Legal Naturalism
DOWNLOAD
Download Legal Naturalism PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Legal Naturalism 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
Analytical Legal Naturalism
DOWNLOAD
Author : Samuel Zinaich, Jr.
language : en
Publisher: Rowman & Littlefield
Release Date : 2020-07-15
Analytical Legal Naturalism written by Samuel Zinaich, Jr. and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-15 with Philosophy categories.
In legal jurisprudence, the phenomenon of “hard cases” presents itself as a dilemma between the legal positivists and the natural law realists. Of the former, without the metaphysical underpinnings of an objective legal or moral standard, the legal positivists cannot supply convincing arguments to supplant the sovereign as the origin and authority of law. The natural law realists face the problem of justifying the natural law. Against both views, S. Zinaich Jr. defends a middle position, Analytical Legal Naturalism (ALN). It represents an analytic norm, both necessarily true and known a posteriori. Against the legal positivists, it supplies an objective legal standard by removing--at least for hard cases--the necessity of the will of a sovereign authority. Against the natural law realists, ALN provides a nonmoral standard which, because of its analyticity and necessity, avoids the need for metaethical speculation. Finally, ALN provides a standard that not only supplies the universalizable punch to avoid political subjectivism, but does so in a conventional manner. Thus, ALN does not require a moral or modal reality as truth-making characteristics. Rather, it makes what is legally valuable or disvaluable dependent upon empirically verifiable facts that are legally relevant.
Analytical Legal Naturalism
DOWNLOAD
Author : S. ZINAICH (JR.)
language : en
Publisher: Lexington Books
Release Date : 2020-05-15
Analytical Legal Naturalism written by S. ZINAICH (JR.) and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-15 with Law categories.
This book argues that analytical legal naturalism, which avoids the arbitrary principles associated with legal positivism and the odd properties associated with natural law, is a superior alternative for solving hard legal cases, where no close precedent arises or where conflicting precedents seem relevant.
Legal Naturalism
DOWNLOAD
Author : Olufemi Taiwo
language : en
Publisher: Cornell University Press
Release Date : 2015-11-12
Legal Naturalism written by Olufemi Taiwo and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-12 with Law categories.
Legal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence. It explicates both Marx's writings and the idea of natural law, and makes a forceful contribution to current debates on the foundations of law. Olufemi Taiwo argues that embedded in the corpus of Marxist writing is a plausible, adequate, and coherent legal theory. He describes Marx's general concept of law, which he calls "legal naturalism." For Marxism, natural law isn't a permanent verity; it refers to the basic law of a given epoch or social formation which is an essential aspect of its mode of production. Capitalist law is thus natural law in a capitalist society and is politically and morally progressive relative to the laws of preceding social formations. Taiwo emphasizes that these formations are dialectical or dynamic, not merely static, so that the law which is naturally appropriate to a capitalist economy will embody tensions and contradictions that replicate the underlying conflicts of that economy. In addition, he discusses the enactment and reform of "positive law"—law established by government institutions—in a Marxian framework.
Legal Naturalism
DOWNLOAD
Author : Olufemi Taiwo
language : en
Publisher:
Release Date : 1986
Legal Naturalism written by Olufemi Taiwo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with categories.
Naturalizing Jurisprudence
DOWNLOAD
Author : Brian Leiter
language : en
Publisher: Oxford University Press, USA
Release Date : 2007
Naturalizing Jurisprudence written by Brian Leiter 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 2007 with Law categories.
Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revisedversions of ten of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect the Realist program to themethodology debate in contemporary jurisprudence; and explore the general implications of a naturalistic world view for problems about the objectivity of law and morality. Leiter has supplied a lengthy new introductory essay, as well as postscripts to several of the essays, in which he responds tochallenges to his interpretive and philosophical claims by academic lawyers and philosophers.This volume will be essential reading for anyone interested in jurisprudence, as well as for philosophers concerned with the consequences of naturalism in moral and legal philosophy.
