A Theory Of Legal Sentences
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A Theory Of Legal Sentences
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Author : Manuel Atienza
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
A Theory Of Legal Sentences written by Manuel Atienza 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 2012-12-06 with Philosophy categories.
Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.
Sentencing
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Author : Nigel Walker
language : en
Publisher: Oxford University Press
Release Date : 1996
Sentencing written by Nigel Walker and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
Examining the contrast between penological theory, the state of the law, and what actually happens in court and after sentence, this edition covers recent developments, including the Criminal Justice Act 1991, the Criminal Justice Act 1993, and the Crimina
A Theory Of Legal Punishment
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Author : Matthew C. Altman
language : en
Publisher: Routledge
Release Date : 2021-05-05
A Theory Of Legal Punishment written by Matthew C. Altman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-05 with Law categories.
This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.
An Institutional Theory Of Law
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Author : N. MacCormick
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-04-17
An Institutional Theory Of Law written by N. MacCormick 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 2013-04-17 with Philosophy categories.
Fundamentals Of Sentencing Theory
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Author : Andrew Ashworth
language : en
Publisher: Oxford Monographs on Criminal
Release Date : 1998
Fundamentals Of Sentencing Theory written by Andrew Ashworth and has been published by Oxford Monographs on Criminal this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
The Oxford Monographs on Criminal Law and Justice series covers all aspects of criminal law and procedure including criminal evidence. The scope of the series is wide, encompassing both practical and theoretical works. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays consider several issues affecting the discipline including the underlying justifications for the imposition of punishment by the State, areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected, and includes various questions about the unequal impact on offenders of different sentencing measures. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection.
Law Institution And Legal Politics
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Author : Ota Weinberger
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Law Institution And Legal Politics written by Ota Weinberger 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 2012-12-06 with Philosophy categories.
It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.
Principled Sentencing
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Author : Andreas von Hirsch
language : en
Publisher: Hart Publishing
Release Date : 1998-06-19
Principled Sentencing written by Andreas von Hirsch and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-06-19 with Law categories.
This new edition of Principled Sentencing offers students of law, legal philosophy, criminology and criminal justice an excellent selection of the best available readings on the moral and philosophical issues in sentencing theory. The structure of the book remains the same as in the first edition, though importantly there are now new chapters dealing with restorative justice, 'law and order', and postmodern approaches. These new chapters reflect the significant number of theoretical advances made since the first edition was published in 1992, as well as the growing interest in critical perspectives. As before, each chapter begins with an introduction by one of the editors and ends with a bibliography of suggested further readings. The main body of each chapter consists of a selection of readings, some very up-to-date, others more timeless, but each in its way seminal. All the chapters have been revised and the editorial introductions brought up-to-date.
Law As Institution
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Author : Massimo La Torre
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-08-13
Law As Institution written by Massimo La Torre 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 2010-08-13 with Philosophy categories.
This book – which is the result of several years of research, discussion, writing and re-writing – consists of three parts and eight chapters. The rst part is given by the two rst chapters introducing the issue of validity and facticity in law. The second part (Chapters 3, 4 and 5) is the core of this study and tries to present a theory based on a speci c view about language and social practice. The third part deal with the issue of value judgments and views about morality and consists of Chapters 6 and 7. Chapter 8 should nally serve as epilogue. In the rst chapter a discussion is started about the relationship between law and power, seen as a presupposition for an assessment of the nature of law. As a matter of fact, as has been remarked, “general theories of law struggle to do justice to the 1 multiple dualities of the law”. Indeed, law has a “dual nature”: it is a fact, but it also a norm, a sort of ideal entity. Law is sanction, but it is also discourse. It is effectivity, or facticity, but it is also a vehicle of principles among which the central one is justice. But this duality is not only a phenomenological, or a matter of justi cation and implementation as two separate moments.
Felix Kaufmann S Theory And Method In The Social Sciences
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Author : Robert S. Cohen
language : en
Publisher: Springer
Release Date : 2014-05-19
Felix Kaufmann S Theory And Method In The Social Sciences written by Robert S. Cohen and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-19 with Science categories.
This volume contains the English translation of Felix Kaufmann's (1895-1945) main work Methodenlehre der Sozialwissenschaften (1936). In this book, Kaufmann develops a general theory of knowledge of the social sciences in his role as a cross-border commuter between Husserl's phenomenology, Kelsen's pure theory of law and the logical positivism of the Vienna Circle. This multilayered inquiry connects the value-oriented reflections of a general philosophy of science with the specificity of the methods and theories of the social sciences, as opposed to abstract natural science and psychology. The core focus of the study is the attempt to elucidate how and under what conditions scientific knowledge about social facts, empirically justified and theoretically embedded, can be obtained. The empirical basis of knowledge within the social sciences forms a phenomenological concept of experience. According to Kaufmann, this concept of experience exhibits a complex structure. Within the meaning-interpretation of human action as the core of knowledge in the social sciences, this structure reaches out across the isolated act of verification toward the synthesis of external and internal experiences. The book opens with a detailed and useful introduction by Ingeborg K. Helling, which introduces the historical and theoretical background of Kaufmann's study and specifically illuminates his relation to Alfred Schütz and John Dewey. Finally, it contains interviews with and letters to members of his family, colleagues and students.
Neutrality And Theory Of Law
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Author : Jordi Ferrer Beltrán
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-04-03
Neutrality And Theory Of Law written by Jordi Ferrer Beltrán 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 2013-04-03 with Law categories.
This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.