The Hart-Fuller Debate in the Twenty-First Century

The Hart-Fuller Debate in the Twenty-First Century

Author: Peter Cane

Publisher: Bloomsbury Publishing

Published: 2010-02-16

Total Pages: 307

ISBN-13: 184731757X

DOWNLOAD EBOOK

This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between HLA Hart and Lon L Fuller. These essays do not to re-run that debate and they are not confined to discussion of the jurisprudential issues canvassed by Hart and Fuller. Rather they pick up on strands in the debate and re-think them in the light of social, political and intellectual developments in the past 50 years and changed ways of understanding law and other normative systems. This collection looks forward rather than backward using the debate as a point of departure and inspiration.


Book Synopsis The Hart-Fuller Debate in the Twenty-First Century by : Peter Cane

Download or read book The Hart-Fuller Debate in the Twenty-First Century written by Peter Cane and published by Bloomsbury Publishing. This book was released on 2010-02-16 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between HLA Hart and Lon L Fuller. These essays do not to re-run that debate and they are not confined to discussion of the jurisprudential issues canvassed by Hart and Fuller. Rather they pick up on strands in the debate and re-think them in the light of social, political and intellectual developments in the past 50 years and changed ways of understanding law and other normative systems. This collection looks forward rather than backward using the debate as a point of departure and inspiration.

The Hart-Fuller Debate in the Twenty-first Century

The Hart-Fuller Debate in the Twenty-first Century

Author: Peter Cane

Publisher:

Published: 2010

Total Pages: 297

ISBN-13: 9781472564993

DOWNLOAD EBOOK

This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between H.L.A. Hart and Lon L. Fuller.


Book Synopsis The Hart-Fuller Debate in the Twenty-first Century by : Peter Cane

Download or read book The Hart-Fuller Debate in the Twenty-first Century written by Peter Cane and published by . This book was released on 2010 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between H.L.A. Hart and Lon L. Fuller.

Forms Liberate

Forms Liberate

Author: Kristen Rundle

Publisher: Bloomsbury Publishing

Published: 2012-05-04

Total Pages: 222

ISBN-13: 1847319386

DOWNLOAD EBOOK

Lon L Fuller's account of what he termed 'the internal morality of law' is widely accepted as the classic twentieth century statement of the principles of the rule of law. Much less accepted is his claim that a necessary connection between law and morality manifests in these principles, with the result that his jurisprudence largely continues to occupy a marginal place in the field of legal philosophy. In 'Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller', Kristen Rundle offers a close textual analysis of Fuller's published writings and working papers to explain how his claims about the internal morality of law belong to a wider exploration of the ways in which the distinctive 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 twenty-first century legal scholarship.


Book Synopsis Forms Liberate by : Kristen Rundle

Download or read book Forms Liberate written by Kristen Rundle and published by Bloomsbury Publishing. This book was released on 2012-05-04 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lon L Fuller's account of what he termed 'the internal morality of law' is widely accepted as the classic twentieth century statement of the principles of the rule of law. Much less accepted is his claim that a necessary connection between law and morality manifests in these principles, with the result that his jurisprudence largely continues to occupy a marginal place in the field of legal philosophy. In 'Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller', Kristen Rundle offers a close textual analysis of Fuller's published writings and working papers to explain how his claims about the internal morality of law belong to a wider exploration of the ways in which the distinctive 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 twenty-first century legal scholarship.

The Twenty-First Century and Its Discontents

The Twenty-First Century and Its Discontents

Author: Jack Simmons

Publisher: Rowman & Littlefield

Published: 2020-12-10

Total Pages: 293

ISBN-13: 1793608008

DOWNLOAD EBOOK

American culture is changing, a sentiment echoed in phrases such as “the new normal,” and “in these uncertain times,” that regularly introduce all forms of public discourse now, signally a national sense of vulnerability and transformation. Cultural shifts generally involve multiple catalysts, but in this collection the contributors focus on the role changing discourse norms play in cancel culture, corporatism, the counter-sexual revolution, racialism, and a radically divided political climate. Three central themes arise in the arguments. First, that contemporary discourse norms emphasize outcomes rather than shared understanding, which support institutional and political goals but contribute to the contemporary political divide, and the notion that we are engaged in a zero-sum game. These discourse norms give rise to a form of Adorno’s administered world, such that we order society according to dominant opinions, which generally means those well acclimated to institutional and corporate culture. Finally, as Arendt feared, the personal has become political, meaning that the toxic public discourse invades private discourse, reducing personal autonomy and leaving us perpetually under the scrutiny of institutional authority.


Book Synopsis The Twenty-First Century and Its Discontents by : Jack Simmons

Download or read book The Twenty-First Century and Its Discontents written by Jack Simmons and published by Rowman & Littlefield. This book was released on 2020-12-10 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: American culture is changing, a sentiment echoed in phrases such as “the new normal,” and “in these uncertain times,” that regularly introduce all forms of public discourse now, signally a national sense of vulnerability and transformation. Cultural shifts generally involve multiple catalysts, but in this collection the contributors focus on the role changing discourse norms play in cancel culture, corporatism, the counter-sexual revolution, racialism, and a radically divided political climate. Three central themes arise in the arguments. First, that contemporary discourse norms emphasize outcomes rather than shared understanding, which support institutional and political goals but contribute to the contemporary political divide, and the notion that we are engaged in a zero-sum game. These discourse norms give rise to a form of Adorno’s administered world, such that we order society according to dominant opinions, which generally means those well acclimated to institutional and corporate culture. Finally, as Arendt feared, the personal has become political, meaning that the toxic public discourse invades private discourse, reducing personal autonomy and leaving us perpetually under the scrutiny of institutional authority.