Naturalism And The Frontiers Of Legal Science
DOWNLOAD
Author : Tomasz Pietrzykowski
language : en
Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
Release Date : 2021-05-27
Naturalism And The Frontiers Of Legal Science written by Tomasz Pietrzykowski and has been published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-27 with categories.
The essay discusses one of the challenges to the methodology of the law - a new wave of naturalistic approaches. The book aims to outline how these new developments affect studying and explaining the law. It distinguishes two fundamentally different models of the scientific inquiry of the law and discusses the nature of its scientific status....
The Natural Law Tradition And Belief
DOWNLOAD
Author : David Ardagh
language : en
Publisher: Nova Science Publishers
Release Date : 2019
The Natural Law Tradition And Belief written by David Ardagh and has been published by Nova Science Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Philosophy categories.
For over twenty centuries, from ancient Greece the ideal of natural law has been appealed to in Western moral and legal philosophy as a grounding for ethics and jurisprudence, centered on capacities of a common "human nature". From the early medieval advent of "Christendom", it was embedded within theistic and religious systems for over a millennium, during which time it was treated as incomplete and part of an enveloping divine law of ethics. Modern agnosticism in theology, religion, and metaphysics then saw natural law unhitched from these associations, but it is still suspect due to its lingering ties with these disciplines and practices. It endured through its meta-ethical capacity to integrate changes in science with ethics via its central notion of wellbeing as the perfection of human nature, via access to "the highest good", however variously understood. Today, nature and human nature's wellbeing, are both endangered. Ecological destruction arising from unbridled growth, industrial pollution, nuclear weapons and mass population displacement though poverty and wars threaten humanity. But in terms of the meta-ethics of wellbeing, both the humanist normative ethics of natural law, and some of its enveloping theistic and religious divine law addenda, can be invoked to address such evils. The book aims to reinvigorate natural law as a unifying ethical organon for this purpose, showing that it can dialogue with its enveloping divine law "overlays" constructively, uncovering its points of essential unity with them, and generating some unified solutions to the global threats mentioned, like poverty. These are largely due to global injustices like tax evasion, the arms trade, and political corruption, which are better prevented by cooperatively agreed and enforced global ideals, norms, and laws, based on natural and divine law, grounding international laws rather than appealing to national norms and laws alone.
Law In Its Own Right
DOWNLOAD
Author : Henrik Olsen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2000-01-01
Law In Its Own Right written by Henrik Olsen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-01-01 with Law categories.
What,precisely, is the relationship between legality and morality? Does legal validity rest upon moral validity? Are legal obligations moral obligations? For some years now schools of jurisprudential Naturalism and Positivism have become increasingly ambiguous in their responses to these questions. Olsen and Toddington argue that equivocation on the central issue here - that of obligation - has brought legal theory to the point where leading legal positivists and natural lawyers no longer retain significant differences. Instead, they allege, we are left with the remnants of what has always been, philosophically, a phoney war. The authors of this lucid and refreshing analysis of the concept of law, arguing from the perspectives of social science and political philosophy, show that jurisprudence must acknowledge that the political, the moral, and the legal are located within a continuum of practical reason, and that law's 'autonomy' from morality can not entail its 'separation' from it.
Naturalizing Jurisprudence
DOWNLOAD
Author : Brian Leiter
language : en
Publisher:
Release Date : 2007
Naturalizing Jurisprudence written by Brian Leiter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Jurisprudence categories.
Gathering together Brian Leiter's most influential essays on the subject of American legal realism, this book provides an overview of his redefinition of legal realism and its relationship with other models of legal and philosophical thought, from naturalism in philosophy to critical legal studies.
The Development Of Naturalist Legal Theory
DOWNLOAD
Author : H. McCoubrey
language : en
Publisher: Routledge
Release Date : 1987-01-01
The Development Of Naturalist Legal Theory written by H. McCoubrey and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987-01-01 with Droit naturel - Histoire categories.