Ronald Dworkin
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Ronald Dworkin
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Author : Stephen Guest
language : en
Publisher: Stanford University Press
Release Date : 2012-11-28
Ronald Dworkin written by Stephen Guest and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-28 with Law categories.
Ronald Dworkin is widely accepted as the most important and most controversial Anglo-American jurist of the past forty years. And this same-named volume on his work has become a minor classic in the field, offering the most complete analysis and integration of Dworkin's work to date. This third edition offers a substantial revision of earlier texts and, most importantly, incorporates discussion of Dworkin's recent masterwork Justice for Hedgehogs. Accessibly written for a wide readership, this book captures the complexity and depth of thought of Ronald Dworkin. Displaying a long-standing commitment to Dworkin's work, Stephen Guest clearly highlights the scholar's key theories to illustrate a guiding principle over the course of Dworkin's work: that there are right answers to questions of moral value. In assessing this principle, Guest also expands his analysis of contemporary critiques of Dworkin. The third edition includes an updated and complete bibliography of Dworkin's work.
The Legacy Of Ronald Dworkin
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Author : Wil Waluchow
language : en
Publisher: Oxford University Press
Release Date : 2016-04-25
The Legacy Of Ronald Dworkin written by Wil Waluchow 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 2016-04-25 with Law categories.
This book assembles leading legal, political, and moral philosophers to examine the legacy of the work of Ronald Dworkin. They provide the most comprehensive critical treatment of Dworkin's accomplishments focusing on his work in all branches of philosophy, including his theory of value, political philosophy, philosophy of international law, and legal philosophy. The book's organizing principle and theme reflect Dworkin's self-conception as a builder of a unified theory of value, and the broad outlines of his system can be found throughout the book. The first section addresses the most abstract and general aspect of Dworkin's work--the unity of value thesis. The second section explores Dworkin's contributions to political philosophy, and discusses a number of political concepts including authority, civil disobedience, the legitimacy of states and the international legal system, distributive justice, collective responsibility, and Dworkin's master value of dignity and the associated values of equal concern and respect. The third section addresses various aspects of Dworkin's general theory of law. The fourth and final section comprises accounts of the structure and defining values of discrete areas of law.
Pornography Embodied
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Author : Joan Mason-Grant
language : en
Publisher: Bloomsbury Publishing PLC
Release Date : 2004-03-12
Pornography Embodied written by Joan Mason-Grant and has been published by Bloomsbury Publishing PLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-03-12 with Philosophy categories.
What does it mean to conceptualize pornography as a material practice rather than as speech? Mason-Grant argues that this idea, fundamental to the work of Andrea Dworkin and Catharine MacKinnon, has been obscured in legal wrangling and political polarization over their civil ordinance. Within the arena of legal argument, where the principle of free speech holds sway for progressive thinkers, their analysis of pornography is rendered, at worse, an apology for censorship and, at best, an argument about the social force of speech, rather than recognized as a fundamental challenge to the very idea of pornography as speech. In this book, Mason-Grant first shows how the persistent "speech paradigm" inevitably obscures the innovative core of the Dworkin-MacKinnon critique of mainstream pornography. She then develops an alternative "practice paradigm" that critically engages their analysis, capturing and extending its core insights about the role of pornography in sexual practice. Drawing on phenomenology of the lived body, this alternative paradigm provides a way of re-thinking how the pervasive use of mass-market heterosexual pornography contributes to the cultivation of an embodied and tacit sexual know-how that is subordinating, and raises important questions about alternative materials produced and used by sexual minorities. In her conclusion, Mason-Grant considers the implications of her analysis not for law, but for a critical pedagogy in youth sexuality education.
The Problematics Of Moral And Legal Theory
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Author : Richard A. Posner
language : en
Publisher: Harvard University Press
Release Date : 2009-06-01
The Problematics Of Moral And Legal Theory written by Richard A. Posner 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 2009-06-01 with Law categories.
Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.
The Legal Essays Of Michael Bayles
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Author : W.L. Robison
language : en
Publisher: Springer Science & Business Media
Release Date : 2002-06-30
The Legal Essays Of Michael Bayles written by W.L. Robison 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 2002-06-30 with Law categories.
