A Natural Law Approach To Normativity

Author by : Bebhinn Donnelly
Languange : en
Publisher by : Routledge
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Description : Exploring the relationship between natural law theory and the philosophy of law, Bebhinn Donnelly proposes a new approach to natural law theory - one which addresses some of the tradition's shortcomings and advances further its approach to Hume's dichotomy. Key features: ¢ Provides a clear definition of `nature' in this context ¢ Contrasts the work of Hume and Kant regarding the `is/ought' issue ¢ Examines the approach in traditional natural law ¢ Presents a full discussion of Finnis and the departure from traditional natural law ¢ Proposes a new, natural law approach to normativity, drawing on the strengths of traditional natural law theory ¢ Illustrates how natural law may provide a normative base for law A Natural Law Approach to Normativity presents an original perspective on natural law theory and will be of interest to academics in philosophy of law, moral/political philosophy, natural law theorists, and students of jurisprudence internationally.


A Natural Law Approach To Normativity

Author by : Bebhinn Donnelly
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 89
Total Download : 599
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Description : Exploring the relationship between natural law theory and the philosophy of law, Bebhinn Donnelly proposes a new approach to natural law theory - one which addresses some of the tradition's shortcomings and advances further its approach to Hume's dichotomy. Key features: ¢ Provides a clear definition of `nature' in this context ¢ Contrasts the work of Hume and Kant regarding the `is/ought' issue ¢ Examines the approach in traditional natural law ¢ Presents a full discussion of Finnis and the departure from traditional natural law ¢ Proposes a new, natural law approach to normativity, drawing on the strengths of traditional natural law theory ¢ Illustrates how natural law may provide a normative base for law A Natural Law Approach to Normativity presents an original perspective on natural law theory and will be of interest to academics in philosophy of law, moral/political philosophy, natural law theorists, and students of jurisprudence internationally.


The Defence Of Natural Law

Author by : Charles Covell
Languange : en
Publisher by : Springer
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Description : The Defence of Natural Law comprises a study of the philosophies of law expounded by Lon L. Fuller, Michael Oakeshott, F.A. Hayek, Ronald Dworkin and John Finnis. The work of these theorists is situated in relation to the modern tradition in legal philosophy. In this way, it is demonstrated that the theorists adhered closely to the natural law standpoint in legal philosophy, while also defending the particular view of the proper functions of law and the state that distinguished the tradition of modern liberalism.


The Normative Force Of The Factual

Author by : Nicoletta Bersier Ladavac
Languange : en
Publisher by : Springer
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Description : This book explores the interrelation of facts and norms. How does law originate in the first place? What lies at the roots of this phenomenon? How is it preserved? And how does it come to an end? Questions like these led Georg Jellinek to speak of the “normative force of the factual” in the early 20th century, emphasizing the human tendency to infer rules from recurring events, and to perceive a certain practice not only as a fact but as a norm; a norm which not only allows us to distinguish regularity from irregularity, but at the same time, to treat deviances as transgressions. Today, Jellinek’s concept still provides astonishing insights on the dichotomy of “is” and “ought to be”, the emergence of the normative, the efficacy and the defeasibility of (legal) norms, and the distinct character of what legal theorists refer to as “normativity”. It leads us back to early legal history, it connects anthropology and legal theory, and it demonstrates the interdependence of law and the social sciences. In short: it invites us to fundamentally reassess the interrelation of facts and norms from various perspectives. The contributing authors to this volume have accepted that invitation.


