Legal Positivism
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An Institutional Theory Of Law
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Author : N. MacCormick
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-04-17
An Institutional Theory Of Law written by N. MacCormick 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 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.
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.
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.
The Autonomy Of Law
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Author : Robert P. George
language : en
Publisher: Clarendon Press
Release Date : 1999
The Autonomy Of Law written by Robert P. George and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Electronic books categories.
This collection of essays from legal philosophers offers an assessment of the nature and viability of legal positivism. It addresses questions such as: to what extent is the law adequately described as autonomous?; and should legal theorists maintain a conceptual separation of law and morality?.
Legal Positivism Oxford Bibliographies Online Research Guide
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Author : Oxford University Press
language : en
Publisher: Oxford University Press, USA
Release Date : 2010-06-01
Legal Positivism Oxford Bibliographies Online Research Guide written by Oxford University Press 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 2010-06-01 with Philosophy categories.
This ebook is a selective guide designed to help scholars and students of social work find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated related. This ebook is a static version of an article from Oxford Bibliographies Online: Philosophy, a dynamic, continuously updated, online resource designed to provide authoritative guidance through scholarship and other materials relevant to the study Philosophy. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.oxfordbibligraphies.com.
The Invisible Origins Of Legal Positivism
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Author : W.E. Conklin
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
The Invisible Origins Of Legal Positivism written by W.E. Conklin 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 2012-12-06 with Philosophy categories.
Conklin's thesis is that the tradition of modern legal positivism, beginning with Thomas Hobbes, postulated different senses of the invisible as the authorising origin of humanly posited laws. Conklin re-reads the tradition by privileging how the canons share a particular understanding of legal language as written. Leading philosophers who have espoused the tenets of the tradition have assumed that legal language is written and that the authorising origin of humanly posited rules/norms is inaccessible to the written legal language. Conklin's re-reading of the tradition teases out how each of these leading philosophers has postulated that the authorising origin of humanly posited laws is an unanalysable externality to the written language of the legal structure. As such, the authorising origin of posited rules/norms is inaccessible or invisible to their written language. What is this authorising origin? Different forms include an originary author, an a priori concept, and an immediacy of bonding between person and laws. In each case the origin is unwritten in the sense of being inaccessible to the authoritative texts written by the officials of civil institutions of the sovereign state. Conklin sets his thesis in the context of the legal theory of the polis and the pre-polis of Greek tribes. The author claims that the problem is that the tradition of legal positivism of a modern sovereign state excises the experiential, or bodily, meanings from the written language of the posited rules/norms, thereby forgetting the very pre-legal authorising origin of the posited norms that each philosopher admits as offering the finality that legal reasoning demands if it is to be authoritative.
Legal Positivism
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Author : Samuel I. Shuman
language : en
Publisher: Detroit : Wayne University Press
Release Date : 1963
Legal Positivism written by Samuel I. Shuman and has been published by Detroit : Wayne University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963 with Law categories.
Legal Positivism In American Jurisprudence
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Author : Anthony J. Sebok
language : en
Publisher: Cambridge University Press
Release Date : 1998-10-28
Legal Positivism In American Jurisprudence written by Anthony J. Sebok 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 1998-10-28 with Law categories.
This work represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought.
Critical Legal Positivism
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Author : Kaarlo Tuori
language : en
Publisher: Routledge
Release Date : 2017-03-02
Critical Legal Positivism written by Kaarlo Tuori 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.
This profound and scholarly treatise develops a critical version of legal positivism as the basis for modern legal scholarship. Departing from the formalism of Hart and Kelsen and blending the European tradition of Weber, Habermas and Foucault with the Anglo-American contributions of Dworkin and MacCormick, Tuori presents the normative and practical faces of law as a multilayered phenomenon within which there is an important role for critical legal dogmatics in furthering law's self-understanding and coherence. Its themes also resonate with importance for the development of the European legal system.