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Introduction To The Problems Of Legal Theory


Introduction To The Problems Of Legal Theory
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Introduction To The Problems Of Legal Theory


Introduction To The Problems Of Legal Theory
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Author : Hans Kelsen
language : en
Publisher: Oxford University Press
Release Date : 1992

Introduction To The Problems Of Legal Theory written by Hans Kelsen 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 1992 with Law categories.


Hans Kelsen is considered to be one of the foremost legal theorists and philosophers of the twentieth century. His writing made significant contributions to many areas, especially those of legal theory and international law. Over a number of decades, he developed an important legal theory which found its first complete exposition in Reine Rechtslehre, or Pure Theory of Law, the first edition of which was published in Vienna in 1934. This is the first English translation of the first edition of that work. It covers such topics as law and morality, the legal system and its hierarchical structure and the state, and international law.



African Legal Theory And Contemporary Problems


African Legal Theory And Contemporary Problems
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Author : Oche Onazi
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-11-26

African Legal Theory And Contemporary Problems written by Oche Onazi 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 2013-11-26 with Law categories.


The book is a collection of essays, which aim to situate African legal theory in the context of the myriad of contemporary global challenges; from the prevalence of war to the misery of poverty and disease to the crises of the environment. Apart from being problems that have an indelible African mark on them, a common theme that runs throughout the essays in this book is that African legal theory has been excluded, under-explored or under-theorised in the search for solutions to such contemporary problems. The essays make a modest attempt to reverse this trend. The contributors investigate and introduce readers to the key issues, questions, concepts, impulses and problems that underpin the idea of African legal theory. They outline the potential offered by African legal theory and open up its key concepts and impulses for critical scrutiny. This is done in order to develop a better understanding of the extent to which African legal theory can contribute to discourses seeking to address some of the challenges that confront African and non-African societies alike.



Pure Theory Of Law


Pure Theory Of Law
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Author : Hans Kelsen
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2005

Pure Theory Of Law written by Hans Kelsen and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.


Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.



Understanding Jurisprudence


Understanding Jurisprudence
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Author : Raymond Wacks
language : en
Publisher: Oxford University Press, USA
Release Date : 2005

Understanding Jurisprudence written by Raymond Wacks 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 2005 with Droit categories.


Understanding Jurisprudence explores the concept of law and its role within society. Detailing both the traditional and modern jurisprudential theories Raymond Wacks clearly relates these often complex arguments to the nature and purpose of our current legal systems. This book reveals the intriguing and challenging nature of jurisprudence with clarity and enthusiasm. Without avoiding the complexities and subtleties of the subject, the author provides an illuminating guide to the central questions of legal theory. An experienced teacher of jurisprudence and distinguished writer in the field, his approach is stimulating, accessible, and entertaining.



Kelsen Revisited


Kelsen Revisited
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Author : Luís Duarte d'Almeida
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-07-18

Kelsen Revisited written by Luís Duarte d'Almeida and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.


Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself.



Frontiers Of Legal Theory


Frontiers Of Legal Theory
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Author : Richard A. Posner
language : en
Publisher: Harvard University Press
Release Date : 2004-03

Frontiers Of Legal Theory written by Richard A. Posner and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-03 with Business & Economics categories.


The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.



Philosophy Of Law


Philosophy Of Law
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Author : Mark Tebbit
language : en
Publisher: Psychology Press
Release Date : 2005

Philosophy Of Law written by Mark Tebbit and has been published by Psychology Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.


"Simultaneously published in the USA and Canada."



Routledge Handbook Of Law And Theory


Routledge Handbook Of Law And Theory
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Author : Andreas Philippopoulos-Mihalopoulos
language : en
Publisher: Routledge
Release Date : 2018-08-06

Routledge Handbook Of Law And Theory written by Andreas Philippopoulos-Mihalopoulos and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-06 with Law categories.


This handbook sets out an innovative approach to the theory of law, reconceptualising it in a material, embodied, socially contextualised and politically radical way. The book consists of original contributions authored by prominent academics, all of whom provide a valuable overview of legal theory as a discipline. The book contains five sections: • Spatiotemporal • Sense • Body • Text • Matter Through this structure, the handbook brings the law into active discussion with other disciplines, as well as supra-disciplinary debates on the areas of spatiality, temporality, materiality, corporeality and sensorial studies, capturing the most exciting developments in current legal theory, and anticipating future research in the area. The handbook is essential reading for scholars and students of jurisprudence, sociology of law, critical legal studies, socio-legal theory and interdisciplinary legal studies, as well as those people from other disciplines interested in the way the law converses with interdisciplinarity. Chapter 12 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.



Legal Doctrinal Scholarship


Legal Doctrinal Scholarship
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Author : Bódig, Mátyás
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-07-31

Legal Doctrinal Scholarship written by Bódig, Mátyás and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-31 with Law categories.


Providing a comprehensive account of the often-misunderstood area of legal doctrinal scholarship, this incisive book offers a novel framing for conceptual legal theory and the functions of conceptual theorising in legal studies. It explores the ways in which a doctrinally oriented legal theory may provide methodological support to legal scholars, arguing that making adequate sense of the rational reconstruction of law is pivotal in delivering such active support.



The Making Of Constitutional Democracy


The Making Of Constitutional Democracy
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Author : Paolo Sandro
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-01-27

The Making Of Constitutional Democracy written by Paolo Sandro and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-27 with Law categories.


This open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.