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Law Without Values


Law Without Values
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Law Without Values


Law Without Values
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Author : Albert W. Alschuler
language : en
Publisher: University of Chicago Press
Release Date : 2000

Law Without Values written by Albert W. Alschuler and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Biography & Autobiography categories.


Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him.



Law Without Values


Law Without Values
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Author : Albert W. Alschuler
language : en
Publisher: University of Chicago Press
Release Date : 2000-12-01

Law Without Values written by Albert W. Alschuler and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-12-01 with Biography & Autobiography categories.


In recent decades, Oliver Wendell Holmes has been praised as "the only great American legal thinker" and "the most illustrious figure in the history of American law." But in Albert Alschuler's critique of both Justice Holmes and contemporary legal scholarship, a darker portrait is painted—that of a man who, among other things, espoused Social Darwinism, favored eugenics, and, as he himself acknowledged, came "devilish near to believing that might makes right."



Law Without Values


Law Without Values
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Author : Albert W. Alschuler
language : en
Publisher: Turtleback
Release Date : 2002-03-01

Law Without Values written by Albert W. Alschuler and has been published by Turtleback this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-03-01 with Biography & Autobiography categories.


In recent decades, Oliver Wendell Holmes has been praised as "the only great American legal thinker" and "the most illustrious figure in the history of American law." But in Albert Alschuler's critique of both Justice Holmes and contemporary legal scholarship, a darker portrait is painted-that of a man who, among other things, espoused Social Darwinism, favored eugenics, and, as he himself acknowledged, came "devilish near to believing that might makes right."



Law Without Force


Law Without Force
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Author : Gerhart Niemeyer
language : en
Publisher: Routledge
Release Date : 2018-01-16

Law Without Force written by Gerhart Niemeyer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-16 with Law categories.


Law Without Force is a landmark in political and social philosophy. It proposes nothing less than a completely new basis for international law. As relevant today as when it was first published nearly sixty years ago, it commands the attention of all concerned with what the future may bring to the law of nations. The great scope of Niemeyer's undertaking draws respect even from those who disagree with his challenging analysis of the historical past and his suggestions for the future of international law. In his new introduction, Michael Henry observes that Law Without Force provides us with a foundation of Niemeyer's thinking. Published in 1941, when Hitler was swallowing up Europe, this volume shows how a first-rate mind grappled with a legal, historical, social, and ultimately metaphysical problem. It provides in detail the reasoning behind Niemeyer's rejection of a foreign policy based on morality and his distinction between authoritarian and totalitarian governments; and it provides us with the first stage of his lengthy and prodigious effort to understand "this terrible century." It is a book that no serious student of Niemeyer can afford to ignore. At the very heart of the author's vigorous discussion may be found his rejection of a moral basis for international law and his suggestion that a functional basis should be substituted for it. The book incisively reviews the relation between traditional international law and the changing structure of international politics concluding that the traditional system of law has operated as an agency of disharmony and conflict. After an investigation of the traditional legal system, the author then asks, "What type of law fits the social structure of this modern world?" The answers are presented in the last part of the book, as Neimeyer offers his case for a functional system of law, divorced from moral exhortations or appeals to shattered authority. Philosophy, sociology, and legal theory are brilliantly interwoven in this volume, which will engage serious readers interested in political and social theory.



Criminal Law Without Punishment


Criminal Law Without Punishment
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Author : Valerij Zisman
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2023-09-05

Criminal Law Without Punishment written by Valerij Zisman and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-05 with Philosophy categories.


How can criminal punishment be morally justified? Zisman addresses this classical question in legal philosophy. He provides two maybe surprising answers to the question. First, as for a methodological claim, it argues that this question cannot be answered by philosophers and legal scholars alone. Rather, we need to take into account research from social psychology, economy, anthropology, and so on in order to properly analyze the arguments in defense of criminal punishment. Second, the book argues that when such research is properly accounted for, none of the current attempts to justify criminal punishment succeed. But that does not imply that the state should do nothing about criminal wrongdoing. Rather, the arguments that were supposed to justify criminal punishment actually speak in favor of an alternative approach to criminal law: restitution to the victim and restorative justice. That is to say, the state should coerce offenders to provide restitution for the harm inflicted on victims, and whenever possible restorative approaches should be taken to address criminal wrongdoing.



Contract Law Without Foundations


Contract Law Without Foundations
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Author : Prince Saprai
language : en
Publisher: Oxford University Press
Release Date : 2019-02-28

Contract Law Without Foundations written by Prince Saprai 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 2019-02-28 with Law categories.


This book advances a theoretical account of contract law, grounded in value pluralism. Arguing against attempts to delineate branches of legal doctrine by reference to single unifying values, the book suggests that a field such as contract law can only be explained and justified by the interaction of a multiplicity of moral values. In recent times, the philosophy of contract law has been dominated by the 'promise theory', according to which the morality of promise provides a 'blueprint' for the structure, shape, and content that contract law rules and doctrines should take. The promise theory is an example of what this book calls a 'foundationalist' theory, whereby areas of law reflect or are underlain by particular moral principles or sets of such principles. By considering contract law from the point of view of its theory, rules and doctrines, and broader political context, the book argues that the promise theory can only ever offer part of the picture. The book claims that 'top-down' theories of contract law such as the promise theory and its bitter rival the economic analysis of law seriously mishandle legal doctrine by ignoring or underplaying the irreducible plurality of values that shape contract law. The book defends the role of this multiplicity of values in forging contract doctrine by developing from the 'ground-up' a radical and distinctly republican reinterpretation of the field. The book encourages readers to move away from a 'top-down' theory of contract law such as the promise theory and instead embrace a distinctly republican approach to contract law that would justify the legal rules and doctrines we find in particular jurisdictions at particular times.



