In Defense Of Legal Positivism
DOWNLOAD
Download In Defense Of Legal Positivism PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get In Defense Of Legal Positivism book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
In Defense Of Legal Positivism
DOWNLOAD
Author : Matthew H. Kramer
language : en
Publisher: Oxford University Press, USA
Release Date : 2003
In Defense Of Legal Positivism written by Matthew H. Kramer and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
As an uncompromising defense of legal positivism, this book insists on the separability of law and morality. After distinguishing among three main dimensions of morality, the book explores a variety of ways in which law has been perceived by natural-law theorists as integrally connected to each of those dimensions. Some of the chapters pose arguments against major philosophers who have written on these issues, including David Lyons, Lon Fuller, Antony Duff, Joseph Raz, Ronald Dworkin, John Finnis, Philip Soper, Neil MacCormick, Robert Alexy, Gerald Postema, Stephen Perry, and Michael Moore. Several other chapters extend rather than defend legal positivism; they refine the insights of positivism and develop the implications of those insights in strikingly novel directions. The book concludes with a long discussion of the obligation to obey the law a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence.
A Defense Of Legal Positivism
DOWNLOAD
Author : Kenneth Einar Himma
language : en
Publisher:
Release Date : 1990
A Defense Of Legal Positivism written by Kenneth Einar Himma and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Legal positivism categories.
In Defense Of Legal Positivism
DOWNLOAD
Author : Matthew H. Kramer
language : en
Publisher:
Release Date : 1999
In Defense Of Legal Positivism written by Matthew H. Kramer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Legal positivism categories.
'In Defense of Legal Positivism' insists on the separability of law and morality. After distinguishing among three facets of morality, the author explores a variety of ways in which law has been perceived as integrally connected to each of those facets.--Résumé de l'éditeur.
Beyond Legal Positivism
DOWNLOAD
Author : Whitley R. P. Kaufman
language : en
Publisher: Springer Nature
Release Date : 2023-10-28
Beyond Legal Positivism written by Whitley R. P. Kaufman and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-28 with Law categories.
Legal Positivism has been the dominant school of legal philosophy for much of the last century, despite its many critics. Its central tenet has long been that there is no necessary connection between law and morality. This book provides a broad but clear and jargon-free account of the central objections to the theory and why those objections are sufficient to show that legal positivism is no longer tenable. This includes a broad critique of the purported distinction method of legal positivism, the idea of ‘conceptual analysis,’ as well as a detailed assessment of the most influential of all legal positivist theories, that of H.L.A. Hart. The book also provides a defense of the natural law school, which holds in contrast to legal positivism that the authority of law arises from its intrinsic connection to morality. The author demonstrates that most of the criticism of the natural law school arises from a caricatured account of that doctrine, for instance the idea that it requires substantive theological commitments or particular conceptions of human nature. In contrast, the author presents an account of natural law theory that is grounded in a commitment to moral truth, but not to any theological beliefs. The nature of law can only be understood in terms of its moral function, to provide a clear set of moral rules that are required for a society to function effectively.
H L A Hart
DOWNLOAD
Author : Matthew H. Kramer
language : en
Publisher: John Wiley & Sons
Release Date : 2018-11-26
H L A Hart written by Matthew H. Kramer and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-26 with Philosophy categories.
H.L.A. Hart is among the most important philosophers of the twentieth century, with an especially great influence on the philosophy of law. His 1961 book The Concept of Law has become an enduring classic of legal philosophy, and has also left a significant imprint on moral and political philosophy. In this volume, leading contemporary legal and political philosopher Matthew H. Kramer provides a crystal-clear analysis of Hart’s contributions to our understanding of the nature of law. He elucidates and scrutinizes every major aspect of Hart’s jurisprudential thinking, ranging from his general methodology to his defense of legal positivism. He shows how Hart’s achievement in The Concept of Law, despite the evolution of debates in subsequent decades, remains central to contemporary legal philosophy because it lends itself to being reinterpreted in light of new concerns and interests. Kramer therefore pays particular attention to the strength of Hart’s insights in the context of present-day disputes among philosophers over the reality of normative entities and properties and over the semantics of normative statements. This book is an invaluable guide to Hart’s thought for students and scholars of legal philosophy and jurisprudence, as well as moral and political philosophy.
Dogmas And Distortions
DOWNLOAD
Author : Matthew H. Kramer
language : en
Publisher:
Release Date : 2010
Dogmas And Distortions written by Matthew H. Kramer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
In a recent full-length review of Matthew Kramer's In Defense of Legal Positivism, David Dyzenhaus has attacked legal positivists' accounts of adjudication and their views of the relationship between law and morality. The present essay defends legal positivism against his strictures, by arguing that he has misunderstood specific texts and the general lines of enquiry which the positivists pursue.
Essays In Jurisprudence And Philosophy
DOWNLOAD
Author : H. L. A. Hart
language : en
Publisher: OUP Oxford
Release Date : 1983-11-24
Essays In Jurisprudence And Philosophy written by H. L. A. Hart and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983-11-24 with Law categories.
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.
Legal Positivism In American Jurisprudence
DOWNLOAD
Author : Anthony J. Sebok
language : en
Publisher: Cambridge University Press
Release Date : 1998-10-28
Legal Positivism In American Jurisprudence written by Anthony J. Sebok 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 1998-10-28 with Law categories.
This work represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought.
Where Law And Morality Meet
DOWNLOAD
Author : Matthew H. Kramer
language : en
Publisher: Oxford University Press, USA
Release Date : 2004
Where Law And Morality Meet written by Matthew H. Kramer and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
How are law and morality connected, how do they interact, and in what ways are they distinct? These questions have been a fundamental concern in the modern analytic philosophy of law. In Where Law and Morality Meet Matthew Kramer reviews the most influential accounts of legal and moral reasoning and presents his own conception of whether moral principles should be incorporated into a concept of law. In Part One, Kramer argues that moral principles can enter into the law of any jurisdiction. He contends that legal officials can invoke moral principles as laws for resolving disputes, and that they can also invoke them as threshold tests which ordinary laws must satisfy. In opposition to many other theorists, Kramer argues that these functions of moral principles are consistent with the essential characteristics of any legal system. Part Two reaffirms the legal positivist argument that law and morality are separable, arguing against the position of natural-law theory, which portrays legal requirements as a species of moral requirements. Kramer contends that even though the existence of a legal system in any sizeable society is essential for the realization of fundamental moral values, law is not inherently moral either in its effects or in its motivational underpinnings. In the final part, Kramer contests the widespread view that people whose conduct is meticulously careful cannot be held morally responsible for harmful effects of their actions. Through this argument, he reveals that fault-independent liability is present even more prominently in morality than in the law.
Legal Positivism
DOWNLOAD
Author : Tom D. Campbell
language : en
Publisher: Routledge
Release Date : 2016-12-05
Legal Positivism written by Tom D. Campbell and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with Law categories.
Despite persistent criticism from a variety of different perspectives including natural law, legal realism and socio-legal studies, legal positivism remains as an enduring theory of law. The essays contained in this volume represent the most balanced responses toward legal positivism and although largely sympathetic, the essays do not fail to criticize elements of the tradition wherever appropriate.