The Hart Fuller Debate In The Twenty First Century
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The Hart Fuller Debate In The Twenty First Century
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Author : Peter Cane
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-02-16
The Hart Fuller Debate In The Twenty First Century written by Peter Cane and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-16 with Law categories.
This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between HLA Hart and Lon L Fuller. These essays do not to re-run that debate and they are not confined to discussion of the jurisprudential issues canvassed by Hart and Fuller. Rather they pick up on strands in the debate and re-think them in the light of social, political and intellectual developments in the past 50 years and changed ways of understanding law and other normative systems. This collection looks forward rather than backward using the debate as a point of departure and inspiration.
The Hart Fuller Debate In The Twenty First Century
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Author : Peter Cane
language : en
Publisher:
Release Date : 2010
The Hart Fuller Debate In The Twenty First Century written by Peter Cane and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Electronic books categories.
This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between H.L.A. Hart and Lon L. Fuller.
The Hart Fuller Debate In The Twenty First Century
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FREE 30 Days
Author : Peter Cane
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-02-16
The Hart Fuller Debate In The Twenty First Century written by Peter Cane and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-16 with Law categories.
This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between HLA Hart and Lon L Fuller. These essays do not to re-run that debate and they are not confined to discussion of the jurisprudential issues canvassed by Hart and Fuller. Rather they pick up on strands in the debate and re-think them in the light of social, political and intellectual developments in the past 50 years and changed ways of understanding law and other normative systems. This collection looks forward rather than backward using the debate as a point of departure and inspiration.
Forms Liberate
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Author : Kristen Rundle
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-05-04
Forms Liberate written by Kristen Rundle and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-04 with Law categories.
Lon L Fuller's account of what he termed 'the internal morality of law' is widely accepted as the classic twentieth century statement of the principles of the rule of law. Much less accepted is his claim that a necessary connection between law and morality manifests in these principles, with the result that his jurisprudence largely continues to occupy a marginal place in the field of legal philosophy. In 'Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller', Kristen Rundle offers a close textual analysis of Fuller's published writings and working papers to explain how his claims about the internal morality of law belong to a wider exploration of the ways in which the distinctive form of law introduces meaningful limits to lawgiving power through its connection to human agency. By reading Fuller on his own terms, 'Forms Liberate' demonstrates why his challenge to a purely instrumental conception of law remains salient for twenty-first century legal scholarship.
Forms Liberate
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Author : Kristen Rundle
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-05-04
Forms Liberate written by Kristen Rundle and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-04 with Law categories.
Lon L Fuller's account of what he termed 'the internal morality of law' is widely accepted as the classic twentieth century statement of the principles of the rule of law. Much less accepted is his claim that a necessary connection between law and morality manifests in these principles, with the result that his jurisprudence largely continues to occupy a marginal place in the field of legal philosophy. In 'Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller', Kristen Rundle offers a close textual analysis of Fuller's published writings and working papers to explain how his claims about the internal morality of law belong to a wider exploration of the ways in which the distinctive form of law introduces meaningful limits to lawgiving power through its connection to human agency. By reading Fuller on his own terms, 'Forms Liberate' demonstrates why his challenge to a purely instrumental conception of law remains salient for twenty-first century legal scholarship.
The Twenty First Century And Its Discontents
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Author : Jack Simmons
language : en
Publisher: Rowman & Littlefield
Release Date : 2020-12-10
The Twenty First Century And Its Discontents written by Jack Simmons and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-10 with Philosophy categories.
American culture is changing, a sentiment echoed in phrases such as “the new normal,” and “in these uncertain times,” that regularly introduce all forms of public discourse now, signally a national sense of vulnerability and transformation. Cultural shifts generally involve multiple catalysts, but in this collection the contributors focus on the role changing discourse norms play in cancel culture, corporatism, the counter-sexual revolution, racialism, and a radically divided political climate. Three central themes arise in the arguments. First, that contemporary discourse norms emphasize outcomes rather than shared understanding, which support institutional and political goals but contribute to the contemporary political divide, and the notion that we are engaged in a zero-sum game. These discourse norms give rise to a form of Adorno’s administered world, such that we order society according to dominant opinions, which generally means those well acclimated to institutional and corporate culture. Finally, as Arendt feared, the personal has become political, meaning that the toxic public discourse invades private discourse, reducing personal autonomy and leaving us perpetually under the scrutiny of institutional authority.
