquiries in the law, the role of power, the character of obedience and the notion of duty.
The Province Of Jurisprudence Determined
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Author : John Austin
language : en
Publisher:
Release Date : 1832
The Province Of Jurisprudence Determined written by John Austin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1832 with Jurisprudence categories.
The Province Of Jurisprudence Determined
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Author : John Austin
language : en
Publisher: Cambridge University Press
Release Date : 1995
The Province Of Jurisprudence Determined written by John Austin and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Jurisprudence categories.
The Province of Jurisprudence Determined (1832) is a classic of nineteenth-century English jurisprudence, a subject on which Austin eventually had a profound impact. His book is primarily a meticulous exposition of most of the core concepts of his legal philosophy, including his command conception of law, his separation of law and morality, and his theory of sovereignty. Almost a quarter of the book consists, however, of an interpretation and defence of the principle of utility. This edition includes the complete and unabridged text of the fifth (1885) and last edition. The comprehensive introduction discusses Austin's life, the main themes of his book, leading criticisms of his ideas, and recent interpretations of his legal philosophy. The edition also includes and up-to-date bibliography and biographical synopses of the principal figures mentioned in the text.
The Philosophy Of Positive Law
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Author : James Bernard Murphy
language : en
Publisher: Yale University Press
Release Date : 2008-10-01
The Philosophy Of Positive Law written by James Bernard Murphy and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-10-01 with Law categories.
In this first book-length study of positive law, James Bernard Murphy rewrites central chapters in the history of jurisprudence by uncovering a fundamental continuity among four great legal philosophers: Plato, Thomas Aquinas, Thomas Hobbes, and John Austin. In their theories of positive law, Murphy argues, these thinkers represent successive chapters in a single fascinating story. That story revolves around a fundamental ambiguity: is law positive because it is deliberately imposed (as opposed to customary law) or because it lacks moral necessity (as opposed to natural law)? These two senses of positive law are not coextensive yet the discourse of positive law oscillates unstably between them. What, then, is the relation between being deliberately imposed and lacking moral necessity? Murphy demonstrates how the discourse of positive law incorporates both normative and descriptive dimensions of law, and he discusses the relation of positive law not only to jurisprudence but also to the philosophy of language, ethics, theories of social order, and biblical law.
The Legacy Of John Austin S Jurisprudence
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Author : Michael Freeman
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-09-12
The Legacy Of John Austin S Jurisprudence written by Michael Freeman and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-12 with Law categories.
This is the first ever collected volume on John Austin, whose role in the founding of analytical jurisprudence is unquestionable. After 150 years, time has come to assess his legacy. The book fills a void in existing literature, by letting top scholars with diverse outlooks flesh out and discuss Austin’s legacy today. A nuanced, vibrant, and richly diverse picture of both his legal and ethical theories emerges, making a case for a renewal of interest in his work. The book applies multiple perspectives, reflecting Austin’s various interests – stretching from moral theory to theory of law and state, from Roman Law to Constitutional Law – and it offers a comparative outlook on Austin and his legacy in the light of the contemporary debate and major movements within legal theory. It sheds new light on some central issues of practical reasoning: the relation between law and morals, the nature of legal systems, the function of effectiveness, the value-free character of legal theory, the connection between normative and factual inquiries in the law, the role of power, the character of obedience and the notion of duty.
The Austinian Theory Of Law
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Author : John Austin
language : en
Publisher:
Release Date : 1931
The Austinian Theory Of Law written by John Austin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1931 with Jurisprudence categories.
Law As Punishment Law As Regulation
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Author : Austin Sarat
language : en
Publisher: Stanford University Press
Release Date : 2011-08-29
Law As Punishment Law As Regulation written by Austin Sarat and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-29 with Law categories.
Law depends on various modes of classification. How an act or a person is classified may be crucial in determining the rights obtained, the procedures employed, and what understandings get attached to the act or person. Critiques of law often reveal how arbitrary its classificatory acts are, but no one doubts their power and consequence. This crucial new book considers the problem of law's physical control of persons and the ways in which this control illuminates competing visions of the law: as both a tool of regulation and an instrument of coercion or punishment. It examines various instances of punishment and regulation to illustrate points of overlap and difference between them, and captures the lived experience of the state's enterprise of subjecting human conduct to the governance of rules. Ultimately, the essays call into question the adequacy of a view of punishment and/or regulation that neglects the perspectives of those who are at the receiving end of these exercises of state power.
Law And The Utopian Imagination
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Author : Austin Sarat
language : en
Publisher: Stanford University Press
Release Date : 2014-05-21
Law And The Utopian Imagination written by Austin Sarat and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-21 with Law categories.
Law and the Utopian Imagination seeks to explore and resuscitate the notion of utopianism within current legal discourse. The idea of utopia has fascinated the imaginations of important thinkers for ages. And yet—who writes seriously on the idea of utopia today? The mid-century critique appears to have carried the day, and a belief in the very possibility of utopian achievements appears to have flagged in the face of a world marked by political instability, social upheaval, and dreary market realities. Instead of mapping out the contours of a familiar terrain, this book seeks to explore the possibilities of a productive engagement between the utopian and the legal imagination. The book asks: is it possible to re-imagine or revitalize the concept of utopia such that it can survive the terms of the mid-century liberal critique? Alternatively, is it possible to re-imagine the concept of utopia and the theory of liberal legality so as to dissolve the apparent antagonism between the two? In charting possible answers to these questions, the present volume hopes to revive interest in a vital topic of inquiry too long neglected by both social thinkers and legal scholars.
Lectures On Jurisprudence
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Author : John Austin
language : en
Publisher:
Release Date : 1875
Lectures On Jurisprudence written by John Austin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1875 with Jurisprudence categories.
The Fate Of Law
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Author : Austin Sarat
language : en
Publisher: University of Michigan Press
Release Date : 2009-11-10
The Fate Of Law written by Austin Sarat and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-10 with Law categories.
For law and legal theory the end of the twentieth century is a time of contradiction; while the newly emerging politics of Eastern Europe seek to establish a new rule of law, voices in this country proclaim the "death of law." For the former, law provides hope for stability and fairness. For the latter, the fundamental values that provide a grounding for legality seem no longer secure or satisfying. The Fate of Law is a collection of five original essays, each of which discusses the problems and prospects of law in the late twentieth century. The essays pay particular attention to the impact of broad intellectual and political movements, especially feminism and postmodernism, on law and legal theory. The Fate of Law investigates what happens under the critical scrutiny of those movements and in an era of growing skepticism about law's central claim to objectivity, neutrality, and reason. It describes the struggles that ensue and the responses that are made. Each of the essays that comprise this books is written in its own style and voice; each makes it own judgments and assessments.