The Nature And Value Of Jurisprudence
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The Nature And Value Of Jurisprudence
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Author : Chan-Toon
language : en
Publisher:
Release Date : 1889
The Nature And Value Of Jurisprudence written by Chan-Toon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1889 with Jurisprudence categories.
The Nature And Value Of Jurisprudence
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Author : Chan-Toon
language : en
Publisher:
Release Date : 1888
The Nature And Value Of Jurisprudence written by Chan-Toon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1888 with Jurisprudence categories.
The Nature And Value Of Vagueness In The Law
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Author : Hrafn Ásgeirsson
language : en
Publisher:
Release Date : 2020
The Nature And Value Of Vagueness In The Law written by Hrafn Ásgeirsson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
1. Authority, Communication and Legal Content -- 2. On the Instrumental Value of Vagueness in the Law -- 3. Vagueness and Power Delegation in Law -- 4. Vagueness, Uncertainty and Behaviour -- 5. On the Possibility of Non-literal Legislative Speech -- 6. Textualism, Content and Interpretation -- 7. Resolving Cases of Vagueness -- 8. Legal Practice and Theories of Vagueness.
The Nature And Value Of Vagueness In The Law
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Author : Hrafn Asgeirsson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-04-10
The Nature And Value Of Vagueness In The Law written by Hrafn Asgeirsson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-10 with Law categories.
Lawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes vague and, even when it is clear, the content itself is sometimes vague. This monograph examines the nature and consequences of these two linguistic sources of indeterminacy in the law. The aim is to give plausible answers to three related questions: In virtue of what is the law vague? What might be good about vague law? How should courts resolve cases of vagueness? It argues that vagueness in the law is sometimes a good thing, although its value should not be overestimated. It also proposes a strategy for resolving borderline cases, arguing that textualism and intentionalism – two leading theories of legal interpretation – often complement rather than compete with each other.
Natural Law
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Author : Alessandro Passerin d'Entrèves
language : en
Publisher:
Release Date : 1960
Natural Law written by Alessandro Passerin d'Entrèves and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1960 with Law categories.
"This is the classic study of the history and continuing philosophical values of the law of nature. D'Entreves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation hearings show that the law of nature still holds powerful appeal in defining judicial rules.In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entreves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians.Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entreves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entreves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study.—Mitchell Muncy, The University Bookman"--Google Books viewed May 18, 2021.
Natural Law
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Author : Alexander Passerin d'Entreves
language : en
Publisher: Routledge
Release Date : 2017-07-28
Natural Law written by Alexander Passerin d'Entreves and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-28 with Law categories.
This is the classic study of the history and continuing philosophical values of the law of nature. D'Entreves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation hearings show that the law of nature still holds powerful appeal in defining judicial rules.In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entreves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians.Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entreves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entreves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study.—Mitchell Muncy, The University Bookman
Law S Rule
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Author : Gerald J. Postema
language : en
Publisher: Oxford University Press
Release Date : 2022-11-29
Law S Rule 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 2022-11-29 with categories.
The rule of law, once widely embraced and emulated, now faces serious threats to its viability. To get our bearings we must return to first principles. This book articulates and defends a comprehensive, coherent, and compelling conception of the rule of law and defends it against serious challenges to its intelligibility, relevance, and normative force. The rule of law's ambition, it argues, is to provide protection and recourse against the arbitrary exercise of power using the distinctive tools of the law. Law provides a bulwark of protection, a bridle on the powerful, and a bond constituting and holding together the polity and giving public expression to an ideal mode of association. Two principles immediately follow from this core: sovereignty of law, demanding that those who exercise ruling power govern with law and that law governs them, and equality in the eyes of the law, demanding that law's protection extend to all bound by it. Animating law's rule, the ethos of fidelity commits all members of the political community, officials and lay members alike, to take responsibility for holding each other accountable under the law. Part I articulates this conception and locates its moral foundation in a commitment to common membership of each person, recognizing their freedom, dignity, and status as peers. Part II addresses serious challenges currently facing law's rule: finding a place in the legal system for equity, mercy, and effective responses to emergencies, taming the new leviathans of the digital world, and extending law's rule beyond national borders.
