Judging Positivism
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Judging Positivism
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Author : Margaret Martin
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
Judging Positivism written by Margaret Martin and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
Judging Positivism is a critical exploration of the method and substance of legal positivism. Margaret Martin is primarily concerned with the manner in which theorists who adopt the dominant positivist paradigm ask a limited set of questions and offer an equally limited set of answers, artificially circumscribing the field of legal philosophy in the process. The book focuses primarily but not exclusively on the writings of prominent legal positivist, Joseph Raz. Martin argues that Raz's theory has changed over time and that these changes have led to deep inconsistencies and incoherencies in his account. One re-occurring theme in the book is that Razian positivism collapses from within. In the process of defending his own position, Raz is led to support the views of many of his main rivals, namely, Ronald Dworkin, the legal realists and the normative positivists. The internal collapse of Razian positivism proves to be instructive. Promising paths of inquiry come into view and questions that have been suppressed or marginalised by positivists re-emerge ready for curious minds to reflect on anew. The broader vision of jurisprudential inquiry defended in this book re-connects philosophy with the work of practitioners and the worries of law's subjects, bringing into focus the relevance of legal philosophy for lawyers and laymen alike.
Judging Positivism
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Author : Margaret Martin
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
Judging Positivism written by Margaret Martin and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
Judging Positivism is a critical exploration of the method and substance of legal positivism. Margaret Martin is primarily concerned with the manner in which theorists who adopt the dominant positivist paradigm ask a limited set of questions and offer an equally limited set of answers, artificially circumscribing the field of legal philosophy in the process. The book focuses primarily but not exclusively on the writings of prominent legal positivist, Joseph Raz. Martin argues that Raz's theory has changed over time and that these changes have led to deep inconsistencies and incoherencies in his account. One re-occurring theme in the book is that Razian positivism collapses from within. In the process of defending his own position, Raz is led to support the views of many of his main rivals, namely, Ronald Dworkin, the legal realists and the normative positivists. The internal collapse of Razian positivism proves to be instructive. Promising paths of inquiry come into view and questions that have been suppressed or marginalised by positivists re-emerge ready for curious minds to reflect on anew. The broader vision of jurisprudential inquiry defended in this book re-connects philosophy with the work of practitioners and the worries of law's subjects, bringing into focus the relevance of legal philosophy for lawyers and laymen alike.
Common Law Judging
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Author : Douglas E Edlin
language : en
Publisher: University of Michigan Press
Release Date : 2016-07-29
Common Law Judging written by Douglas E Edlin 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 2016-07-29 with Political Science categories.
Moving beyond the subjectivity-objectivity debate, Edlin presents a case for intersubjectivity
Legal Positivism
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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.
Judges Against Justice
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Author : Hans Petter Graver
language : en
Publisher: Springer
Release Date : 2014-09-11
Judges Against Justice written by Hans Petter Graver and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-11 with Law categories.
This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?
Prescriptive Legal Positivism
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Author : Tom Campbell
language : en
Publisher: Psychology Press
Release Date : 2004
Prescriptive Legal Positivism written by Tom Campbell and has been published by Psychology Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
This collection of Tom Campbell's essays reaches back to his pioneering work on socialist rights in the 1980s and forward from his seminal book, The Legal Theory of Ethical Positivism (1996).
Law Morality And Legal Positivism
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Author : International Association for Philosophy of Law and Social Philosophy. World Congress
language : en
Publisher: Franz Steiner Verlag
Release Date : 2004
Law Morality And Legal Positivism written by International Association for Philosophy of Law and Social Philosophy. World Congress and has been published by Franz Steiner Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
Contents P. Capps: Positivism in Law and International Law D. von Daniels: Is Positivism a State Centered Theory? K. E. Himma: Legal Positivism's Conventionality Thesis and the Methodology of Conceptual Analysis R. Nunan: A Modest Rehabilitation of the Separability Thesis A. Oladosu: Choosing Legal Theory on Cultural Grounds: An African Case for Legal Positivism C. Orrego: Hart's Last Legal Positivism: Morality Might Be Objective; Legality Certainly is Not M. Pavcnik: Die (Un)Produktivitat der Positivistischen Jurisprudenz M. Haase: The Hegelianism in Kelsen's Pure Theory of Law S. Papaefthymiou: The House Kelsen Built U. J. Pak: Legal Practitioners' Need of Reflective Application of Legal Philosophy in Korea U. Schmill: Jurisprudence and the Concept of Revolution D. Venema: Judicial Discretion: a Necessary Evil? J. Baker: Rights, Obligations, and Duties, and the Intersection of Law, Conventions and Morals S. Bertea: Legal Systems' Claim to Normativity and the Concept of Law J. Dalberg-Larsen: On the Relevance of Habermas and Theories of Legal Pluralism for the Study of Environmental Law A. Philippopoulos-Mihalopoulos: A Connection of No-Connection in Luhmann and Derrida.
Law S Premises Law S Promise
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Author : Thomas Morawetz
language : en
Publisher: Routledge
Release Date : 2019-07-16
Law S Premises Law S Promise written by Thomas Morawetz and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-16 with Social Science categories.
This title was first published in 2000: The author is a legal and moral philosopher who has applied the insight and methods of Wittgenstein to a range of topics in constitutional law, criminal law and theories of justice. This collection offers his most important and influential essays, together with an introductory essay which reviews and develops his contribution to legal and moral philosophy.
Judicial Power Democracy And Legal Positivism
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Author : Tom D. Campbell
language : en
Publisher: Routledge
Release Date : 2017-03-02
Judicial Power Democracy And 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 2017-03-02 with Law categories.
In this book, a distinguished international group of legal theorists re-examine legal positivism as a prescriptive political theory and consider its implications for the constitutionally defined roles of legislatures and courts. The issues are illustrated with recent developments in Australian constitutional law.
In Defense Of Legal Positivism
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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.