Natural Law And Justice

Author by : Lloyd L. Weinreb
Languange : en
Publisher by : Harvard University Press
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Description : "Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe. Professor Weinreb restores the original understanding of natural law as a philosophy about the place of humankind in nature. He traces the natural law tradition from its origins in Greek speculation through its classic Christian statement by Thomas Aquinas. He goes on to show how the social contract theorists adapted the idea of natural law to provide for political obligation in civil society and how the idea was transformed in Kant's account of human freedom. He brings the historical narrative down to the present with a discussion of the contemporary debate between natural law and legal positivism, including particularly the natural law theories of Finnis, Richards, and Dworkin. Professor Weinreb then adopts the approach of modern political philosophy to develop the idea of justice as a union of the distinct ideas of desert and entitlement. He shows liberty and equality to be the political analogues of desert and entitlement and both pairs to be the normative equivalents of freedom and cause. In this part of the book, Weinreb considers the theories of justice of Rawls and Nozick as well as the communitarian theory of Maclntyre and Sandel. The conclusion brings the debates about natural law and justice together, as parallel efforts to understand the human condition. This original contribution to legal philosophy will be especially appreciated by scholars, teachers, and students in the fields of political philosophy, legal philosophy, and the law generally.


Conceptual Jurisprudence

Author by : Jorge Luis Fabra Zamora
Languange : en
Publisher by : Springer Nature
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Description : This book brings together leading legal theorists to present original philosophical work on the concept of law - the central question of jurisprudence. It covers five broad topics: firstly it addresses debates concerning the methodology of jurisprudence. In Part II it focuses on the notion of a legal system and its coercive nature, while Part III explores the relationships between law and morality, the traditional point of contention between positivist and non-positivist theories of law. Part IV then examines questions regarding law's normative character and relationships with practical reason. Lastly, the final part introduces two novel theoretical approaches to conceptual jurisprudence.


The Normativity Of The Natural

Author by : Mark J. Cherry
Languange : en
Publisher by : Springer Science & Business Media
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Description : Western philosophy has long nurtured the hope to resolve moral controversies through reason; thereby to secure moral direction and human meaning without the need for a defining encounter with God or the transcendent. The expectation is for a moral rationality that is universal and able adequately to frame and guide the moral life. Moral and cultural unity was sought though philosophical reflection on human nature and the basic goods of a properly nurtured and virtuous life—that is, through appeal to what has come to be called the natural law. The natural law addresses permissible moral choice through objective understandings of human nature and human goods. Persons are obligated to act in ways that are compatible with creating and integrating the basic human goods into their lives and the lives of others. Such goods provide the basis for practical reasoning about virtuous choices and immediate reasons for action. The goal is the making of rational choices in the pursuit of a virtuous, flourishing, human life. Natural law theorists have argued extensively against human cloning, abortion, and same-gender marriage. Yet, whose assumptions regarding human nature should guide our understanding of the basic goods that mark the full flourishing human life? Moreover, why should nature, even human nature, be thought of as a moral boundary beyond which one must not trespass? Persons may wish actively to direct human evolution, utilizing the tools of both imagination and biotechnology. Perhaps nature is simply a challenge to be addressed, overcome, and set aside. This volume is a critical exploration of natural law theory.


Legal Norms And Normativity

Author by : Sylvie Delacroix
Languange : en
Publisher by : Bloomsbury Publishing
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Description : This book offers a 'genealogical' explanation of law's normativity. The term 'genealogical' conveys a commitment to a non-metaphysical type of enquiry. While it explains how law, as a normative phenomenon, comes about, it does not seek to ground law's normativity in anything but the context of social interaction giving rise to it. Legal normativity is brought about on a daily basis. Whether in revolutionary circumstances or in the quotidian need for judges, lawmakers or citizens to balance law's demands with those of morality or prudence, our ability to bind ourselves through law ultimately depends on our capacity to articulate a better way of living together, and to commit ourselves to it. These efforts of assessment and articulation depend, in turn, on our conception of normative agency. Assert the need to trace the truth of ethical judgments to some independent moral 'facts' conditioning their objectivity, and you will get a different understanding of what it is we are doing when we dispute law's authority in the name of moral values. Tracing the truth of moral judgements back to our own social practices not only affects the nature of disagreement; it also dramatically increases our responsibility when, as lawmakers, judges, or citizens we 'take the law into our own hands' and confront it with our moral expectations.