The Nature Of Positive Law
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Author : John M. Lightwood
language : en
Publisher: Forgotten Books
Release Date : 2015-06-28
The Nature Of Positive Law written by John M. Lightwood and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-28 with Philosophy categories.
Excerpt from The Nature of Positive Law It has now in several ways become evident that the idea of Law upon which Austin founded his system of Jurisprudence cannot be accepted as final, but must be treated as only a first approximation, valuable indeed, but defective, and therefore requiring to be supplemented by further enquiry. I was myself led to this opinion by discovering that the Austinian analysis threw so little light upon the real nature of legal Rights as to be of comparatively small value in investigating their substance as opposed to their mere enforcement. This view was pressed upon me again and again as I examined the various Rights of property, and I believe the current system breaks down entirely when we attempt to explain by it the Roman theory of Possession. Being thus led to distrust the results which I had long accepted as final, I found that there were two ways of attempting to correct them - the historical and the analytical. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
The Legacy Of John Austin S Jurisprudence
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Author : Michael Freeman
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-09-14
The Legacy Of John Austin S Jurisprudence written by Michael Freeman 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 2012-09-14 with Law categories.
This is the first ever collected volume on John Austin, whose role in the founding of analytical jurisprudence is unquestionable. After 150 years, time has come to assess his legacy. The book fills a void in existing literature, by letting top scholars with diverse outlooks flesh out and discuss Austin’s legacy today. A nuanced, vibrant, and richly diverse picture of both his legal and ethical theories emerges, making a case for a renewal of interest in his work. The book applies multiple perspectives, reflecting Austin’s various interests – stretching from moral theory to theory of law and state, from Roman Law to Constitutional Law – and it offers a comparative outlook on Austin and his legacy in the light of the contemporary debate and major movements within legal theory. It sheds new light on some central issues of practical reasoning: the relation between law and morals, the nature of legal systems, the function of effectiveness, the value-free character of legal theory, the connection between normative and factual inquiries in the law, the role of power, the character of obedience and the notion of duty.
Jurisprudence Or Legal Science
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Author : Sean Coyle
language : en
Publisher: Bloomsbury Publishing
Release Date : 2005-05-31
Jurisprudence Or Legal Science written by Sean Coyle and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-05-31 with Law categories.
Modern jurisprudence embodies two distinct traditions of thought about the nature of law. The first adopts a scientific approach which assumes that all legal phenomena possess universal characteristics that may be used in the analysis of any type of legal system. The main task of the legal philosopher is to disclose and understand such characteristics,which are thought to be capable of establishment independently of any moral or political values which the law might promote, and of any other context-dependent features of legal systems. Another form of jurisprudential reflection views the law as a complex form of moral arrangement which can only be analysed from within a system of reflective moral and political practices. Rather than conducting a search for neutral standpoints or criteria, this second form of theorising suggests that we uncover the nature and purpose of the law by reflecting on the dynamic properties of legal practice. Can legal philosophy aspire to scientific values of reasoning and truth? Is the idea of neutral standpoints an illusion? Should legal theorising be limited to the analysis of particular practices? Are the scientific and juristic approaches in the end as rigidly distinct from one another as some have claimed? In a series of important new essays the authors of Jurisprudence or Legal Science? attempt to answer these and other questions about the nature of jurisprudential thinking, whilst emphasising the connection of such 'methodological' concerns to the substantive legal issues which have traditionally defined the core of jurisprudential speculation. The list of contributors includes R. Alexy, S. Coyle, J. Gorman, C. Heidemann, P. Leith, J. Morison, G. Pavlakos and V. Rodriguez-Blanco.