El Debate De Hart Fuller

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The Hart-Fuller Debate in the Twenty-First Century

Author : Peter Cane
Publisher : Bloomsbury Publishing
ISBN 13 : 184731757X
Total Pages : 307 pages
Book Rating : 4.8/5 (473 download)

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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 Force of Law

Author : Frederick Schauer
Publisher : Harvard University Press
ISBN 13 : 0674368215
Total Pages : 256 pages
Book Rating : 4.6/5 (743 download)

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Book Synopsis The Force of Law by : Frederick Schauer

Download or read book The Force of Law written by Frederick Schauer and published by Harvard University Press. This book was released on 2015-02-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law

The Morality of Law

Author : Lon Luvois Fuller
Publisher : Yale University Press
ISBN 13 : 0300004729
Total Pages : 272 pages
Book Rating : 4.3/5 ( download)

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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 Yale University Press. This book was released on 1969 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Advances in Experimental Philosophy of Law

Author : Karolina Prochownik
Publisher : Bloomsbury Publishing
ISBN 13 : 1350260177
Total Pages : 297 pages
Book Rating : 4.3/5 (52 download)

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Book Synopsis Advances in Experimental Philosophy of Law by : Karolina Prochownik

Download or read book Advances in Experimental Philosophy of Law written by Karolina Prochownik and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Only recently have philosophers and psychologists begun to consider empirical research methods to inform questions and debates in legal philosophy. With the field ripe for further experimental inquiry, this collection explores the most topical empirical developments and anticipates future research directions. Bringing together legal scholars, psychologists, and philosophers, chapters address questions such as: Do people share a stable set of intuitions about what the law is? What are common perceptions about causation, intentionality, and culpability, and are they consistent with the corresponding legal concepts? To what extent can experimental research methods advance theoretical debates in legal philosophy about the nature of law? With fascinating implications for legal philosophy, ethics, and moral psychology, Advances in Experimental Philosophy of Law sets the agenda for the emerging field of experimental jurisprudence and will be of interest to both researchers and practitioners alike.

The Principles of Social Order

Author : Lon Luvois Fuller
Publisher : Durham, N.C. : Duke University Press
ISBN 13 :
Total Pages : 326 pages
Book Rating : 4.3/5 (91 download)

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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:

The Dynamics of Law and Morality

Author : Wibren van der Burg
Publisher : Routledge
ISBN 13 : 1317035046
Total Pages : 223 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Dynamics of Law and Morality by : Wibren van der Burg

Download or read book The Dynamics of Law and Morality written by Wibren van der Burg and published by Routledge. This book was released on 2016-03-23 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the dynamic intertwinement of law and morality, with a focus on new and developing fields of law. Taking as its starting point the debates and mutual misunderstandings between proponents of different philosophical traditions, it argues that this theoretical pluralism is better explained once law is accepted as an essentially ambiguous concept. Continuing on, the book develops a robust theory of law that increases our grasp on global legal pluralism and the dynamics of law. This theory of legal interactionism, inspired by the work of Lon Fuller and Philip Selznick, also helps us to understand apparent anomalies of modern law, such as international law, the law of the European Convention on Human Rights and horizontal interactive legislation. In an ecumenical approach, legal interactionism does justice to the valuable core of truth in natural law and legal positivism. Shedding new light on familiar debates between authors such as Fuller, Hart and Dworkin, this book is of value to academics and students interested in legal theory, jurisprudence, legal sociology and moral philosophy.

The Case for Marriage

Author : Linda Waite
Publisher : Crown
ISBN 13 : 0767910869
Total Pages : 274 pages
Book Rating : 4.7/5 (679 download)

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Book Synopsis The Case for Marriage by : Linda Waite

Download or read book The Case for Marriage written by Linda Waite and published by Crown. This book was released on 2002-03-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: A groundbreaking look at marriage, one of the most basic and universal of all human institutions, which reveals the emotional, physical, economic, and sexual benefits that marriage brings to individuals and society as a whole. The Case for Marriage is a critically important intervention in the national debate about the future of family. Based on the authoritative research of family sociologist Linda J. Waite, journalist Maggie Gallagher, and a number of other scholars, this book’s findings dramatically contradict the anti-marriage myths that have become the common sense of most Americans. Today a broad consensus holds that marriage is a bad deal for women, that divorce is better for children when parents are unhappy, and that marriage is essentially a private choice, not a public institution. Waite and Gallagher flatly contradict these assumptions, arguing instead that by a broad range of indices, marriage is actually better for you than being single or divorced– physically, materially, and spiritually. They contend that married people live longer, have better health, earn more money, accumulate more wealth, feel more fulfillment in their lives, enjoy more satisfying sexual relationships, and have happier and more successful children than those who remain single, cohabit, or get divorced. The Case for Marriage combines clearheaded analysis, penetrating cultural criticism, and practical advice for strengthening the institution of marriage, and provides clear, essential guidelines for reestablishing marriage as the foundation for a healthy and happy society. “A compelling defense of a sacred union. The Case for Marriage is well written and well argued, empirically rigorous and learned, practical and commonsensical.” -- William J. Bennett, author of The Book of Virtues “Makes the absolutely critical point that marriage has been misrepresented and misunderstood.” -- The Wall Street Journal www.broadwaybooks.com

Law's Empire

Author : Ronald Dworkin
Publisher :
ISBN 13 : 9788175342569
Total Pages : 0 pages
Book Rating : 4.3/5 (425 download)

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Book Synopsis Law's Empire by : Ronald Dworkin

Download or read book Law's Empire written by Ronald Dworkin and published by . This book was released on 2011-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.

