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From Positivism to Idealism

From Positivism to Idealism Author Sean Coyle
ISBN-10 9781351157940
Release 2017-11-28
Pages 198
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Illuminating the idea of legality by a consideration of its moral nature, this book explores the emergence and development of two rival traditions of legal thought (those of 'positivism' and 'idealism') which together define the structure of modern juridical thought. In doing so, it consciously departs from many of the tendencies and working assumptions that define modern legal philosophy. The book examines the shifts in thinking about the rule of law and the wider significance of law, brought about by changing conceptions of the nature of law: from an understanding of law in which the primary focus is on rights, to an articulation of the legal order as a body of deliberately posited rules, and finally to the present understanding of law as a systematic body of rules and principles underpinned by an abiding concern with individual rights. By exposing the historical and metaphysical underpinnings of these theoretical traditions, the book imparts an idea of their limitations and moves beyond the understandings offered within them of the nature of legality.



Modern Jurisprudence

Modern Jurisprudence Author Sean Coyle
ISBN-10 9781509905638
Release 2017-08-24
Pages 288
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The second edition of this book provides a concise and accessible guide to modern jurisprudence, offering an examination of the major theories as well as highlighting principal themes such as legality and justice. Together with new material, the second edition explores the historical developments and ideas that give modern thinking its distinctive shape. A key feature of the book is that readers are not simply presented with opposing theories, but are guided through the rival standpoints on the basis of a coherent line of reflection from which an overall sense of the subject can be gained. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis, and a new chapter on Acquinas, take the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that result in a fresh and original perspective on the subject.



Current Publications in Legal and Related Fields

Current Publications in Legal and Related Fields Author
ISBN-10 STANFORD:36105064217131
Release 2008
Pages
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Current Publications in Legal and Related Fields has been writing in one form or another for most of life. You can find so many inspiration from Current Publications in Legal and Related Fields also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Current Publications in Legal and Related Fields book for free.



The Natural Law

The Natural Law Author Heinrich Albert Rommen
ISBN-10 0865971617
Release 1998
Pages 278
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Originally published in German in 1936, The Natural Law is the first work to clarify the differences between traditional natural law as represented in the writings of Cicero, Aquinas, and Hooker and the revolutionary doctrines of natural rights espoused by Hobbes, Locke, and Rousseau. Beginning with the legacies of Greek and Roman life and thought, Rommen traces the natural law tradition to its displacement by legal positivism and concludes with what the author calls "the reappearance" of natural law thought in more recent times. In seven chapters each Rommen explores "The History of the Idea of Natural Law" and "The Philosophy and Content of the Natural Law." In his introduction, Russell Hittinger places Rommen's work in the context of contemporary debate on the relevance of natural law to philosophical inquiry and constitutional interpretation. Heinrich Rommen (1897–1967) taught in Germany and England before concluding his distinguished scholarly career at Georgetown University. Russell Hittinger is William K. Warren Professor of Catholic Studies and Research Professor of Law at the University of Tulsa.



Law and the Social Order

Law and the Social Order Author Morris Raphael Cohen
ISBN-10 1412827302
Release 1982-01-01
Pages 443
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Containing the bulk of Morris Cohen's writings on the philosophy of law, this collection of essays features articles originally published in popular periodicals and law reviews during the early decades of this century. In his introduction to the Social and Moral Thought edition, Harry N. Rosenfield reviews Cohen's contributions to the philosophy of law and emphasizes Cohen's enormous influence, as a legal philosopher, on American law.



Dimensions of Politics and English Jurisprudence

Dimensions of Politics and English Jurisprudence Author Sean Coyle
ISBN-10 9780521196598
Release 2013-06-27
Pages 388
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Examines modern politics, justice and order in light of the historical, philosophical and theological forces which helped define them.



A Three Dimensional Theory of Law

A Three Dimensional Theory of Law Author María José Falcón y Tella
ISBN-10 9789004179325
Release 2010
Pages 375
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What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a "form" that, when applied to different legal themes, would add a "material content" to the three-dimensional theory. We can point out, as a study plan, the distinction between "three" perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the "three" phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the "three" characteristics of the legal order: Fullness, coherence, and unity --- the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.



The Concept Of Law Oip

The Concept Of Law  Oip Author Herbert Lionel Adolphus Hart
ISBN-10 0195664175
Release 2002-10-24
Pages 328
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The Book Has Extensive Notes On The Theoretical Work Of Other Jurists Including References To Austin`S Imperative Theory, Kelson`S Theory Of Basic Norm, And Fuller`S Natural Law Theory.



