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In this volume, Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice.
Book Synopsis Moral Aspects of Legal Theory by : David Lyons
Download or read book Moral Aspects of Legal Theory written by David Lyons and published by Cambridge University Press. This book was released on 1993-01-29 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice.
Book Synopsis Ethical Dimensions of Legal Theory by :
Download or read book Ethical Dimensions of Legal Theory written by and published by BRILL. This book was released on 2021-11-15 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Ethical Dimensions of Legal Theory by : Wojciech Sadurski
Download or read book Ethical Dimensions of Legal Theory written by Wojciech Sadurski and published by Rodopi. This book was released on 1991 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.
Book Synopsis The Problematics of Moral and Legal Theory by : Richard A. Posner
Download or read book The Problematics of Moral and Legal Theory written by Richard A. Posner and published by Harvard University Press. This book was released on 2009-06-01 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.
The Legal Theory of Ethical Positivism re-establishes some of the dogmas of classical legal positivism regarding the separation of legizlation and adjudication and the feasibility of institutionalizing the morally neutral application of rules as an ideal capable of significant realization. This is supplemented by an analysis of the formal similarities of the morally and legally adjudicative points of view which offers the prospects of attributing a degree of moral authority to positivistic rule application in particular cases. These theories are worked through in their application to specific problem areas, particularly freedom of communication.
Book Synopsis The Legal Theory of Ethical Positivism by : Tom D. Campbell
Download or read book The Legal Theory of Ethical Positivism written by Tom D. Campbell and published by Routledge. This book was released on 2016-12-05 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legal Theory of Ethical Positivism re-establishes some of the dogmas of classical legal positivism regarding the separation of legizlation and adjudication and the feasibility of institutionalizing the morally neutral application of rules as an ideal capable of significant realization. This is supplemented by an analysis of the formal similarities of the morally and legally adjudicative points of view which offers the prospects of attributing a degree of moral authority to positivistic rule application in particular cases. These theories are worked through in their application to specific problem areas, particularly freedom of communication.
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Book Synopsis Philosophy of Law: A Very Short Introduction by : Raymond Wacks
Download or read book Philosophy of Law: A Very Short Introduction written by Raymond Wacks and published by OUP Oxford. This book was released on 2014-02-27 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Download or read book Morals and Law written by Max Hamburger and published by . This book was released on 2011-05-01 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Talk about law often includes reference to ideals of justice, equality or freedom. But what do we refer to when we speak about ideals in the context of law? This book explores the concept of ideals by combining an investigation of different theories of ideals with a discussion of the role of ideals in law. A comparison of the theories of Gustav Radbruch and Philip Selznick leads up to a pragmatist theory of legal ideals, which provides an interesting new position in the debate about values in law between legal positivists and natural law thinkers. Attention for law's central ideals enables us to understand law's autonomous character, while at the same time tracing its connection to societal values. Essential reading for anyone interested in the role of values or ideals in law.
Book Synopsis The Concept of Ideals in Legal Theory by : Sanne Taekema
Download or read book The Concept of Ideals in Legal Theory written by Sanne Taekema and published by Springer Science & Business Media. This book was released on 2002-12-31 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Talk about law often includes reference to ideals of justice, equality or freedom. But what do we refer to when we speak about ideals in the context of law? This book explores the concept of ideals by combining an investigation of different theories of ideals with a discussion of the role of ideals in law. A comparison of the theories of Gustav Radbruch and Philip Selznick leads up to a pragmatist theory of legal ideals, which provides an interesting new position in the debate about values in law between legal positivists and natural law thinkers. Attention for law's central ideals enables us to understand law's autonomous character, while at the same time tracing its connection to societal values. Essential reading for anyone interested in the role of values or ideals in law.