The legal essays by Michael Bayles in this collection display his commitment to utilitarianism both as a moral theory and an analytical device. A utilitarian must choose between the best of all possible alternatives and so must lay out the alternatives and thus their consequences carefully and completely. As it happens, there is no better way of understanding why something is as it is in the law, and no better way to lay the foundations for criticism and improvement, than to lay out what the alternatives are, carefully distinguishing them, their justifications, and their implications for changing other areas of the law and for changing our relation to the law. Bayles was a master at such work, and each essay thus repays careful study for anyone concerned about the law. The essays cover a wide variety of topics, from contract law to the criminal law, from torts to theory, and form a natural set. Laying out the alternatives in one area makes it much clearer how and why alternatives in other areas are acceptable or required. Interconnections within the legal system as a whole not readily visible when studying one area of the law become obvious when several are laid out side-by-side using the analytical skill required by a good utilitarian.
Ronald Dworkin
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Author : Arthur Ripstein
language : en
Publisher: Cambridge University Press
Release Date : 2007-05-28
Ronald Dworkin written by Arthur Ripstein 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 2007-05-28 with Biography & Autobiography categories.
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The Judge In A Democracy
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Author : Aharon Barak
language : en
Publisher: Princeton University Press
Release Date : 2009-01-10
The Judge In A Democracy written by Aharon Barak and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-10 with Law categories.
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
Law And Truth
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Author : Dennis Michael Patterson
language : en
Publisher:
Release Date : 1999
Law And Truth written by Dennis Michael Patterson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Language Arts & Disciplines categories.
Taking up a single question--"What does it mean to say a proposition of law is true?"--this book advances a major new account of truth in law. Drawing upon the later philosophy of Wittgenstein, as well as more recent postmodern theory of the relationship between language, meaning, and the world, Patterson examines leading contemporary jurisprudential approaches to this question and finds them flawed in similar and previously unnoticed ways. He offers a powerful alternative account of legal justification, one in which linguistic practice--the use of forms of legal argument--holds the key to legal meaning.
Law And Morality
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Author : David Dyzenhaus
language : en
Publisher: University of Toronto Press
Release Date : 2001-01-01
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 2001-01-01 with Philosophy categories.
Filling a long-standing need for a Canadian textbook in the philosophy of law, this anthology includes articles, readings, and cases in legal philosophy to give students the conceptual tools necessary to consider the general problems of jurisprudence.
Harvard Law Review Volume 127 Number 2 December 2013
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Author : Harvard Law Review
language : en
Publisher: Quid Pro Books
Release Date : 2013-12-10
Harvard Law Review Volume 127 Number 2 December 2013 written by Harvard Law Review and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-10 with Law categories.
The December 2013 issue of the Harvard Law Review is dedicated to the memory of Ronald Dworkin, with In Memoriam essays offered by Richard Fallon, Jr., Charles Fried, John C.P. Goldberg, Frances Kamm, Frank Michelman, Martha Minow, and Laurence Tribe. The issue features an article by David Pozen entitled "The Leaky Leviathan: Why the Government Condemns and Condones Unlawful Disclosures of Information." The issue also includes essays by Nicola Lacey and Geoffrey Shaw examining a previously lost writing by H.L.A. Hart on discretion, as well as the publication of Hart's essay, "Discretion," itself, which he wrote while visiting at Harvard in 1956-1957. Student Notes explore such subjects as regulation of the shadow banking system, vagueness and delegation in the CFAA, and the good faith exception to the exclusionary rule. In addition, student contributions explore Recent Cases on First Amendment commercial speech doctrine and pharmaceutical marketing, school finance under state law, duty of a school to protect from bullying, warrantless search of cell phone data, and untimely raising of ineffective assistance of counsel in a habeas petition after counsel failure. A Recent Legislation summary explores restrictions on War Powers in the context of Guantanamo detainees, and a summary of Recent Legislative Debate involves the filibuster of a Texas abortion bill. Finally, there are also several summaries of Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked notes, active URLs in notes, and proper formatting. The contents of Volume 127, Number 2 (Dec. 2013) include scholarly articles and essays by leading academic figures.