The Invisible Origins Of Legal Positivism
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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.
Hegel S Laws
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Author :
language : en
Publisher: Stanford University Press
Release Date : 2008-06-20
Hegel S Laws written by 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 2008-06-20 with Law categories.
An introduction to Hegel's ideas on the nature of law. This book takes readers through different structures of legal consciousness, from the private law of property, contract, and crimes to intentionality, the family, the role of the state, and international law.
Positivism Today
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Author : Stephen Guest
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1996
Positivism Today written by Stephen Guest and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
"This work is by teachers of Jurisprudence within the Faculty of Laws at University College London and consists of a number of essays representing current research on doctrines of legal positivism - in general, the idea in which a separation is sought between moral judgments and legal validity. It is also an idea whose origins were largely English, particularly within the Benthamic tradition behind the creation of the first law school in England outside Oxford and Cambridge. The essays range from a consideration of early legal positivism as found in Bentham and Austin through to discussions by Ronald Dworkin of problems of objectivity and truth within contemporary positivism and by William Twining on the implications of positivism for globalisation"--Unedited summary from book cover.
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.
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.
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.
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.
The Legal Theory Of Ethical Positivism
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Author : Tom Campbell
language : en
Publisher: Routledge
Release Date : 1996
The Legal Theory Of Ethical Positivism written by Tom Campbell and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Legal positivism categories.
Introduction -- Defamation Criteria: Fact or Value? -- The Elusive Distinction between Fact and Opinion -- Defamation and Freedom of Expression -- Conclusion -- 10 Conclusion: A Unifying Prescription -- Introduction -- Socialist Positivism -- Critical Legal Positivism -- Feminist Positivism -- Alternative Dispute Resolution -- Conclusion -- Bibliography -- Index
The Philosophy Of Positive Law
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Author : James Bernard Murphy
language : en
Publisher: Yale University Press
Release Date : 2008-10-01
The Philosophy Of Positive Law written by James Bernard Murphy and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-10-01 with Law categories.
In this first book-length study of positive law, James Bernard Murphy rewrites central chapters in the history of jurisprudence by uncovering a fundamental continuity among four great legal philosophers: Plato, Thomas Aquinas, Thomas Hobbes, and John Austin. In their theories of positive law, Murphy argues, these thinkers represent successive chapters in a single fascinating story. That story revolves around a fundamental ambiguity: is law positive because it is deliberately imposed (as opposed to customary law) or because it lacks moral necessity (as opposed to natural law)? These two senses of positive law are not coextensive yet the discourse of positive law oscillates unstably between them. What, then, is the relation between being deliberately imposed and lacking moral necessity? Murphy demonstrates how the discourse of positive law incorporates both normative and descriptive dimensions of law, and he discusses the relation of positive law not only to jurisprudence but also to the philosophy of language, ethics, theories of social order, and biblical law.