An Introduction to the Philosophy of Law

An Introduction to the Philosophy of Law Author Roscoe Pound
ISBN-10 9781584773276
Release 2003-01-01
Pages 307
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Pound, Roscoe. An Introduction to the Philosophy of Law. New Haven: Yale University Press, 1922. 307 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002044351. ISBN 1-58477-327-8. Cloth. $70. * Pound's Introduction outlines the philosophical foundations that support Anglo-American common law. A written version of the Storrs Lectures delivered at Yale University during the academic year 1921-1922. "Dean Pound has given us a clear, concise introduction to the philosophy of the law. It is so concise that it is impossible to summarize it so as to give any idea of its wealth of learning....An excellent, impartial and concise presentation of the subject..." William Herbert Page, Harvard Law Review 36:115-117 cited in Marke, A Catalogue of the Law Collection at New York University (1953) 922.



Searching for the State in British Legal Thought

Searching for the State in British Legal Thought Author Janet McLean
ISBN-10 9781107022485
Release 2012-10-04
Pages 334
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Janet McLean explores how British legal thought has imagined the state and the public sphere since 1832.



Pure Theory of Law

Pure Theory of Law Author Hans Kelsen
ISBN-10 0520036921
Release 1967
Pages 356
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Pure Theory of Law has been writing in one form or another for most of life. You can find so many inspiration from Pure Theory of Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Pure Theory of Law book for free.



Encyclopedia of Law and Society

Encyclopedia of Law and Society Author David Scott Clark
ISBN-10 9780761923879
Release 2007
Pages 76
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Encyclopedia of Law and Society has been writing in one form or another for most of life. You can find so many inspiration from Encyclopedia of Law and Society also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Encyclopedia of Law and Society book for free.



The Theory of Moral Sentiments

The Theory of Moral Sentiments Author Adam Smith (économiste)
ISBN-10 BCUL:1092833964
Release 1812
Pages
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The Theory of Moral Sentiments has been writing in one form or another for most of life. You can find so many inspiration from The Theory of Moral Sentiments also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Theory of Moral Sentiments book for free.



Research Handbook on Human Rights and the Environment

Research Handbook on Human Rights and the Environment Author Anna Grear
ISBN-10 9781782544432
Release 2015-06-29
Pages 592
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Bringing together leading international scholars in the field, this Research Handbook interrogates, from various angles and positions, the fractious relationship between human rights and the environment and between human rights and environmental law.



Schools of Jurisprudence

Schools of Jurisprudence Author Robert E. Rodes
ISBN-10 1594609608
Release 2011
Pages 209
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Professor Rodes defines Jurisprudence as "the legal profession's account of what law is about." Since they lawyers, judges, and legislators doing their work are all looking at the same phenomenon, writers on Jurisprudence must all draw from the same limited body of material in constructing their theories. In this book, Rodes examines these materials and then classifies the various schools of Jurisprudence according to which of the materials they use and how they use them. In describing the available materials, Rodes looks first at what he calls the "internal account": legal work considered in itself, the definition and scope of the enterprise. He then takes up the non-legal disciplines that are or have been used in legal decision-making, and the values that are or have been considered suitable for legal implementation. The rest of the book is devoted to taking up fifteen actual schools of jurisprudence one by one, classifying them in accordance with how each one defines and limits the work of the legal profession, what other disciplines each one uses in describing or applying law, and which values each one seeks to implement through law. The aim is to be exhaustive. All the old familiar schools are included Analytical Positivism, Natural Law, and the rest. So are more recent arrivals such as Critical Legal Studies, and ideological schools such as Marxism on the one side and Wealth Maximization on the other. Rodes's presentation is clear and as free from technical language as possible in covering the subject. He is often critical, but he is careful to describe the doctrines of the different schools fairly before criticizing them. Readers, whether or not they agree with the author, will be able to learn from this book. People who wish to choose among the jurisprudential doctrines on the market will find them all displayed here, and people who wish to make up their own jurisprudential doctrine will find here all the material they need for doing so.



Studies in Legal Systems

Studies in Legal Systems Author E. Örücü
ISBN-10 9041109064
Release 1996-01-01
Pages 360
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All legal systems are mixed: some more than others. There are covert mixtures and overt mixtures; stable mixtures and mixtures in transition. This book brings together a wide range of legal orders, some well known, some not so often studied. The analysis offered is far beyond a descriptive one, the general aim being to provide a basis for discussion by covering paths, methods and specific techniques, consequences and implications of legal migration. The newly emerging democracies of Eastern Europe, for example, are looking at the pool of models when re-designing their systems. Such systems in transition open up a whole new world of possibilities for research. The two final chapters on spectral jurisprudence and the conceptual search bring into focus and widen the analysis further.



Thought Law Rights and Action in the Age of Environmental Crisis

Thought  Law  Rights and Action in the Age of Environmental Crisis Author Anna Grear
ISBN-10 9781784711337
Release 2015-07-31
Pages 336
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In the climate-pressed Anthropocene epoch, nothing could be more urgent than fresh engagements with the fractious relationships between ÔhumanityÕ, law and the living order. This timely book intelligently combines theoretical reflections, doctrinal ana