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A Theory Of Legal Sentences
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Book Synopsis A Theory of Legal Sentences by : Manuel Atienza
Download or read book A Theory of Legal Sentences written by Manuel Atienza and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.
Book Synopsis How to Brief a Case by : John Delaney
Download or read book How to Brief a Case written by John Delaney and published by John Delaney Publications. This book was released on 1987 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Theory of Legal Punishment by : Matthew C. Altman
Download or read book A Theory of Legal Punishment written by Matthew C. Altman and published by Routledge. This book was released on 2021-05-05 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.
Download or read book Sentencing written by Nigel Walker and published by Oxford University Press. This book was released on 1996 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the contrast between penological theory, the state of the law, and what actually happens in court and after sentence, this edition covers recent developments, including the Criminal Justice Act 1991, the Criminal Justice Act 1993, and the Crimina
Book Synopsis Theory of Legal Principles by : Humberto Avila
Download or read book Theory of Legal Principles written by Humberto Avila and published by Springer Science & Business Media. This book was released on 2007-09-26 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.
Book Synopsis Fundamentals of Sentencing Theory by : Andrew Ashworth
Download or read book Fundamentals of Sentencing Theory written by Andrew Ashworth and published by Oxford Monographs on Criminal. This book was released on 1998 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Monographs on Criminal Law and Justice series covers all aspects of criminal law and procedure including criminal evidence. The scope of the series is wide, encompassing both practical and theoretical works. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays consider several issues affecting the discipline including the underlying justifications for the imposition of punishment by the State, areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected, and includes various questions about the unequal impact on offenders of different sentencing measures. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection.
Book Synopsis An Institutional Theory of Law by : N. MacCormick
Download or read book An Institutional Theory of Law written by N. MacCormick and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Expressive Powers of Law by : Richard H. McAdams
Download or read book The Expressive Powers of Law written by Richard H. McAdams and published by Harvard University Press. This book was released on 2015-02-09 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do people obey the law? Law deters crime by specifying sanctions, and because people internalize its authority. But Richard McAdams says law also generates compliance through its expressive power to coordinate behavior (traffic laws) and inform beliefs (smoking bans)—that is, simply by what it says rather than what it sanctions.
Book Synopsis Actions, Norms, Values by : Georg Meggle
Download or read book Actions, Norms, Values written by Georg Meggle and published by Walter de Gruyter. This book was released on 2011-04-20 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Theory of Legal Science by : Aleksander Peczenik
Download or read book Theory of Legal Science written by Aleksander Peczenik and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proceedings of the Conference on Legal Theory and Philosophy of Science, Lund, Sweden, December 11-14, 1983
Book Synopsis Neutrality and Theory of Law by : Jordi Ferrer Beltrán
Download or read book Neutrality and Theory of Law written by Jordi Ferrer Beltrán and published by Springer Science & Business Media. This book was released on 2013-04-03 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.
Book Synopsis Liberal Criminal Theory by : A P Simester
Download or read book Liberal Criminal Theory written by A P Simester and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch's scholarly life.
Author :Aleksander Peczenik Publisher :Springer Science & Business Media ISBN 13 :9789027718341 Total Pages :698 pages Book Rating :4.7/5 (183 download)
Book Synopsis Theory of Legal Science by : Aleksander Peczenik
Download or read book Theory of Legal Science written by Aleksander Peczenik and published by Springer Science & Business Media. This book was released on 1984-09-30 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proceedings of the Conference on Legal Theory and Philosophy of Science, Lund, Sweden, December 11-14, 1983
Book Synopsis Meta-theory of Law by : Mathieu Carpentier
Download or read book Meta-theory of Law written by Mathieu Carpentier and published by John Wiley & Sons. This book was released on 2022-10-04 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is devoted to the theory of legal theory, also referred to as the "meta-theory of law". The aim of this emerging discipline is to determine the objectives, aims and methods of legal theory, and to establish the conditions of possibility as well as the validity criteria for theoretical discourse on law. The contributions in this book provide an overview of these aspects through different perspectives and approaches. The very purpose of legal theory has been disputed and the subject area is currently subject to increasing cross-fertilization between different, and sometimes diverging, traditions. Meta-theory of Law assesses these emerging trends by questioning two basic objects of legal theory, the "nature" and the "science" of law.
Book Synopsis Principled Sentencing by : Andreas von Hirsch
Download or read book Principled Sentencing written by Andreas von Hirsch and published by Hart Publishing. This book was released on 1998-06-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of Principled Sentencing offers students of law, legal philosophy, criminology and criminal justice an excellent selection of the best available readings on the moral and philosophical issues in sentencing theory. The structure of the book remains the same as in the first edition, though importantly there are now new chapters dealing with restorative justice, 'law and order', and postmodern approaches. These new chapters reflect the significant number of theoretical advances made since the first edition was published in 1992, as well as the growing interest in critical perspectives. As before, each chapter begins with an introduction by one of the editors and ends with a bibliography of suggested further readings. The main body of each chapter consists of a selection of readings, some very up-to-date, others more timeless, but each in its way seminal. All the chapters have been revised and the editorial introductions brought up-to-date.
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.
Book Synopsis The Rule of Law History, Theory and Criticism by : Pietro Costa
Download or read book The Rule of Law History, Theory and Criticism written by Pietro Costa and published by Springer Science & Business Media. This book was released on 2007-05-06 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.