The Functions Of Law
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Author : Kenneth M. Ehrenberg
language : en
Publisher: Oxford University Press
Release Date : 2016-03-10
The Functions Of Law written by Kenneth M. Ehrenberg 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 2016-03-10 with Law categories.
What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities.
The Dynamics Of Law And Morality
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Author : Wibren van der Burg
language : en
Publisher: Routledge
Release Date : 2016-03-23
The Dynamics Of Law And Morality written by Wibren van der Burg and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-23 with Law categories.
This book investigates the dynamic intertwinement of law and morality, with a focus on new and developing fields of law. Taking as its starting point the debates and mutual misunderstandings between proponents of different philosophical traditions, it argues that this theoretical pluralism is better explained once law is accepted as an essentially ambiguous concept. Continuing on, the book develops a robust theory of law that increases our grasp on global legal pluralism and the dynamics of law. This theory of legal interactionism, inspired by the work of Lon Fuller and Philip Selznick, also helps us to understand apparent anomalies of modern law, such as international law, the law of the European Convention on Human Rights and horizontal interactive legislation. In an ecumenical approach, legal interactionism does justice to the valuable core of truth in natural law and legal positivism. Shedding new light on familiar debates between authors such as Fuller, Hart and Dworkin, this book is of value to academics and students interested in legal theory, jurisprudence, legal sociology and moral philosophy.
Great Debates In Jurisprudence
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Author : Nicholas McBride
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-03-16
Great Debates In Jurisprudence written by Nicholas McBride and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-16 with Law categories.
This textbook is an ambitious and engaging introduction to the more advanced writings on Jurisprudence, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is therefore not to present a complete overview of theoretical issues in Jurisprudence, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading. A perfect book for students taking a module in jurisprudence, or for those wanting to deepen their knowledge. New to this Edition: - New debates on the nature and legitimacy of global justice, and the binding force of precedent. - Incorporates discussion of new contributions to jurisprudential writing by Mark Greenberg, Scott Hershowitz, David Howarth and Shona Stark, Matthew Kramer, Frederick Schauer, and Jeremy Waldron. - Includes substantially revised chapters on 'The nature of jurisprudence' and 'Morality and rights'
Legal Education And Legal Traditions Selected Essays
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Author : Myint Zan
language : en
Publisher: Springer Nature
Release Date : 2020-10-05
Legal Education And Legal Traditions Selected Essays written by Myint Zan and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-05 with Education categories.
This book deals with aspects of legal education and legal traditions. Part I includes chapters on teaching Law of the Sea, legal ethics and educating lawyers as ‘transaction cost engineers’ as well as comparison of teaching law in a refugee camp and in a Malaysian University. Part II on legal and philosophical traditions includes essays on what later philosophers would have commented on Plato’s arguments in the Crito regarding ‘absolute obligation to obey the law’ and what Socrates would have said on two conversations in the 19th century novel Uncle Tom’s Cabin regarding the morality and legality of harbouring runaway slaves. Part II concludes with two essays regarding the applicability of the Hart-Devlin debate on the ‘enforcement of morals’ vis-à-vis the International Criminal Court and an essay on what the historian Arnold Toynbee would have commented on the ‘contingency’ v ‘teleology’ debate between two palaeontologists the late Stephen Jay Gould and Simon Conway Morris. • Legal education of interest to legal educators and students • Legal, political, moral philosophy as well as philosophy of history of interest to law, philosophy and history teachers, postgraduate and under graduate students• Aspects of legal ethics for law teachers, students and legal professionals• Interdisciplinary studies regarding law and economics, law and literature, law and social justice for law, humanities, social science academics and students.