Assisted Suicide And Euthanasia

Author by : Craig Paterson
Languange : en
Publisher by : Routledge
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Description : As medical technology advances and severely injured or ill people can be kept alive and functioning long beyond what was previously medically possible, the debate surrounding the ethics of end-of-life care and quality-of-life issues has grown more urgent.In this lucid and vigorous new book, Craig Paterson discusses assisted suicide and euthanasia from a fully fledged but non-dogmatic secular natural law perspective. He rehabilitates and revitalises the natural law approach to moral reasoning by developing a pluralistic account of just why we are required by practical rationality to respect and not violate key demands generated by the primary goods of persons, especially human life.Important issues that shape the moral quality of an action are explained and analysed: intention/foresight; action/omission; action/consequences; killing/letting die; innocence/non-innocence; and, person/non-person. Paterson defends the central normative proposition that 'it is always a serious moral wrong to intentionally kill an innocent human person, whether self or another, notwithstanding any further appeal to consequences or motive'.


Natural Law And Thomistic Juridical Realism Prospects For A Dialogue With Contemporary Legal Theory

Author by : Petar Popovic
Languange : en
Publisher by : CUA Press
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Description : This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.


Uncovering The Constitution S Moral Design

Author by : Paul R. DeHart
Languange : en
Publisher by : University of Missouri Press
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Description : The U.S. Constitution provides a framework for our laws, but what does it have to say about morality? Paul DeHart ferrets out that document's implicit moral assumptions as he revisits the notion that constitutions are more than merely practical institutional arrangements. In Uncovering the Constitution's Moral Design, he seeks to reveal, elaborate, and then evaluate the Constitution's normative framework to determine whether it is philosophically sound-and whether it makes moral assumptions that correspond to reality. Rejecting the standard approach of the intellectual historian, DeHart for the first time in constitutional theory applies the method of inference to the best explanation to ascertaining our Constitution's moral meaning. He distinguishes the Constitution's intention from the subjective intentions of the framers, teasing out presuppositions that the document makes about the nature of sovereignty, the common good, natural law, and natural rights. He then argues that the Constitution constrains popular sovereignty in a way that entails a real common good, transcendent of human willing and promotive of human well-being, but he points out that while the Constitution presupposes a real common good, it also implies a natural law that prescribes the common good. In critiquing previous attempts at describing and evaluating the Constitution's normative framework, DeHart demonstrates that the Constitution's moral framework corresponds largely to classical moral theory. He challenges the logical coherency of modern moral philosophy, normative positivism, and other theories that the Constitution has been argued to embody and offers a groundbreaking methodology that can be applied to uncovering the normative framework of other constitutions as well. This cogently argued study shows that the Constitution presupposes a natural law to which human law must conform, and it takes a major step in resolving current debates over the Constitution's normative framework while remaining detached from the social issues that divide today's political arena. Uncovering the Constitution's Moral Design is an original approach to the Constitution that marks a significant contribution to understanding the moral underpinnings of our form of government.


Justice And Morality

Author by : Amanda Russell Beattie
Languange : en
Publisher by : Routledge
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Description : Bridging the contending theories of natural law and international relations, this book proposes a 'relational ontology' as the basis for rethinking our approach to international politics. Amanda Beattie challenges both the conventional interpretation of natural law as necessarily and intractably theological, and the dominant conception of international relations as structurally distinct from the ends of human good, in order to recover the centrality of other-directed agency to the promotion of human development. Offering an important contribution to the study of international political thought, the book contains a number of challenging and controversial ideas which should provoke constructive debate within international relations theory, political theory, and philosophical ethics.


Moral Leadership In The Church A Normative Approach

Author by : Bishop Felix Clarence Orji
Languange : en
Publisher by : WestBow Press
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Description : In a time of confusion, uncertainty, debate, and division regarding what constitutes right moral behaviour, the subject of responsible moral leadership in the church takes on fresh urgency. But at this critical time of need for moral leadership, too many clergy simply mirror the uncertainty or abnegate the responsibility. This book addresses this anomaly specifically by proposing a normative model for moral leadership in the local church. Pastors and leaders of all Christians traditions will find this book very informative and useful. The book begins with an overview of the historical, theological and biblical bases for Christian leadership and more particularly, what the moral dimension of such leadership means. Various Christian traditions are surveyed for insights into the character, vision and tasks of moral leadership including the authoritative sources for ethical reflection and moral guidance. Since Dr. Felix Orji is a Bishop in the Anglican Communion, he includes a chapter on that tradition to give a sense of the ecclesiastical ethos in which presbyters must exercise such leadership. This is followed by a clear examination of Scripture in regard to what it tells us about moral leadership. This book ends with a detailed normative model for moral leadership in the church and a leadership training resource specifically designed for such leadership.


