Legal Philosophies PDF Download

Author: J. W. Harris
Publisher: Lexis Law Publishing (Va)
ISBN:
Category : Law
Languages : en
Pages : 304

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Author: James E. Herget
Publisher: University of Pennsylvania Press
ISBN: 1512802581
Category : Law
Languages : en
Pages : 164

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Book Description
James Herget explains to American legal scholars and students the main points of the characteristic legal philosophy that has developed in the German-speaking world since World War II. After a historical introduction and overview, he discusses critical rationalism, discourse theory, rhetorical theory, systems theory, and institutional legal positivism. He concludes with a general assessment and appends biographical information. Written for American legal scholars and students, who traditionally are exposed only to filtered versions of comparative legal traditions, this volume introduces a new world of legal theory that resonates within the context of other contemporary disciplines and German intellectual history.

Author: Huntington Cairns
Publisher: JHU Press
ISBN: 1421433443
Category : Philosophy
Languages : en
Pages : 552

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Originally published in 1949. Huntington Cairns identifies the views that major Western philosophers took on law, the problems they considered significant about law, and the nature of the solutions they proposed. This book develops ideas discussed in Cairns' Law and the Social Sciences (1935) and Theory of Legal Science (1941). The object of these three volumes is the same: to construct the foundation of a theory of law that is the necessary antecedent to a possible jurisprudence. The inventory of philosophers that Cairns examines includes Plato, Aristotle, Cicero, Aquinas, Hobbes, Spinoza, and Hegel.

Author: Mark Tebbit
Publisher: Psychology Press
ISBN: 0415334411
Category : Law
Languages : en
Pages : 262

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"Simultaneously published in the USA and Canada."

Author: George Pavlakos
Publisher: Bloomsbury Publishing
ISBN: 184731368X
Category : Law
Languages : en
Pages : 390

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A philosophical system is not what one would expect to find in the work of a contemporary legal thinker. Robert Alexy's work counts as a striking exception. Over the past 28 years Alexy has been developing, with remarkable clarity and consistency, a systematic philosophy covering most of the key areas of legal philosophy. Kantian in its inspiration, his work admirably combines the rigour of analytical philosophy with a repertoire of humanitarian ideals reflecting the tradition of the Geisteswissenschaften, rendering it one of the most far-reaching and influential legal philosophies in our time. This volume has been designed with two foci in mind: the first is to reflect the breadth of Alexy's philosophical system, as well as the varieties of jurisprudential and philosophical scholarship in the last three decades on which his work has had an impact. The second objective is to provide for a critical exchange between Alexy and a number of specialists in the field, with an eye to identifying new areas of inquiry and offering a new impetus to the discourse theory of law. To that extent, it was thought that a critical exchange such as the one undertaken here would most appropriately reflect the discursive and critical character of Robert Alexy's work. The volume is divided into four parts, each dealing with a key area of Alexy's contribution. A final section brings together concise answers by Robert Alexy. In composing these, Alexy has tried to focus on points and criticisms that address new aspects of discourse theory or otherwise point the way to future developments and applications. With its range of topics of coverage, the number of specialists it engages and the originality of the answers it provides, this collection will become a standard work of reference for anyone working in legal theory in general and the discourse theory of law in particular.

Author: Fritz Berolzheimer
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 560

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The present volume is the second of his five-volume work published by Beck at Munich (1904-1907) under the title 'System der rechts- und wirtschaftsphilosophie.'

Author: Arthur Ripstein
Publisher: Harvard University Press
ISBN: 0674054512
Category : Philosophy
Languages : en
Pages : 416

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Book Description
In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.

Author: Roscoe Pound
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 316

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Author: John Murungi
Publisher: Lexington Books
ISBN: 0739174673
Category : Philosophy
Languages : en
Pages : 241

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A book on legal philosophy, necessarily, focuses attention on law. In addition to this focus, An Introduction to an African Legal Philosophy focuses attention on philosophy. The link between law and philosophy is brought into relief, which is done through an African context. An attempt is made to spell out what is African about legal philosophy without being cut off of African legal philosophy from non-African legal philosophy. The book draws attention to the view that a basic component of African legal philosophy consists of an investigation of what it is to be an African, and because an African is a human being among other human beings, the investigation is about what it is to be a human being. Ubuntuism is an African-derived word that captures this mode of being human. Moreover, because human beings are cultural beings, African cultural context guides the investigation. Inescapably, it is claimed that, every legal philosophy is embedded in a culture. African legal philosophy is not an exception. It is deeply rooted in African culture –a culture that is today shaped, in part, by a European colonialist culture. One feature that will strike one as one reads the book is that the book approaches African legal philosophy as a means of decolonization of African culture. African legal philosophy can accomplish this intelligently and effectively if it is itself decolonized. In doing this it contrasts sharply with mainstream Western legal philosophy.

Author: Andrzej Walicki
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 496

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The author aims to show that the liberal intellectual tradition in pre-revolutionary Russia was in fact much stronger than is usually believed, the main concern of Russia's liberal thinkers being the problem of the rule of law. He concentrates on six thinkers: Chicherin, Soloviev, Petrzycki, Novgorodtsev, Kistiakovsky, and Hessen. Annotation copyright by Book News, Inc., Portland, OR