Law

The Morality of Law

Author: Lon L. Fuller

Publisher: Yale University Press

ISBN: 9780300010701

Category: Law

Page: 262

View: 5041

Tthis book is likely to receive its warmest reception form advanced students of the philosophy of law, who will welcome the relief provided from the frequently sterile tone of much recent work in the field.
Law

Between Authority and Interpretation

On the Theory of Law and Practical Reason

Author: Joseph Raz

Publisher: OUP Oxford

ISBN: 0191580341

Category: Law

Page: 432

View: 815

In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established. The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitimate law, while being a branch of applied morality, is also a relatively autonomous system, which has the potential to bridge moral differences among its subjects. Raz offers responses to some critical reactions to his theory of authority, adumbrating, and modifying the theory to meet some of them. The final part of the book brings together for the first time Raz's work on the nature of interpretation in law and the humanities. It includes a new essay explaining interpretive pluralism and the possibility of interpretive innovation. Taken together, the essays in the volume offer a valuable introduction for students coming for the first time to Raz's work in the philosophy of law, and an original contribution to many of the current debates in practical philosophy.
Law

The Authority of Law

Essays on Law and Morality

Author: Joseph Raz

Publisher: Oxford University Press on Demand

ISBN: 0199573565

Category: Law

Page: 340

View: 3790

Raz begins by presenting an analysis of the concept of moral authority. He then develops a detailed explanation of the nature of law and legal systems. Within this framework Raz then examines the areas of legal thought that have been viewed as impregnated with moral values.
Law

Lawyers and Justice

An Ethical Study

Author: David Luban

Publisher: Princeton University Press

ISBN: 9780691022901

Category: Law

Page: 440

View: 1917

The law, Holmes said, is no brooding omnipresence in the sky. "If that is true," writes David Luban, "it is because we encounter the legal system in the form of flesh-and-blood human beings: the police if we are unlucky, but for the (marginally) luckier majority, the lawyers." For practical purposes, the lawyers are the law. In this comprehensive study of legal ethics, Luban examines the conflict between common morality and the lawyer's "role morality" under the adversary system and how this conflict becomes a social and political problem for a community. Using real examples and drawing extensively on case law, he develops a systematic philosophical treatment of the problem of role morality in legal practice. He then applies the argument to the problem of confidentiality, outlines an affordable system of legal services for the poor, and provides an in-depth philosophical treatment of ethical problems in public interest law.
Law

Punishment and Responsibility

Essays in the Philosophy of Law

Author: H.L.A. Hart

Publisher: Oxford University Press

ISBN: 0199534772

Category: Law

Page: 277

View: 6144

This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.
Law

Natural Law and Natural Rights

Author: John Finnis

Publisher: Oxford University Press

ISBN: 0199599130

Category: Law

Page: 494

View: 9989

Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.
History

Law's Empire

Author: Ronald Dworkin

Publisher: Harvard University Press

ISBN: 9780674518360

Category: History

Page: 470

View: 9692

A renowned legal scholar presents a theory of law based on Anglo-American legal principles and practices, juridical interpretations, legal precedence, and a forcefully argued concept of political and legal integrity
Constitutional law

Freedom's Law

The Moral Reading of the American Constitution

Author: Ronald Dworkin

Publisher: N.A

ISBN: 9780198265573

Category: Constitutional law

Page: 427

View: 1770

Written by the world's best-known political and legal theorist, Freedom's Law: The Moral Reading of the American Constitution is a collection of essays that discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Professor Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments.He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His `moral reading therefore brings political morality into the heart of constitutional law. The various chapters of this book were originally published separately and are now drawn together to provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Law

Forms Liberate

Reclaiming the Jurisprudence of Lon L Fuller

Author: Kristen Rundle

Publisher: Hart Pub Limited

ISBN: 9781849464963

Category: Law

Page: 209

View: 5243

Lon L. Fuller's account of what he termed 'the internal morality of law' is widely accepted as the classic 20th-century statement of the principles of the rule of law. What is much less accepted is his claim that a necessary connection between law and morality manifests in these principles. As a result, Fuller's jurisprudence continues to occupy a marginal place in a field dominated by H.L.A. Hart's legal positivism and Ronald Dworkin's interpretive theory of adjudication. Forms Liberate - now available in paperback - offers a close textual analysis of Fuller's published writings and working papers to dispute this prevailing assessment of his contribution. Fuller's claims about law and morality belong to a wider exploration of the ways in which the 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 21st-century legal scholarship. Forms Liberate: Reclaiming the Jurisprudence of Lon L. Fuller won the second prize in the Society of Legal Scholars Birks Prize for Outstanding Legal Scholarship, 2012
Law

The Concept of Law

Author: HLA Hart,Herbert Lionel Adolphus Hart,Joseph Raz,Leslie Green,Penelope A. Bulloch

Publisher: Oxford University Press

ISBN: 0199644705

Category: Law

Page: 333

View: 4428

The Concept of Law is one of the most influential texts in English-language jurisprudence. 50 years after its first publication its relevance has not diminished and in this third edition, Leslie Green adds an introduction that places the book in a contemporary context, highlighting key questions about Hart's arguments and outlining the main debates it has prompted in the field. The complete text of the second edition is replicated here, including Hart'sPostscript, with fully updated notes to include modern references and further reading.
Philosophy

On Law, Morality, and Politics (Second Edition)

Author: Thomas Aquinas,Richard J. Regan,William P. Baumgarth

Publisher: Hackett Publishing

ISBN: 9780872206632

Category: Philosophy

Page: 316

View: 4427

The second edition retains the selection of texts presented in the first edition but offers them in new translations by Richard J Regan -- including that of his Aquinas, Treatise on Law (Hackett, 2000). A revised Introduction and glossary, an updated select bibliography, and the inclusion of summarising headnotes for each of the units -- Conscience, Law, Justice, Property, War and Killing, Obedience and Rebellion, and Practical Wisdom and Statecraft -- further enhance its usefulness.
Business & Economics

Why Nudge?

