Cambridge University Press, 2008. — 263 p. Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-endedmoral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses...
Springer, 2015. — 455 p. — ISBN: 978-3-319-09374-1; ISBN: 978-3-319-09375-8. This book focuses on the problems of rules, rule-following and normativity as discussed within the areas of analytic philosophy, linguistics, logic and legal theory. Divided into four parts, the volume covers topics in general analytic philosophy, analytic legal theory, legal interpretation and...
Hart Publishing, 2005. - 623 p. - ISBN1-84113-492-9 (hardback) This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more...
Princeton University Press, 2000 - 557 p. In this book, the first to offer a comprehensive examination of the emerging study of law as literature, Guyora Binder and Robert Weisberg show that law is not only a scheme of social order, but also a process of creating meaning, and a crucial dimension of modern culture. They present lawyers as literary innovators, who creatively...
Published by The Penguin Group, 2011. — 256 p. 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's...
Cambridge: Cambridge University Press, 2012. — 460 p. — ISBN: 978-0-521-88560-7 Combining rigorous philosophical analysis with a deep knowledge of law, this study of agreements illuminates legal doctrine by philosophical theory and vice versa. Against the prevailing philosophical view of agreements, the book argues that they are to be understood in terms not of promises but of...
Oxford University Press, 2004. — 1064 p. — (Oxford Handbooks in Law). — ISBN: 019927097X One of the first volumes in the new series of prestigious Oxford Handbooks , The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-seven of the foremost legal theorists currently writing, to provide a state of the art overview of...
Valparaiso University Law Review, Vol. 20, No. 1, pp. 43-53, 1985-1986; Northwestern Public Law Research Paper No. 11-01. January 17, 2011 Abstract: I think there has been an advance in positivist thinking, and that advance consists of the recognition by MacCormick, a positivist, that positivism needs to be justified morally (and not just as an apparent scientific and objective...
London: Routledge, 2011 — 374 p. — ISBN10: 1409431509; ISBN13: 978-1409431503. Adjudication in Action describes the moral dimension of judicial activities and the judicial approach to questions of morality, observing the contextualized deployment of various practices and the activities of diverse people who, in different capacities, find themselves involved with institutional...
Cambridge University Press, 2007. — 262 p. 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...
Cambridge University Press, 2004. — 241 p. An Introduction to Rights is the only accessible and readable introduction to the history, logic, moral implications, and political tendencies of the idea of rights. It is organized chronologically and discusses important historical events such as the French Revolution. It deals with historical figures, including Grotius, Paley,...
4th edition. — London: Stevens & Sons Limited, 1960. — 584 p. Table of Cases Table of Statutes Introductory reflections The Place and Function of Legal Theory Greek Philosophy and the Basic Problems Legal Theory and Social Evolution The Principal Antinomies in Legal Theory A critical survey of legal theories Natural Law and the Search for Absolute Values The Problem of Natural...
Oxford University Press, 2012. — 274 p. — ISBN10: 0199695555, ISBN13: 978-0199695553. John Gardner has developed distinctive and engaging answers to the central questions of legal philosophy, cutting through the technicalities of the subject to clarify and reinvigorate the main arguments about the nature of law. This volume collects that work to provide a major contribution to...
Blackwell Publishing Ltd., 2005. — 357 p. The Blackwell Guide to the Philosophy of Law and Legal Theory is a handy guide to the state of play in contemporary philosophy of law and legal theory. Comprises 23 essays critical essays on the central themes and issues of the philosophy of law today, written by an international assembly of -distinguished philosophers and legal...
Ashgate, 2008. 334 p. ISBN: 0754660540 Resort to natural law is one way of conveying the philosophical conviction that moral norms are not merely conventional rules. Accordingly, the notion of natural law has a clear metaphysical dimension, since it involves the recognition that human beings do not conceive themselves as sheer products of society and history. And yet, if...
Oxford University Press, 1994. - 315 p. The Concept of Law is the most famous work of the legal philosopher H. L. A. Hart. It was first published in 1961 and develops Hart's theory of legal positivism (the view that laws are rules made by human beings and that there is no inherent or necessary connection between law and morality) within the framework of analytic philosophy. In...
Published by Oxford University Press. — 1983. — 397 p. The chapters in this book were written in the twenty-eight years following H. L. A. Hart's inaugural lecture in 1953 as Professor of Jurisprudence at Oxford. Originally published in England, the United States, and elsewhere, in many different journals and books, these chapters cover a wide range of topics. They include...
Routledge-Cavendish, 2003. - 285 p. ISBN: 1859417981 This new book is an edited collection of papers arising from a conference on Law and Development in the twenty-first century held in 2001. It is in honour of the work of Dr Peter Slinn. It draws together the lessons and challenges faced in relation to law and development in the 21st century,with particular reference to the...
Springer, 2018. — 207 p. — ISBN: 978-3-319-74270-0. The book is dedicated to the theoretical problems concerning ratio legis. In the contexts of legal interpretation and legal reasoning, the two most important intellectual tools employed by lawyers, ratio legis would seem to offer an extremely powerful argument. Declaring the ratio legis of a statute can lead to a u-turn...
Springer, 2018. — 144 p. — ISBN: 978-3-319-74270-0. The book is dedicated to the theoretical problems concerning ratio legis. In the contexts of legal interpretation and legal reasoning, the two most important intellectual tools employed by lawyers, ratio legis would seem to offer an extremely powerful argument. Declaring the ratio legis of a statute can lead to a u-turn...
Cambridge University Press, 2007. — 263 p. What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wideranging study that...
Cambridge University Press, 2006. — 256 p. This book treats problems in the epistemology of the law. Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the...
