Legislative Intent And Other Essays On Law Politics And Morality
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Legislative Intent And Other Essays On Law Politics And Morality
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Author : Gerald Cushing MacCallum
language : en
Publisher: Univ of Wisconsin Press
Release Date : 1993
Legislative Intent And Other Essays On Law Politics And Morality written by Gerald Cushing MacCallum and has been published by Univ of Wisconsin Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
In the last years of his life, Gerald C. MacCallum, Jr. defied illness to continue his work on the philosophy of law. This book is a monument to MacCallum's effort, containing fourteen of his essays, five of them published here for the first time. Two of those previously published are widely admired and reprinted: "Legislative Intent", certainly one of the best papers published on its topic, and "Negative and Positive Freedom", which offered a new way of looking at a distinction that had been canonical for the last two centuries. To complete MacCallum's unfinished pieces, Marcus G. Singer and Rex Martin painstakingly consulted MacCallum's notes for planned revisions. MacCallum discusses legal reasoning, the application of rules, the interpretation of statutes and constitutional provisions, and the relation of these matters to morality and justice. In the last decade of his working life, he became greatly concerned with the interrelated themes of integrity, autonomy, conscience, and violence. He became interested in the relations between competition and morality and between justice and adversarial systems of law. These themes are woven together in Legislative Intent and constitute the main subject of some of the essays. MacCallum was engaged in a constant search for truth and understanding and in his life and work lived up to Emerson's vision of the "American Scholar" as "Man Thinking". These essays are informed by the author's deep curiosity, penetrating intelligence, wide knowledge, and outstanding character. They will be treasured wherever these characteristics and true philosophy are treasured.
The Authority Of Law
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Author : Joseph Raz
language : en
Publisher:
Release Date : 1979
The Authority Of Law written by Joseph Raz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Law categories.
This revised edition of one of the classic works of modern legal philosophy, first published in 1979, represents Raz's landmark contribution which has had an enduring influence on philosophical work on the nature of law and its relation to morality. The new edition includes two previously uncollected essays and a new introduction from the author.
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?.
Moral Aspects Of Legal Theory
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Author : David Lyons
language : en
Publisher: Cambridge University Press
Release Date : 1993-01-29
Moral Aspects Of Legal Theory written by David Lyons 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 1993-01-29 with Law categories.
In this volume, Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice.
Law And Morality
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Author : KennethEinar Himma
language : en
Publisher: Routledge
Release Date : 2017-07-05
Law And Morality written by KennethEinar Himma and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with History categories.
This volume collects many of the key essays exploring the possible relationships between the concepts of law and morality, a central concern of contemporary philosophizing about law. It is organized around five conceptual issues: classical natural law theory; legal positivism's separability thesis; Ronald Dworkin's constructive interpretivism; inclusive legal positivism's assertion that there can be legal systems with moral criteria of legality; and the relevance of morality and moral theorizing in theorizing about the concept of law and associated legal concepts. Each of the essays makes an important contribution toward addressing these issues.
Morality Politics And Law
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Author : Michael J. Perry
language : en
Publisher: Oxford University Press, USA
Release Date : 1988
Morality Politics And Law written by Michael J. Perry 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 1988 with Language Arts & Disciplines categories.
Addressing the proper relation of moral and religious belief to politics and law, especially constitutional law, Perry here discusses whether a common moral foundation exists that is capable of providing, in a diverse social system like ours, consistent guidelines for handling divisive political, policy, religious and constitutional disputes. His study represents a distinctive position in the vast and growing literature on the moral foundations of liberal political and legal life.
Law And Morality
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Author : David Dyzenhaus
language : en
Publisher: University of Toronto Press
Release Date : 2007-01-01
Law And Morality written by David Dyzenhaus and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-01 with Law categories.
Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication and the contribution of feminist approaches to the philosophy of law. New material on the Chinese Canadian head tax case is also featured. The second part of Law and Morality deals with philosophical questions as they apply to contemporary issues. Excerpts from judicial decisions as well as essays by practicing lawyers are included to provide theoretically informed legal analyses of the issues. Striking a balance between practical and more analytic, philosophical approaches, the volume's treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. Law and Morality has proved to be an essential text in both departments of philosophy and faculties of law and this latest edition brings the debates fully up to date, filling gaps in the previous editions and adding to the array of contemporary issues previously covered.
Law And Interpretation
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Author : Andrei Marmor
language : en
Publisher: Oxford University Press, USA
Release Date : 1995
Law And Interpretation written by Andrei Marmor 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 1995 with Law categories.
Interest in interpretation has emerged in recent years as one of the main intellectual paradigms of legal scholarship. This collection of new essays in law and interpretation provides the reader with an overview of this important topic, written by some of the most distinguished scholars in the field. The book begins with interpretation as a general method of legal theorizing, and thus provides critical assessment of the recent "interpretative turn" in jurisprudence. Further chapters include essays on the nature of interpretation, its objectivity, the possible determinacy of legal standards, and their nature. Concluding with a series of articles on the role of legislative intent in the interpretation of statutes, this work offers new and refreshing insights into this old controversy.
Utility Publicity And Law
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Author : Gerald J. Postema
language : en
Publisher: Oxford University Press
Release Date : 2019-07-29
Utility Publicity And Law written by Gerald J. Postema 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 2019-07-29 with Law categories.
The essays in this volume offer a reassessment of Jeremy Bentham's strikingly original legal philosophy. Early on, Bentham discovered his 'genius for legislation' - 'legislation' included not only lawmaking and code writing, but also political and social institution building and engineering of public spaces for effective control of the exercise of political power. In his general philosophical work, Bentham sought to articulate a public philosophy to guide and direct all of his 'legislative' efforts. Part I explores the philosophical foundations of his public philosophy: his theory of meaning and framework for analysis and definition of key concepts, his theory of human affections and motivations, and his utilitarian theory of value. It is argued that, while concepts of pleasure and happiness play nominal roles in his theory of value, concepts of publicity, equality, and interests emerge as the dominant concepts of his public philosophy. Part II explores several dimensions of Bentham's jurisprudence, including his radically revised command model of law, his early reflections on justice and law in adjudication, his theories of judicial evidence, constitutional rights, the rule of law, and international law. The concluding essay demonstrates the centrality of the notion of publicity in his moral, legal and political thought. Emerging from this study is a positivist legal theory and a utilitarian moral-political philosophy that challenge in fundamental ways contemporary understandings of those doctrines.
Law In The Age Of Pluralism
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Author : Andrei Marmor
language : en
Publisher: Oxford University Press
Release Date : 2007-12-31
Law In The Age Of Pluralism written by Andrei Marmor 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 2007-12-31 with Law categories.
Law in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy. Written within the analytical tradition in jurisprudence, the collection covers a wide range of topics, such as the nature of law and legal theory, the rule of law, the values of democracy and constitutionalism, moral aspects of legal interpretation, the nature of rights, economic equality, and more. The essays in this volume explore issues where law, morality and politics meet, and discuss some of the key challenges facing liberal democracies. Marmor posits that a liberal state must first and foremost respect people's personal autonomy and their differing, though reasonable, conceptions of the good and the just. This basic respect for pluralism is shown to entail a rather skeptical attitude towards grand theories of law and state, such as contemporary constitutionalism or Dworkin's conception of 'law as integrity'. The values of pluralism and respect for autonomy, however, are also employed to justify some of the main aspects of a liberal state, such as the value of democracy, the rule of law, and certain conceptions of equality. The essays are organized in three groups: the first considers the rule of law, democracy and constitutionalism. The second group consists of several essays on the nature of law, legal theory, and their relations to morality. Finally, the collection concludes with essays on the nature of rights, the limits of rights discourse, and the value of economic equality.