Meta Ethics And Normative Ethics

Author by : H. J. McCloskey
Languange : en
Publisher by : Springer
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Description : The purpose of this work is to develop a general theory of ethics which ex plains the logical status of moral judgments and the nature of the general principles which we should adopt and on the basis of which we should act. The enquiry into the logical function of moral judgments is entered into as important in its own right and as a preliminary to the normative enquiry, for it is on the basis of our conclusions in the area of meta-ethics, that we de termine the appropriate method of reaching our normative ethic. The ap proach followed in the meta-ethical enquiry is that of examining theories of the past and present with a view to seeing why and in what respects they fall, in particular, what features of moral discourse are not adequately explained or accommodated by them. A positive theory which seeks to take full account of these and an other logical features of moral discourse is then developed in terms of a modified intuitionism of the kind outlined by W. D. Ross, 'good' being explained as the name of a consequential property, 'right' in terms of moral suitability, and moral obligations as consisting in our being constrained to act in certain ways by facts we apprehend to constitute moral reasons which constrain us so to act.


The Invention Of Custom

Author by : Francesca Iurlaro
Languange : en
Publisher by : Oxford University Press
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Description : The concept of customary international law, although differently formulated, is already present in early modern European debates on natural law and the law of nations. However, no scholarly monograph has, until now, addressed the relationship between custom and the European natural law and ius gentium tradition. This book tells that neglected story, and offers a solid conceptual framework to contextualize and understand the 'problematic of custom', namely how to identify its normative content. Natural law doctrines, and the different ways in which they help construct human reason, provided custom with such normative content. This normative content consists of a set of fundamental moral values that help identify the status of custom as either a fundamental feature or an original source of ius gentium. This book explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so. Two crucial issues form the core of the book's analysis. Firstly, it qualifies the nature of the interrelation between natural law and ius gentium, explaining why it matters in relation to our understanding of the idea of custom. Second, the book claims that the process of custom formation as a source of law calls into question the role of the authority of history. The interpretation of the past through this approach can thus be described as one of 'invention'.


Making The Law Explicit

Author by : Matthias Klatt
Languange : en
Publisher by : Bloomsbury Publishing
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Description : Legal argumentation consists in the interpretation of texts. Therefore, it has a natural connection to the philosophy of language. Central issues of this connection, however, lack a clear answer. For instance, how much freedom do judges have in applying the law? How are the literal and the purposive approaches related to one another? How can we distinguish between applying the law and making the law? This book provides answers by means of a complex and detailed theory of literal meaning. A new legal method is introduced, namely the further development of the law. It is so far unknown in Anglo-American jurisprudence, but it is shown that this new method helps in solving some of the most crucial puzzles in jurisprudence. At its centre the book addresses legal indeterminism and refutes linguistic-philosophical reasons for indeterminacy. It spells out the normative character of interpretation as emphasized by Raz and, with the help of Robert Brandom's normative pragmatics, it is shown that the relativism of interpretation from a normative perspective does not at all justify scepticism. On the contrary, it supports the claim that legal argumentation can be objective, and maintains that statements on the meaning of a statute can be right or wrong, and take on inter-subjective validity accordingly. This book breaks new ground in transferring Brandom's philosophy to legal theoretical problems and presents an original and exciting analysis of the semantic argument in legal argumentation. It was the recipient of the European Award for Legal Theory in 2002. 'This book represents, on the one hand, a reception of Robert Brandom's important theory including applications of this theory in the field of legal philosophy and, on the other, an exploration of the limits of an appeal in legal interpretation to the text. The enquiry thereby impinges upon the central juridico-philosophical themes of meaning, objectivity, and normativity. The author's work counts as a significant contribution to analytical jurisprudence and is deserving of a wide readership.' Robert Alexy, Professor for Public Law and Legal Philosophy, Kiel. 'Klatt focuses on a very profound theory of concept formation and uses this theory in a creative way to solve classical problems of legal argumentation.' Aleksander Peczenik


Church Law In Modernity

Author by : Judith Hahn
Languange : en
Publisher by : Cambridge University Press
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Description : Discusses natural law as a traditional but highly contested source of canon law.


