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Author: Christopher B. Gray Publisher: Rodopi ISBN: 9042030070 Category : Law Languages : en Pages : 242
Book Description
This book shows that Hauriou¿s positivist and pragmatic jurisprudence and social theory, as well as their application to the study of institutions, is satisfactorily supported by his idealistic philosophy. The nine chapters first locate Hauriou¿s influences, then situate his disciplinary methodologies within methodology in general. The central chapters concern each of the three methodologies in turn.
Author: Christopher B. Gray Publisher: Rodopi ISBN: 9042030070 Category : Law Languages : en Pages : 242
Book Description
This book shows that Hauriou¿s positivist and pragmatic jurisprudence and social theory, as well as their application to the study of institutions, is satisfactorily supported by his idealistic philosophy. The nine chapters first locate Hauriou¿s influences, then situate his disciplinary methodologies within methodology in general. The central chapters concern each of the three methodologies in turn.
Author: Christopher Berry Grey Publisher: Routledge ISBN: 1135582777 Category : Philosophy Languages : en Pages : 989
Book Description
From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods
Author: Olivier Descamps Publisher: Cambridge University Press ISBN: 1108605753 Category : Law Languages : en Pages : 913
Book Description
French legal culture, from the Middle Ages to the present day, has had an impressive influence on legal norms and institutions that have emerged in Europe and the Americas, as well as in Asian and African countries. This volume examines the lives of twenty-seven key legal thinkers in French history, with a focus on how their Christian faith and ideals were a factor in framing the evolution of French jurisprudence. Professors Olivier Descamps and Rafael Domingo bring together this diverse group of distinguished legal scholars and historians to provide a unique comparative study of law and religion that will be of value to scholars, lawyers, and students. The collaboration among French and non-French scholars, and the diversity of international and methodological perspectives, gives this volume its own unique character and value to add to this fascinating series.
Author: Martin Loughlin Publisher: Oxford University Press ISBN: 0192538381 Category : Law Languages : en Pages : 200
Book Description
Political jurisprudence is the branch of jurisprudence that treats law as an aspect of human experience called 'the political'. This is an approach that many contemporary jurists, those whose work presupposes the autonomy of legal order, tend to suppress. In this book, Martin Loughlin assesses the contribution made by political jurists and explains its contemporary significance. Political jurists maintain that the essential characteristics of modern legal order can only be revealed by considering how political authority is constituted. The political is orientated to the fact that people are organized into territorially-bounded units within which authoritative governing arrangements have been established, but the authority of this way of viewing the world is strengthened only through institution-building. Law may be an aspect of the political, but to perform its authority-generating functions effectively it must operate relatively autonomously. The political and the legal operate relationally, without one being reduced to the other. Loughlin introduces the rich literature of political jurisprudence through essays on innovative political jurists such as Hobbes, Burke, Constant, Romano, and Schmitt, and on such central themes as political right, institutionalism, constitutional legality, and reason of state. Building on his earlier books, The Idea of Public Law (OUP 2003) and Foundations of Public Law (OUP 2010), this collection extends his account of this influential strand of European legal thought.
Author: Mariano Croce Publisher: Routledge ISBN: 1136220666 Category : Law Languages : en Pages : 248
Book Description
The Legal Theory of Carl Schmitt provides a detailed analysis of Schmitt’s institutional theory of law, mainly developed in the books published between the end of the 1920s and the beginning of the 1930s. By reading Schmitt’s overall work through the lens of his institutional turn, the authors offer a strikingly different interpretation of Schmitt’s theory of politics, law and the relation between these two domains. The book argues that Schmitt’s adhesion to legal institutionalism was a key theoretical achievement, based on serious reconsideration of the main flaws of his own decisionist paradigm, in the light of the French and Italian institutional theories of law. In so doing, the authors elucidate how Schmitt was able to unravel many of the impasses that affected his previous conceptual framework. The authors also make comparisons between Schmitt and other leading legal theorists (H. Kelsen, M. Hauriou, S. Romano and C. Mortati) and explain why the current legal debate should take into serious account his legacy.
Author: Alexander Somek Publisher: Bloomsbury Publishing ISBN: 1509951318 Category : Law Languages : en Pages : 192
Book Description
This book provides a selective and somewhat cheeky account of prominent positions in legal theory, such as American legal realism, modern legal positivism, sociological systems theory, institutionalism and critical legal studies. It presents a relational approach to law and a new perspective on legal sources. The book explores topics of legal theory in a playful manner. It is written and composed in a way that refutes the widespread prejudice that legal theory is a dreary subject, with a cast of characters that occasionally interact in order to illustrate the claims of the book. Legal experts claim to know what the law is. Legal theory-or jurisprudence-explores whether such claims are warranted. The discipline first emerged at the turn of the 20th century, when the self-confidence of both legal scholarship and judicial craftsmanship became severely shattered, but the crisis continues to this day.
Author: Scott Veitch Publisher: Routledge ISBN: 1317749200 Category : Law Languages : en Pages : 363
Book Description
Jurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is presented in three parts: the first two contain general themes with corresponding tutorial questions, and the third contains advanced topics. Every chapter in the book gives guidance on further reading. Accessible, interdisciplinary and socially informed, this book has been revised to take into account the latest developments in jurisprudential scholarship.
Author: Santi Romano Publisher: Taylor & Francis ISBN: 1351674390 Category : Law Languages : en Pages : 180
Book Description
First published in 1917, with a second edition in 1948, this is the first English translation of Santi Romano’s classic work, The Legal Order. The focus is on the notion of institution, which Romano considers the core and distinguishing feature of law. The Legal Order offers precious insights for a thorough rethinking of state-based models of law.
Author: Maurice Hauriou Publisher: Rodopi ISBN: 9401207046 Category : Philosophy Languages : en Pages : 320
Book Description
Preliminary Material -- THE OBJECT AND METHOD OF SOCIAL SCIENCE -- THE OBJECTIVE ELEMENTS OF PROGRESS -- THE PROBLEM OF CONDUCT -- EVOLUTION IN PROGRESS -- SOCIAL SPACE -- SOCIAL FABRICS -- POLITICAL UNITY -- CONCLUSION -- NOTES -- BIBLIOGRAPHY -- ANALYTICAL TABLE OF CONTENTS -- COUNTEREVOLUTION -- A FRAGMENT ON EVOLUTION AND COUNTEREVOLUTION IN THEIR THEOLOGICAL SENSE -- ABOUT THE AUTHOR AND TRANSLATOR -- INDEX -- VIBS.
Author: Christopher B. Gray
Author: Christopher B. Gray
Author: Christopher Berry Grey
Author: Mariano Croce
Author: Olivier Descamps
Author: Martin Loughlin
Author: Mariano Croce
Author: Alexander Somek
Author: Scott Veitch
Author: Santi Romano
Author: Maurice Hauriou