The Morality of Law

The Morality of Law

Author: Lon Luvois Fuller

Publisher:

Published: 2004

Total Pages: 0

ISBN-13: 9788175341630

DOWNLOAD EBOOK


Book Synopsis The Morality of Law by : Lon Luvois Fuller

Download or read book The Morality of Law written by Lon Luvois Fuller and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Functions of Law

The Functions of Law

Author: Kenneth M. Ehrenberg

Publisher: Oxford University Press

Published: 2016-03-11

Total Pages: 241

ISBN-13: 019166846X

DOWNLOAD EBOOK

What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities.


Book Synopsis The Functions of Law by : Kenneth M. Ehrenberg

Download or read book The Functions of Law written by Kenneth M. Ehrenberg and published by Oxford University Press. This book was released on 2016-03-11 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities.

Getting to the Rule of Law

Getting to the Rule of Law

Author: James E. Fleming

Publisher: NYU Press

Published: 2011-09-01

Total Pages: 310

ISBN-13: 0814728448

DOWNLOAD EBOOK

The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.


Book Synopsis Getting to the Rule of Law by : James E. Fleming

Download or read book Getting to the Rule of Law written by James E. Fleming and published by NYU Press. This book was released on 2011-09-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.

The Law in Quest of Itself

The Law in Quest of Itself

Author: Lon L. Fuller

Publisher: The Lawbook Exchange, Ltd.

Published: 1999

Total Pages: 190

ISBN-13: 1584770163

DOWNLOAD EBOOK

Fuller, Lon L. The Law in Quest of Itself. Boston: Beacon Press, 1966. [vi], 150 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-32863. ISBN-13: 978-1-58477-016-9. ISBN-10: 1-58477-016-3. Cloth. $60.* Three lectures by the Harvard Law School professor examine legal positivism and natural law. In the course of his analysis Fuller discusses Kelsen's theory as a reactionary theory, and Hobbes' theory of sovereignty. He defines legal positivism as the viewpoint that draws a distinction "between the law that is and the law that ought to be..." (p.5) and interprets natural law as that which tolerates a combination of the two. He looks at the effects of positivism's continued influence on American legal thinking and concludes that law as a principle of order is necessary in a democracy.


Book Synopsis The Law in Quest of Itself by : Lon L. Fuller

Download or read book The Law in Quest of Itself written by Lon L. Fuller and published by The Lawbook Exchange, Ltd.. This book was released on 1999 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fuller, Lon L. The Law in Quest of Itself. Boston: Beacon Press, 1966. [vi], 150 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-32863. ISBN-13: 978-1-58477-016-9. ISBN-10: 1-58477-016-3. Cloth. $60.* Three lectures by the Harvard Law School professor examine legal positivism and natural law. In the course of his analysis Fuller discusses Kelsen's theory as a reactionary theory, and Hobbes' theory of sovereignty. He defines legal positivism as the viewpoint that draws a distinction "between the law that is and the law that ought to be..." (p.5) and interprets natural law as that which tolerates a combination of the two. He looks at the effects of positivism's continued influence on American legal thinking and concludes that law as a principle of order is necessary in a democracy.

The Principles of Social Order

The Principles of Social Order

Author: Lon Luvois Fuller

Publisher: Durham, N.C. : Duke University Press

Published: 1981

Total Pages: 326

ISBN-13:

DOWNLOAD EBOOK


Book Synopsis The Principles of Social Order by : Lon Luvois Fuller

Download or read book The Principles of Social Order written by Lon Luvois Fuller and published by Durham, N.C. : Duke University Press. This book was released on 1981 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Summer for the Gods

Summer for the Gods

Author: Edward J Larson

Publisher: Basic Books

Published: 2020-06-16

Total Pages: 352

ISBN-13: 1541646029

DOWNLOAD EBOOK

The Pulitzer Prize-winning history of the Scopes Trial and the battle over evolution and creation in America's schools In the summer of 1925, the sleepy hamlet of Dayton, Tennessee, became the setting for one of the twentieth century's most contentious courtroom dramas, pitting William Jennings Bryan and the anti-Darwinists against a teacher named John Scopes, represented by Clarence Darrow and the ACLU, in a famous debate over science, religion, and their place in public education. That trial marked the start of a battle that continues to this day-in cities and states throughout the country. Edward Larson's classic Summer for the Gods -- winner of the Pulitzer Prize in History -- is the single most authoritative account of this pivotal event. An afterword assesses the state of the battle between creationism and evolution, and points the way to how it might potentially be resolved.


Book Synopsis Summer for the Gods by : Edward J Larson

Download or read book Summer for the Gods written by Edward J Larson and published by Basic Books. This book was released on 2020-06-16 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Pulitzer Prize-winning history of the Scopes Trial and the battle over evolution and creation in America's schools In the summer of 1925, the sleepy hamlet of Dayton, Tennessee, became the setting for one of the twentieth century's most contentious courtroom dramas, pitting William Jennings Bryan and the anti-Darwinists against a teacher named John Scopes, represented by Clarence Darrow and the ACLU, in a famous debate over science, religion, and their place in public education. That trial marked the start of a battle that continues to this day-in cities and states throughout the country. Edward Larson's classic Summer for the Gods -- winner of the Pulitzer Prize in History -- is the single most authoritative account of this pivotal event. An afterword assesses the state of the battle between creationism and evolution, and points the way to how it might potentially be resolved.