Law S Claim To Correctness
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Law S Claim To Correctness
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Author : Maria Claudia Quimbayo Duarte
language : en
Publisher: Nomos Verlag
Release Date : 2020-11-19
Law S Claim To Correctness written by Maria Claudia Quimbayo Duarte and has been published by Nomos Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-19 with Law categories.
The book describes the main concepts of the correctness thesis. The second part presents a reconstruction of the claim to correctness in some classical legal theories. For instance, it explains the thesis that we can find two different references to claims in Kelsen ́s theory, therefore allusions to a kind of classifying and qualifying connections. About Fuller one can find the idea that he introduces not only a procedural moral claim but also a substantive one. With respect to Radbruch, the book holds the idea that the correctness thesis can be found in his theory since 1932. The third part considers some main objections against the claim to correctness especially that proposed by Joseph Raz and John Finnis among others.
Law S Claim To Correctness
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Author : Maria Claudia Quimbayo Duarte
language : en
Publisher:
Release Date : 2020-11
Law S Claim To Correctness written by Maria Claudia Quimbayo Duarte and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11 with categories.
The book describes the main concepts of the correctness thesis. The second part presents a reconstruction of the claim to correctness in some classical legal theories. For instance, it explains the thesis that we can find two different references to claims in Kelsens theory, therefore allusions to a kind of classifying and qualifying connections. About Fuller one can find the idea that he introduces not only a procedural moral claim but also a substantive one. With respect to Radbruch, the book holds the idea that the correctness thesis can be found in his theory since 1932. The third part considers some main objections against the claim to correctness especially that proposed by Joseph Raz and John Finnis among others.
Law Rights And Discourse
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Author : George Pavlakos
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-07-11
Law Rights And Discourse written by George Pavlakos and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07-11 with Law categories.
A philosophical system is not what one would expect to find in the work of a contemporary legal thinker. Robert Alexy's work counts as a striking exception. Over the past 28 years Alexy has been developing, with remarkable clarity and consistency, a systematic philosophy covering most of the key areas of legal philosophy. Kantian in its inspiration, his work admirably combines the rigour of analytical philosophy with a repertoire of humanitarian ideals reflecting the tradition of the Geisteswissenschaften, rendering it one of the most far-reaching and influential legal philosophies in our time. This volume has been designed with two foci in mind: the first is to reflect the breadth of Alexy's philosophical system, as well as the varieties of jurisprudential and philosophical scholarship in the last three decades on which his work has had an impact. The second objective is to provide for a critical exchange between Alexy and a number of specialists in the field, with an eye to identifying new areas of inquiry and offering a new impetus to the discourse theory of law. To that extent, it was thought that a critical exchange such as the one undertaken here would most appropriately reflect the discursive and critical character of Robert Alexy's work. The volume is divided into four parts, each dealing with a key area of Alexy's contribution. A final section brings together concise answers by Robert Alexy. In composing these, Alexy has tried to focus on points and criticisms that address new aspects of discourse theory or otherwise point the way to future developments and applications. With its range of topics of coverage, the number of specialists it engages and the originality of the answers it provides, this collection will become a standard work of reference for anyone working in legal theory in general and the discourse theory of law in particular.
Law S Ideal Dimension
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Author : Robert Alexy
language : en
Publisher: Oxford University Press
Release Date : 2021-07-16
Law S Ideal Dimension written by Robert Alexy 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 2021-07-16 with Law categories.
Law's Ideal Dimension provides a comprehensive account in English of renowned legal theorist Robert Alexy's understanding of jurisprudence, as expanded upon from his publications A Theory of Legal Argumentation (OUP 1989), A Theory of Constitutional Rights (OUP 1985), and The Argument from Injustice (OUP 1992). The collection is divided into three parts. Part One concerns the nature of law: it explores its real and ideal dimensions and how the ideal dimension of law is sometimes employed but does not play a systematically important role. Part Two discusses constitutional rights, human rights, and proportionality. It defends the construction of constitutional rights as principles against objections raised by the rule construction and elaborates on the nature of constitutional rights as well as the mathematical balancing of those rights. Part Three concerns the relation between argumentation, correctness, and law. The author concludes this volume with a biographical reflection.
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.