Law Culture And Values


Law Culture And Values
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Author : Sava Alexander Vojcanin
language : en
Publisher: Transaction Publishers
Release Date :

Law Culture And Values written by Sava Alexander Vojcanin and has been published by Transaction Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on with Law categories.


This festschrift, in honor of the work of Gray L. Dorsey, covers their major areas of his lifelong commitment to the culture and jurisprudence of law in an historical and comparative, East-West context. Within his normative framework, Dorsey took account of the crisis in positivism, Marxism, and alternative conceptions of value in the law. His work emphasized intercultural conflicts in a societal and global environment without surrendering the sense of western culture and its special contributions to legal and moral thought. The volume, originally prepared as a special issue of the Washington University Law Quarterly, has the benefit of an urbane new opening essay by Professor Vojcanin, which seeks to show how jurisculture is a "treasure map one may use to unearth the holes in which justice was hidden." It also contains a special essay by Gray Dorsey to conclude the volume in which he offers his current views on the philosophy of law and social theory in general. The volume is vigorous in its analysis, and central to any serious appraisal of the status of the philosophy of international law at this stage in history. The essays by Abraham Edel, Elizabeth Flower, Harold J. Berman, and Iredell Jenkins give special attention to this theme. The chapters by Jerome Hall, Herbert H.P. Ma, and Thomas H. Fang each take up a central issue in the relationship of world religion to world law. A third set of papers--by Edward McWhinney, Palitha T.B. Kohona, and Jacob W.F. Sundberg, discuss the major sociological implications of Dorsey's type of legal theory--with figures from Karl Marx, Max Weber, and F.S.C. Northrop covered in detail. For three decades, Gray L. Dorsey has contributed to comparative legal systems, emphasizing through his novel method of reasoning--jurisculture--a synthesis of empirical investigation and legal reasoning. Dorsey's work focuses on a set of meanings derived without reference to observed events, but by the adaptation and use of fundamental beliefs to organize and govern human cooperation. Gray L. Dorsey is Charles Nagel Professor Emeritus of Jurisprudence at International Law at Washington University Law School in St. Louis. He is the author of, among other works, Beyond the United States: Changing Discourse in International Politics and Law, and Jurisculture--the first two volumes, on Greece and Rome, and on India and China are now published by Transaction Publishers--with an additional five volumes remaining to complete this massive project. He is a past president of the International Association for Philosophy of Law and Social Philosophy.



The Cloaking Of Power


The Cloaking Of Power
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Author : Paul O. Carrese
language : en
Publisher: University of Chicago Press
Release Date : 2010-02-15

The Cloaking Of Power written by Paul O. Carrese and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-15 with Law categories.


How did the US judiciary become so powerful—powerful enough that state and federal judges once vied to decide a presidential election? What does this prominence mean for the law, constitutionalism, and liberal democracy? In The Cloaking of Power, Paul O. Carrese provides a provocative analysis of the intellectual sources of today’s powerful judiciary, arguing that Montesquieu, in his Spirit of the Laws, first articulated a new conception of the separation of powers and strong but subtle courts. Montesquieu instructed statesmen to “cloak power” by placing judges at the center of politics, while concealing them behind juries and subtle reforms. Tracing this conception through Blackstone, Hamilton, and Tocqueville, Carrese shows how it led to the prominence of judges, courts, and lawyers in America today. But he places the blame for contemporary judicial activism squarely at the feet of Oliver Wendell Holmes Jr. and his jurisprudential revolution, which he believes to be the source of the now-prevalent view that judging is merely political. To address this crisis, Carrese argues for a rediscovery of an independent judiciary—one that blends prudence and natural law with common law and that observes the moderate jurisprudence of Montesquieu and Blackstone, balancing abstract principles with realistic views of human nature and institutions. He also advocates for a return to the complex constitutionalism of the American founders and Tocqueville and for judges who understand their responsibility to elevate citizens above individualism, instructing them in law and right.



Journal Of Legal Studies


Journal Of Legal Studies
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Author :
language : en
Publisher:
Release Date :

Journal Of Legal Studies written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with Law categories.




Values Of Our Times


Values Of Our Times
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Author : Deshun Li
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-06-01

Values Of Our Times written by Deshun Li 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 2013-06-01 with Philosophy categories.


Philosophers have gradually accepted axiology as one branch of philosophy. As a basic category belonging to axiology and philosophy, "value" is the general abstraction of concrete value formation in various fields including utility, ethics and appreciation of the beauty. The problem of value is essentially a problem of historical activities of practice in human society. The axiology based on the scientific practice view insists on the principle of unification between theory and practice, truth and value. In research of axiology, the relation between subjectivity and objectivity of values is a problem that must be solved in the first place. The modern conversation of value philosophy is the academic and practical demands of the value philosophy research in China. Value evaluation is an important part of the axiology. In order to deepen the research of value philosophy and to promote the development of current value philosophy, we must have scientific mode of thinking suitable for the nature of value. It is the base of value relation, the origin of value needs, the process of value creation and actualization and the fundamental way to proving ones value as a human being.​