Cambridge University Press, 2005. — 364 p. On the History of the Idea of Law is the first book ever to trace the development of the philosophical theory of law from its first appearance in Plato’s writings to today. Shirley Robin Letwin finds important and positive insights and tensions in the theories of Plato, Aristotle, Augustine, and Hobbes. She finds confusions and serious...
New York University Law Review, Vol. 80, p. 1156, 2005 Abstract: This article provides an empirical study of the effect of precedent on judicial decisionmaking. Precedent is much analyzed as a controlling factor for judicial decisions but rarely tested for its effect. Some have argued that reliance on precedent creates a system of path dependence of the law, which may yield...
Cambridge University Press, 2003. — 226 p. In Beyond Comparison: Sex and Discrimination Timothy Macklem addresses foundational issues in the long-running debate in legal, political, and social theory about the nature of gender discrimination. He takes the highly original and controversial view that the heart of discrimination lies not in the unfavourable comparisons with the...
Routledge, 2012. — 631 p. The Routledge Companion to the Philosophy of Law provides a comprehensive, non-technical philosophical treatment of the fundamental questions about the nature of law. Its coverage includes law’s relation to morality and the moral obligations to obey the law, the main philosophical debates about particular legal areas such as criminal responsibility,...
Princeton University Press, 2011. — ISBN: 978-0-691-14167-1. In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law--an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they...
Cambridge University Press, 2006. — 282 p. This book is a historical and philosophical meditation on paying back and buying back, that is, it is about retaliation and redemption. It takes the law of the talion - eye for an eye, tooth for a tooth - seriously. In its biblical formulation that law states the value of my eye in terms of your eye, the value of your teeth in terms of...
Transl. from the Italian by John Lisle. Intr. by Albert Kocourek. — Boston: Boston Book Company, 1912. — 836 p. — (Modem Legal Philosophy: III) What we are having placed before us is, in an approachable form, the best modern materials of the European continent on philosophy of law. Classified in a word, Miraglia is Vico modernized. History and metaphysics are reconciled, and...
Napoli: Stab. Tipografico della R. Universita. Tessitore e Figlio. 1903. — 627 p. Il principio fondamentale delle cose e del sapere e dalla speculazione greca ritrovato sempre fuori della mente, nell oggetto. L oggetto per gl Ionici e l acqua, la materia pritiva senza qualita determinate, cioe infinita, e l aria; per i Pitagorici e il numero, essenza delle; cose per gli Eleati...
Wiley-Blackwell, 2010. — 690 p. The articles in this new edition of A Companion to Philosophy of Law and Legal Theory have been updated throughout, and the addition of ten new articles ensures that the volume continues to offer the most up-to-date coverage of current thinking in legal philosophy. Represents the definitive handbook of philosophy of law and contemporary legal...
Springer Science+Business Media B.V. 2011, ISSN: 1387-6678, ISBN: 978-90-481-9660-9, 280 p. Degradation, dehumanization, instrumentalization, humiliation, and nonrecognition – these concepts point to ways in which we understand human beings to be violated in their dignity. Concrete practices and conditions bring about violations of human dignity; some commonly acknowledged,...
University of Chicago Press, 2010 - 358 p. Includes bibliographical references and index. Since the earliest days of philosophy, thinkers have debated the meaning of the term happiness and the nature of the good life. But it is only in recent years that the study of happiness — or hedonics — has developed into a formal field of inquiry, cutting across a broad range of...
Cambridge University Press, 2001. — 348 p. When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but until now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of...
Oxford University Press, 2009. — 413 p. Methodological issues Can There be a Theory of Law? Two Views of the Nature of the Theory of Law: Partial Comparison Law, authority, morality On the Nature of Law The Problem of Authority: Revisiting the Service Conception About Morality and the Nature of Law Incorporation by Law Reasoning with Rules Interpretation Why Interpret?...
Cambridge University Press, 2005. — 274 p. This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but...
Cambridge University Press, 2006. — 255 p. What is justice? Questions of justice are questions about what people are due, but what that means in practice depends on context. Depending on context, the formal question of what people are due is answered by principles of desert, reciprocity, equality, or need. Justice, thus, is a constellation of elements that exhibit a degree of...
Madrid: Taurus, 2010. — 499 p. — (Pensamiento). — ISBN: 978-84-306-0686-3. Resulta atractiva la lectura de este último libro de Amartya Sen, La idea de la justicia. Es una obra de filosofía dedicada, como su nombre lo indica, a reflexionar sobre el tema de la justicia, pero llevada a cabo por un economista, lo que resulta menos frecuente.
Harvard University Press, 2011. — 488 p. What is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H.L.A. Hart. Yet many others find it perplexing. How could we possibly know how to answer such an abstract question? And what would be the point of doing so? In Legality, Scott Shapiro argues that the question is not only meaningful but vitally...
2nd Ed. — Oxford University Press, 2014. — 169 p. — (Very Short Introductions). — ISBN: 978-0-199687-00-5. The concept of law lies at the heart of our social and political life, shaping the character of our community and underlying issues from racism and abortion to human rights and international war. Legal philosophy, or jurisprudence, explores the notion of law and its role...
Cambridge University Press, 2008. — 385 p. Recent work in artificial intelligence has increasingly turned to argumentation as a rich interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. In this book, DouglasWalton provides an introduction to basic concepts, tools, and methods in argumentation theory and artificial...
London: Routledge, 2007 — 218 p. — ISBN10: 0754656748; ISBN13: 978-0754656746. What is the ultimate task of law? This deceptively simple question guides this volume towards a radically original philosophical interpretation of law and justice. Weaving together the philosophical, jurisprudential and ethical problems suggested by five general terms - thinking, human suffering,...
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