Law Institution And Legal Politics

Author by : Ota Weinberger
Languange : en
Publisher by : Springer Science & Business Media
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Description : It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.


Contemporary Catholic Health Care Ethics

Author by : David F. Kelly
Languange : en
Publisher by : Georgetown University Press
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Description : As David Kelly writes, "Catholic moral theology has not been completely constant over the centuries; it has learned and developed." In Contemporary Catholic Health Care Ethics he demonstrates how Catholic health care ethics can—and should—evolve similarly in response to the lightning speed of modern medical advances. Kelly draws on and analyzes the Catholic tradition of medical ethics—but he does not shy away from criticizing it as well, giving health care professionals, hospital ethics committees, and students a fresh treatment of Catholic health care ethics emphasizing theology, methodology, and application. First discussing the Catholic understanding of the human person, Kelly proposes a Catholic Christian approach to the meaning of human life as it applies specifically to health care. He includes a brief history of the relationship between religion and medicine, and makes strong claims about how theology ought and ought not to be applied in health care ethics. Drawing from the terminology and approaches used by secular bioethics, he suggests how a Catholic perspective on health care can utilize certain secular moral-philosophical positions, even as they apply to the issues of birth control, and end-of life concerns. As practitioners, patients, and families face the difficult decision to continue or stop treatment for dying patients, Kelly compassionately, but practically, explores their concerns in light of American law and ethics. Finally, he provides measured insight on pain management, hospital ethics committees, stem cell research, genetic engineering, and allocation of health care resources. Contemporary Catholic Health Care Ethics is informed, challenging, articulate, and bold—bringing to the extremely important field of Catholic health care ethics a much-needed and welcome voice, unafraid to speak to the most difficult issues of the 21st century.


Natural Law Theory

Author by : Robert P. George
Languange : en
Publisher by : Oxford University Press
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Description : This volume presents twelve original essays by contemporary natural law theorists and their critics. Natural law theory is enjoying a revival of interest today in a variety of disciplines, including law, philosophy, political science, and theology and religious studies. These essays offer readers a sense of the lively contemporary debate among natural law theorists of different schools, as well as between natual law theorists and their critics.


Jurisprudence

Author by : Robert L. Hayman
Languange : en
Publisher by : West Academic Publishing
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Total Read : 61
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Description : This text presents cutting edge contemporary materials, as well as new chapters on Natural Law, Positivism, Gay Legal Rights and Critical Lawyering. The book offers comprehensive coverage of legal theory from traditional to current movements, including new materials on Legal Formalism, Legal Process, Latino Critical, and Queer Critical Theory. Also contains extensive readings and updated and amplified notes, questions, problems, and bibliographies.


Natural Law Economics And The Common Good

Author by : Samuel Gregg
Languange : en
Publisher by : Andrews UK Limited
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Total Read : 86
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Description : In the wake of the financial crisis of 2008 and ongoing debt-related troubles there have been widespread calls to put banking and economic activity on a secure ethical foundation, either by regulation or through voluntary reform. In this volume a distinguished set of authors explore various economic, philosophical, and ethical ideas from historical, contemporary, and future-looking perspectives. At the core are two related ideas much mentioned but far more rarely examined: the idea of natural law and that of the common good. In these essays the foundations and meaning of these notions are carefully studied and put to work in examining the nature and scope of ethics in relation to global economics.