Founders of Modern Political and Social Thought Series Editor: Dr Mark Philp, Oriel College, University of Oxford Founders of Modern Political and Social Thought present critical examinations of the work of major political philosophers and social theorists, assessing both their initial contribution and continuing relevance to politics and society. Each volume provides a clear, accessible, historically-informedaccount of each thinker's work, focusing on a re-assessment of their central ideas and arguments. Founders encourage scholars and students to link their study of classic texts to current debates in political philosophy and social theory. This launch volume in the Founders of Modern Political and Social Thought series presents a critical examination of Machiavelli's thought, combining an accessible, historically-informed account of his work with a re-assessment of his central ideas and arguments. Maurizio Viroli challenges theaccepted interpretations of Machiavelli's work, insisting that his republicanism was based not on a commitment to virtue, greatness, and expansion, but to the ideal of civic life protected by the shield of fair laws. His detailed study of how Machiavelli composed his famous work The Prince presentsnew interpretations, and he further argues that the most challengingand completely underestimatedaspect of Machiavelli's thought is his philosophy of life, in particular his conceptions of love, women, irony, God, and the human condition. Viroli demonstrates that Machiavelli composed The Prince,and all his works, according to the rules of classical rhetoric and never intended to found the 'modern science of politics', aiming rather to continue and refine the practice of political theorising as a rhetorical endeavour taught by the Roman masters of civic philosophy. Viroli's Machiavelli, aserious challenge to contemporary methods of doing political theory, will be essential for advanced students of the history of political thought.
Book Synopsis Aquinas by : John Finnis
Download or read book Aquinas written by John Finnis and published by Oxford University Press, USA. This book was released on 1998 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Founders of Modern Political and Social Thought Series Editor: Dr Mark Philp, Oriel College, University of Oxford Founders of Modern Political and Social Thought present critical examinations of the work of major political philosophers and social theorists, assessing both their initial contribution and continuing relevance to politics and society. Each volume provides a clear, accessible, historically-informedaccount of each thinker's work, focusing on a re-assessment of their central ideas and arguments. Founders encourage scholars and students to link their study of classic texts to current debates in political philosophy and social theory. This launch volume in the Founders of Modern Political and Social Thought series presents a critical examination of Machiavelli's thought, combining an accessible, historically-informed account of his work with a re-assessment of his central ideas and arguments. Maurizio Viroli challenges theaccepted interpretations of Machiavelli's work, insisting that his republicanism was based not on a commitment to virtue, greatness, and expansion, but to the ideal of civic life protected by the shield of fair laws. His detailed study of how Machiavelli composed his famous work The Prince presentsnew interpretations, and he further argues that the most challengingand completely underestimatedaspect of Machiavelli's thought is his philosophy of life, in particular his conceptions of love, women, irony, God, and the human condition. Viroli demonstrates that Machiavelli composed The Prince,and all his works, according to the rules of classical rhetoric and never intended to found the 'modern science of politics', aiming rather to continue and refine the practice of political theorising as a rhetorical endeavour taught by the Roman masters of civic philosophy. Viroli's Machiavelli, aserious challenge to contemporary methods of doing political theory, will be essential for advanced students of the history of political thought.
Legal and moral reasoning share much methodology, and they address similar problems. This volume charts two shared problems: the relation between theory, principles and particular judgments; and the role of facts and factual assertions in normative settings. The relation between 'theory' and 'practice' and between 'principle' and 'particular judgment' has become the subject of much debate in moral philosophy. In the ongoing debate, some moral philosophers refer to legal philosophy for a support of their views on the primacy of 'practice' over 'theory'. According to them, legal philosophy should have a more balanced view in that relation. In the contributions to Part One this claim is critically analysed. The role of the facts is underestimated in discussions on legal reasoning and legal theory, as well as moral reasoning and ethical theory. Factual statements enter into moral and legal discussions not only because they link the conclusion with a rule. They also play a role as background assumptions in supporting a theory. Its focus on the role of facts in normative reasoning makes this book of special interest to scholars of legal and moral argumentation.
Book Synopsis Reasoning in Ethics and Law by : A. W. Musschenga
Download or read book Reasoning in Ethics and Law written by A. W. Musschenga and published by Routledge. This book was released on 1999 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal and moral reasoning share much methodology, and they address similar problems. This volume charts two shared problems: the relation between theory, principles and particular judgments; and the role of facts and factual assertions in normative settings. The relation between 'theory' and 'practice' and between 'principle' and 'particular judgment' has become the subject of much debate in moral philosophy. In the ongoing debate, some moral philosophers refer to legal philosophy for a support of their views on the primacy of 'practice' over 'theory'. According to them, legal philosophy should have a more balanced view in that relation. In the contributions to Part One this claim is critically analysed. The role of the facts is underestimated in discussions on legal reasoning and legal theory, as well as moral reasoning and ethical theory. Factual statements enter into moral and legal discussions not only because they link the conclusion with a rule. They also play a role as background assumptions in supporting a theory. Its focus on the role of facts in normative reasoning makes this book of special interest to scholars of legal and moral argumentation.
