Legal Positivism In American Jurisprudence
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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.
Law As A Moral Judgment
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Author : Deryck Beyleveld
language : en
Publisher: Burns & Oates
Release Date : 1994
Law As A Moral Judgment written by Deryck Beyleveld and has been published by Burns & Oates this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Political Science categories.
The philosophical debate about the concept of Law is dominated by two traditions: Legal Positivism and Natural-Law Theory. Within Anglo-American Jurisprudence, Legal Positivism is unquestionably the more popular approach. Whilst in recent years there have been a number of assaults upon this ruling view, opposition to Legal Positivism is still very much at the margins of contempory Jurisprudence, The authors of this major work argue, however, that Legal Positivism should be rejected, contending that it is incorrect not in some minor detail but in what they take to be its central tenet, the thesis that the concept of law is morally neutral. Their contention amounts to a rejection of Legal Positivism in favour of Natural-Law Theory. Law as a Moral Judgment is an important and controversial contribution to Jurisprudence. It puts forward a coherent and well argued case which will have to be answered by those of opposed opinion.
The American Jurisprudence Reader
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Author : Thomas Anthony Cowan
language : en
Publisher:
Release Date : 1956
The American Jurisprudence Reader written by Thomas Anthony Cowan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1956 with Law categories.
On Philosophy In American Law
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Author : Francis J. Mootz
language : en
Publisher: Cambridge University Press
Release Date : 2009-03-23
On Philosophy In American Law written by Francis J. Mootz 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 2009-03-23 with Law categories.
Original essays by 38 leading legal theorists mark the 75th anniversary of Karl Llewellyn's essay 'On Philosophy in American Law.'
Anglo American Philosophy Of Law
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Author : Beryl Harold Levy
language : en
Publisher: Transaction Publishers
Release Date :
Anglo American Philosophy Of Law written by Beryl Harold Levy 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.
An account of successive legal theories in England and America against a background of the varieties of natural law in the ancient, medieval and modern worlds. The outcome in Legal Realism provides insight into contemporary issues in law and the judicial process and their relation to moral philosophy. As Levy shows, legal theory has always been inspired by forces outside the law in philosophy and politics. In England the philosophy of Utilitarianism as expounded by Bentham and Austin brought legal positivism into prominence as an alternative to natural law. In the United States the philosophy of pragmatism spearheaded by James and Dewey and shared by Justice Holmes gave the functional turn resulting in the movement of Legal Realism. After sketching the background of varieties of natural law in the ancient, medieval, and modern worlds, Levy presents leading figures and trends in England and the United States. The book is written so as to be intelligible to lawyers, philosophers, and students of cultural history and social science.
Legal Realism And Twentieth Century American Jurisprudence
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Author : Gary Jan Aichele
language : en
Publisher: Garland Publishing
Release Date : 1990
Legal Realism And Twentieth Century American Jurisprudence written by Gary Jan Aichele and has been published by Garland Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Law categories.
Legality
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Author : Scott J. Shapiro
language : en
Publisher: Harvard University Press
Release Date : 2013-09-02
Legality written by Scott J. Shapiro and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-02 with Science categories.
What is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H. L. A. Hart. Yet many others find it perplexing. How could we possibly know how to answer such an abstract question? And what would be the point of doing so? In Legality, Scott Shapiro argues that the question is not only meaningful but vitally important. In fact, many of the most pressing puzzles that lawyers confront—including who has legal authority over us and how we should interpret constitutions, statutes, and cases—will remain elusive until this grand philosophical question is resolved. Shapiro draws on recent work in the philosophy of action to develop an original and compelling answer to this age-old question. Breaking with a long tradition in jurisprudence, he argues that the law cannot be understood simply in terms of rules. Legal systems are best understood as highly complex and sophisticated tools for creating and applying plans. Shifting the focus of jurisprudence in this way—from rules to plans—not only resolves many of the most vexing puzzles about the nature of law but has profound implications for legal practice as well. Written in clear, jargon-free language, and presupposing no legal or philosophical background, Legality is both a groundbreaking new theory of law and an excellent introduction to and defense of classical jurisprudence.
The Law In Quest Of Itself
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Author : Lon L. Fuller
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 1999
The Law In Quest Of Itself written by Lon L. Fuller and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
Fuller, Lon L. The Law in Quest of Itself. Boston: Beacon Press, 1966. [vi], 150 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-32863. ISBN-13: 978-1-58477-016-9. ISBN-10: 1-58477-016-3. Cloth. $60.* Three lectures by the Harvard Law School professor examine legal positivism and natural law. In the course of his analysis Fuller discusses Kelsen's theory as a reactionary theory, and Hobbes' theory of sovereignty. He defines legal positivism as the viewpoint that draws a distinction "between the law that is and the law that ought to be..." (p.5) and interprets natural law as that which tolerates a combination of the two. He looks at the effects of positivism's continued influence on American legal thinking and concludes that law as a principle of order is necessary in a democracy.
Formalism And Pragmatism In American Law
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Author : Thomas C. Grey
language : en
Publisher: BRILL
Release Date : 2014-09-03
Formalism And Pragmatism In American Law written by Thomas C. Grey and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-03 with Law categories.
In Formalism and Pragmatism in American Law Thomas Grey gives a full account of each of these modes of legal thought, with particular attention to the versions of them promulgated by their influential exponents Christopher Columbus Langdell and Oliver Wendell Holmes, Jr. Grey argues that legal pragmatism as understood by Holmes is the best jurisprudential framework for a modern legal system. He enriches his theoretical account with treatments of central issues in three important areas of law in the United States: constitutional interpretation, property, and torts.
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.