The Argument From Injustice
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Author : Robert Alexy
language : en
Publisher: Oxford University Press on Demand
Release Date : 2010
The Argument From Injustice written by Robert Alexy and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law. While the conceptual argument alone is too limited to establish a sufficiently strong connection between law and morality, and the normative argument alone fails to address the nature of law, the two arguments together support a nonpositivistic concept of law, toppling legal positivism qua comprehensive theory of law. The author makes his case within a conceptual framework of five distinctions that can be variously combined to represent a multiplicity of presuppositions or perspectives underlying the enquiry into the relationship of law and morality. In this context, it can indeed be shown that there are perspectives that bespeak solely a positivistic concept of law. The decisive point, however, is that there is a perspective, necessary to the law, that necessarily presupposes a nonpositivistic concept of law. This is the perspective of a participant in the legal system, asking for the correct answer to a legal question in this legal system. The participant-thesis is demonstrated by appeal to Gustav Radbruch's formula (extreme injustice is not law) and to the judge's balancing of principles in deciding a concrete case. The author arrives at a concept of law that systematically links classical elements of legal positivism - authoritative issuance and social efficacy - with the desideratum of nonpositivistic legal theory, correctness of content.
The Cambridge Companion To Legal Positivism
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Author : Torben Spaak
language : en
Publisher: Cambridge University Press
Release Date : 2021-02-04
The Cambridge Companion To Legal Positivism written by Torben Spaak 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 2021-02-04 with Law categories.
The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
Institutionalized Reason The Jurisprudence Of Robert Alexy
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Author : Matthias Klatt
language : en
Publisher: OUP Oxford
Release Date : 2012-02-23
Institutionalized Reason The Jurisprudence Of Robert Alexy written by Matthias Klatt and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-23 with Law categories.
This volume gathers leading figures from legal philosophy and constitutional theory to offer a critical examination of the work of Robert Alexy. The contributions explore the issues surrounding the complex relations between rights, law, and morality and reflect on Alexy's distinctive work on these issues. The focus across the contributions is on Alexy's main pre-occupations - his anti-positivist views on the nature of law, his approach to the nature of legal reasoning, and his understanding of constitutional rights as legal principles. In an extended response to the contributions in the volume, Alexy develops his views on these central issues. The volume's juxtaposition of Anglo-American and German perspectives brings into focus the differences as well as the prospect of cross-fertilization between Continental and Anglo-American work in jurisprudence.
The Law In Philosophical Perspectives
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Author : Luc J. Wintgens
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-04-17
The Law In Philosophical Perspectives written by Luc J. Wintgens 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.
In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.
Jurisprudence Or Legal Science
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Author : Sean Coyle
language : en
Publisher: Bloomsbury Publishing
Release Date : 2005-05-31
Jurisprudence Or Legal Science written by Sean Coyle and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-05-31 with Law categories.
Modern jurisprudence embodies two distinct traditions of thought about the nature of law. The first adopts a scientific approach which assumes that all legal phenomena possess universal characteristics that may be used in the analysis of any type of legal system. The main task of the legal philosopher is to disclose and understand such characteristics,which are thought to be capable of establishment independently of any moral or political values which the law might promote, and of any other context-dependent features of legal systems. Another form of jurisprudential reflection views the law as a complex form of moral arrangement which can only be analysed from within a system of reflective moral and political practices. Rather than conducting a search for neutral standpoints or criteria, this second form of theorising suggests that we uncover the nature and purpose of the law by reflecting on the dynamic properties of legal practice. Can legal philosophy aspire to scientific values of reasoning and truth? Is the idea of neutral standpoints an illusion? Should legal theorising be limited to the analysis of particular practices? Are the scientific and juristic approaches in the end as rigidly distinct from one another as some have claimed? In a series of important new essays the authors of Jurisprudence or Legal Science? attempt to answer these and other questions about the nature of jurisprudential thinking, whilst emphasising the connection of such 'methodological' concerns to the substantive legal issues which have traditionally defined the core of jurisprudential speculation. The list of contributors includes R. Alexy, S. Coyle, J. Gorman, C. Heidemann, P. Leith, J. Morison, G. Pavlakos and V. Rodriguez-Blanco.