The Politics of Libertarian Paternalism

Author: Cass R. Sunstein

Publisher: N.A

ISBN: 9780300212693

Category: Business & Economics

Page: 208

View: 8848

Based on a series of pathbreaking lectures given at Yale University in 2012, this powerful, thought-provoking work by national best-selling author Cass R. Sunstein combines legal theory with behavioral economics to make a fresh argument about the legitimate scope of government, bearing on obesity, smoking, distracted driving, health care, food safety, and other highly volatile, high-profile public issues. Behavioral economists have established that people often make decisions that run counter to their best interests--producing what Sunstein describes as "behavioral market failures.” Sometimes we disregard the long term; sometimes we are unrealistically optimistic; sometimes we do not see what is in front of us. With this evidence in mind, Sunstein argues for a new form of paternalism, one that protects people against serious errors but also recognizes the risk of government overreaching and usually preserves freedom of choice. Against those who reject paternalism of any kind, Sunstein shows that "choice architecture”--government-imposed structures that affect our choices--is inevitable, and hence that a form of paternalism cannot be avoided. He urges that there are profoundly moral reasons to ensure that choice architecture is helpful rather than harmful--and that it makes people’s lives better and longer.
Biography & Autobiography

Lon L. Fuller

Author: Robert S. Summers

Publisher: Stanford University Press

ISBN: 9780804712101

Category: Biography & Autobiography

Page: 174

View: 6489

Law

Philosophy of Law

A Very Short Introduction

Author: Raymond Wacks

Publisher: Oxford University Press

ISBN: 0199687005

Category: Law

Page: 150

View: 2261

The concept of law lies at the heart of our social and political life, shaping the character of our community and underlying issues from racism and abortion to human rights and international war. The revised edition of this Very Short Introduction examines the central questions about law's relation to justice, morality, and democracy.
Authority

The Authority of the State

Author: Leslie Green

Publisher: Oxford University Press

ISBN: 9780198273134

Category: Authority

Page: 273

View: 4842

The modern state claims supreme authority over the lives of all its citizens. Drawing together political philosophy, jurisprudence, and public choice theory, this book forces the reader to reconsider some basic assumptions about the authority of the state. Various popular and influential theories - conventionalism, contractarianism, and communitarianism - are assessed by the author and found to fail. Leslie Green argues that only the consent of the governed can justify the state's claims to authority. While he denies that there is a general obligation to obey the law, he nonetheless rejects philosophical anarchism and defends civility - the willingness to tolerate some imperfection in institutions - as a political virtue.
Law

In Defense of Legal Positivism

Law Without Trimmings

Author: Matthew H. Kramer

Publisher: Oxford University Press on Demand

ISBN: 9780199264834

Category: Law

Page: 313

View: 701

In Defense of Legal Positivism is an uncompromising defence of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Matthew Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets. Some of the chapters pose arguments against other major theorists such as David Lyons, Lon Fuller, Joseph Raz, Michael Detmold, Ronald Dworkin, Nigel Simmonds, John Finnis, PhilipSoper, neil McCormick, gerald Postema, Stephen Perry, and Michael Moore, while others extend rather than defend legal positivism; they refine the insights of legal positivism and develop the implications of those insights in strikingly novel directions. The book concludes with a detailed discussion of the obligation to obey the lae- a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence.
Law

What Makes Law

An Introduction to the Philosophy of Law

Author: Liam Murphy

Publisher: Cambridge University Press

ISBN: 0521834279

Category: Law

Page: 222

View: 6691

This advanced introduction to central questions in legal philosophy attempts to breathe new life into stalled research.
Law

Model(ing) Justice

Perfecting the Promise of International Criminal Law

Author: Kerstin Bree Carlson

Publisher: Cambridge University Press

ISBN: 1108417698

Category: Law

Page: 250

View: 6756

Considers the ICTY to demonstrate illiberal practices of international criminal tribunals, and proposes a return to process to protect the rule of law.
Law

Law, Culture and Society

Legal Ideas in the Mirror of Social Theory

Author: Professor Roger Cotterrell

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409493105

Category: Law

Page: 206

View: 9560

This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal studies on the one hand and legal philosophy on the other. It is suggested that the concept of law must be re-considered. Law has to be seen today not just as the law of the nation state, or international law that links nation states, but also as transnational law in many forms. A legal pluralist approach is not just a matter of redefining law in legal theory; it also recognizes that law's authority comes from a plurality of diverse, sometimes conflicting, social sources. The book suggests that the social environment in which law operates must also be rethought, with many implications for comparative legal studies. The nature and boundaries of culture become important problems, while the concept of multiculturalism points to the cultural diversity of populations and to problems of fragmentation, or perhaps to new kinds of unity of the social. Theories of globalization raise a host of issues about the integrity of societies and about the need to understand social networks and forces that extend beyond the political societies of nation states. Through a range of specific studies, closely interrelated and building on each other, the book seeks to integrate the sociology of law with other kinds of legal analysis and engages directly with current juristic debates in legal theory and comparative law.