An Institutional Theory Of Law

Author by : N. MacCormick
Languange : en
Publisher by : Springer Science & Business Media
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Kelsenian Legal Science And The Nature Of Law

Author by : Peter Langford
Languange : en
Publisher by : Springer
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Total Read : 15
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Description : This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher. The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the book provides a sustained reflection upon central aspects of Kelsenian legal science and the nature of law. Parts one and two examine the validity of the project of Kelsenian legal science with particular reference to the social fact thesis, the notion of a science of positive law and the specifically Kelsenian concept of the basic norm (Grundnorm). The next three parts engage in a critical analysis of the relationship of Kelsenian legal science to constitutionalism, practical reason, and human rights. The last part involves an examination of the continued pertinence of Kelsenian legal science as a theory of the nature of law with a particular focus upon contemporary non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivism from a Kelsenian notion of legal science in its consideration of the nature of law.


Hans Kelsen And The Natural Law Tradition

Author by : Peter Langford
Languange : en
Publisher by : BRILL
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Description : Hans Kelsen and the Natural Law Tradition provides the first sustained examination of Hans Kelsen’s critical engagement, itself founded upon a distinctive theory of legal positivism, with the Natural Law Tradition.


An Essay On Divine Authority

Author by : Mark C. Murphy
Languange : en
Publisher by : Cornell University Press
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Total Read : 22
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Description : In the first book wholly concerned with divine authority, Mark C. Murphy explores the extent of God's rule over created rational beings. The author challenges the view—widely supported by theists and nontheists alike—that if God exists, then humans must be bound by an obligation of obedience to this being. He demonstrates that this view, the "authority thesis," cannot be sustained by any of the arguments routinely advanced on its behalf, including those drawn from perfect being theology, metaethical theory, normative principles, and even Scripture and tradition. After exposing the inadequacies of the various arguments for the authority thesis, he develops his own solution to the problem of whether, and to what extent, God is authoritative. For Murphy, divine authority is a contingent matter: while created rational beings have decisive reason to subject themselves to the divine rule, they are under divine authority only insofar as they have chosen to allow God's decisions to take the place of their own in their practical reasoning. The author formulates and defends his arguments for this view, and notes its implications for understanding the distinctiveness of Christian ethics.


Law As Institution

Author by : Massimo La Torre
Languange : en
Publisher by : Springer Science & Business Media
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Total Read : 82
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Description : This book – which is the result of several years of research, discussion, writing and re-writing – consists of three parts and eight chapters. The rst part is given by the two rst chapters introducing the issue of validity and facticity in law. The second part (Chapters 3, 4 and 5) is the core of this study and tries to present a theory based on a speci c view about language and social practice. The third part deal with the issue of value judgments and views about morality and consists of Chapters 6 and 7. Chapter 8 should nally serve as epilogue. In the rst chapter a discussion is started about the relationship between law and power, seen as a presupposition for an assessment of the nature of law. As a matter of fact, as has been remarked, “general theories of law struggle to do justice to the 1 multiple dualities of the law”. Indeed, law has a “dual nature”: it is a fact, but it also a norm, a sort of ideal entity. Law is sanction, but it is also discourse. It is effectivity, or facticity, but it is also a vehicle of principles among which the central one is justice. But this duality is not only a phenomenological, or a matter of justi cation and implementation as two separate moments.


A Philosophy Of Criminal Attempts

Author by : Bebhinn Donnelly-Lazarov
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 44
Total Download : 145
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Description : Extends and adapts G. E. M. Anscombe's philosophy to reveal attempting as a subjective species of intentional action. Locates criminal attempts therein.


Law And Society

Author by : Steven Vago
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 73
Total Download : 840
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Description : For one-semester undergraduate courses in Law and Society, Sociology of Law, Introduction to Law, and a variety of criminal justice courses offered in departments of Sociology, Criminal Justice, and Political Science. Examines the interplay between law and society. Law and Society, 10e provides an informative, balanced and comprehensive analysis of the interplay between law and society. This text presents an overview of the most advanced interdisciplinary and international research, theoretical advances, ongoing debates and controversies. It raises new levels of awareness on the structure and functions of law and legal systems and the principal players in the legal arena and their impact on our lives. In addition, it looks at the legal system in the context of race, class, and gender and considers multicultural and cross-cultural issues in a contemporary and interdisciplinary context.