The Philosophy of Law in Historical Perspective PDF Download

Author: Carl Joachim Friedrich
Publisher: University of Chicago Press
ISBN: 0226264661
Category : Law
Languages : en
Pages : 309

View

Book Description

Author: Douglas E. Edlin
Publisher: Cambridge University Press
ISBN: 9780521176156
Category : Law
Languages : en
Pages : 262

View

Book Description
In this book, legal scholars, philosophers, historians, and political scientists from Australia, Canada, New Zealand, the United Kingdom, and the United States analyze the common law through three of its classic themes: rules, reasoning, and constitutionalism. Their essays, specially commissioned for this volume, provide an opportunity for thinkers from different jurisdictions and disciplines to talk to each other and to their wider audience within and beyond the common law world. This book allows scholars and students to consider how these themes and concepts relate to one another. It will initiate and sustain a more inclusive and well-informed theoretical discussion of the common law's method, process, and structure. It will be valuable to lawyers, philosophers, political scientists, and historians interested in constitutional law, comparative law, judicial process, legal theory, law and society, legal history, separation of powers, democratic theory, political philosophy, the courts, and the relationship of the common law tradition to other legal systems of the world.

Author: Norbert Paulo
Publisher: Springer
ISBN: 1137557346
Category : Philosophy
Languages : en
Pages : 251

View

Book Description
The law serves a function that is not often taken seriously enough by ethicists, namely practicability. A consequence of practicability is that law requires elaborated and explicit methodologies that determine how to do things with norms. This consequence forms the core idea behind this book, which employs methods from legal theory to inform and examine debates on methodology in applied ethics, particularly bioethics. It is argued that almost all legal methods have counterparts in applied ethics, which indicates that much can be gained from comparative study of the two. The author first outlines methods as used in legal theory, focusing on deductive reasoning with statutes as well as analogical reasoning with precedent cases. He then examines three representative kinds of contemporary ethical theories, Beauchamp and Childress’s principlism, Jonsen and Toulmin’s casuistry, and two versions of consequentialism—Singer’s preference utilitarianism and Hooker’s rule-consequentialism—with regards to their methods. These examinations lead to the Morisprudence Model for methods in applied ethics.

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

View

Book Description
"Simultaneously published in the USA and Canada."

Author: James Bernard Murphy
Publisher: Yale University Press
ISBN: 0300138016
Category : Law
Languages : en
Pages : 254

View

Book Description
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.

Author: Raymond Wacks
Publisher: Oxford University Press
ISBN: 0199687005
Category : Law
Languages : en
Pages : 169

View

Book Description
Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy.

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

View

Book Description

Author: Samantha Besson
Publisher: Oxford University Press
ISBN: 0199208581
Category : Law
Languages : en
Pages : 626

View

Book Description
This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.

Author: Immanuel Kant
Publisher:
ISBN:
Category : Ethics
Languages : en
Pages : 326

View

Book Description

Author: John Austin
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 674

View

Book Description