Essays in Jurisprudence and Philosophy

Author : H. L. A. Hart
Publisher : OUP Oxford
ISBN 13 : 0191018724
Total Pages : 404 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Essays in Jurisprudence and Philosophy by : H. L. A. Hart

Download or read book Essays in Jurisprudence and Philosophy written by H. L. A. Hart and published by OUP Oxford. This book was released on 1983-11-24 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.

What is Media Archaeology?

Author : Jussi Parikka
Publisher : John Wiley & Sons
ISBN 13 : 0745661394
Total Pages : 224 pages
Book Rating : 4.7/5 (456 download)

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Book Synopsis What is Media Archaeology? by : Jussi Parikka

Download or read book What is Media Archaeology? written by Jussi Parikka and published by John Wiley & Sons. This book was released on 2013-04-23 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This cutting-edge text offers an introduction to the emerging field of media archaeology and analyses the innovative theoretical and artistic methodology used to excavate current media through its past. Written with a steampunk attitude, What is Media Archaeology? examines the theoretical challenges of studying digital culture and memory and opens up the sedimented layers of contemporary media culture. The author contextualizes media archaeology in relation to other key media studies debates including software studies, German media theory, imaginary media research, new materialism and digital humanities. What is Media Archaeology? advances an innovative theoretical position while also presenting an engaging and accessible overview for students of media, film and cultural studies. It will be essential reading for anyone interested in the interdisciplinary ties between art, technology and media.

Forms Liberate

Author : Kristen Rundle
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319378
Total Pages : 222 pages
Book Rating : 4.8/5 (473 download)

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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.

Criminalizing Dissent

Author : Rob Watts
Publisher : Routledge
ISBN 13 : 1351039563
Total Pages : 329 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Criminalizing Dissent by : Rob Watts

Download or read book Criminalizing Dissent written by Rob Watts and published by Routledge. This book was released on 2019-06-25 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: While liberal-democratic states like America, Britain and Australia claim to value freedom of expression and the right to dissent, they have always actually criminalized dissent. This disposition has worsened since 9/11 and the 2008 Great Recession. This ground-breaking study shows that just as dissent involves far more than protest marches, so too liberal-democratic states have expanded the criminalization of dissent. Drawing on political and social theorists like Arendt, Bourdieu and Isin, the book offers a new way of thinking about politics, dissent and its criminalization relationally. Using case studies like the Occupy movement, selective refusal by Israeli soldiers, urban squatters, democratic education and violence by anti-Apartheid activists, the book highlights the many forms dissent takes along with the many ways liberal-democratic states criminalize it. The book highlights the mix of fear and delusion in play when states privilege security to protect an imagined ‘political order’ from difference and disagreement. The book makes a major contribution to political theory, legal studies and sociology. Linking legal, political and normative studies in new ways, Watts shows that ultimately liberal-democracies rely more on sovereignty and the capacity for coercion and declarations of legal ‘states of exception’ than on liberal-democratic principles. In a time marked by a deepening crisis of democracy, the book argues dissent is increasingly valuable.

Authorities

Author : Nicole Roughan
Publisher :
ISBN 13 : 0199671419
Total Pages : 277 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Authorities by : Nicole Roughan

Download or read book Authorities written by Nicole Roughan and published by . This book was released on 2013-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interaction between state, transnational and international law is overlapping and often conflicting. Yet despite this messiness and multiplicity, law still creates obligations for its subjects. Despite its plurality, law still claims some kind of authority. The implications of this plurality of law can be troubling. It generates uncertainty for law-users over which law they are bound by, or for law-makers over the limits of their authority. Thus the practical problem is not plurality of law in itself, rather confusion over law's authority in such pluralist circumstances. Roughan argues that understanding authority in such pluralist circumstances requires a new conception of "relative authority." This book seeks to provide the theoretical tools needed to bring the disciplines examining legal and constitutional pluralism, into more direct engagement with theories of authority, by examining the one practice in which they are all interested: the practice of public authority.

The Cambridge Companion to Legal Positivism

Author : Torben Spaak
Publisher : Cambridge University Press
ISBN 13 : 1108427677
Total Pages : 807 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Cambridge Companion to Legal Positivism by : Torben Spaak

Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.

How to Do Things with Words

Author : John Langshaw Austin
Publisher : Oxford University Press
ISBN 13 : 019824553X
Total Pages : 181 pages
Book Rating : 4.1/5 (982 download)

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Book Synopsis How to Do Things with Words by : John Langshaw Austin

Download or read book How to Do Things with Words written by John Langshaw Austin and published by Oxford University Press. This book was released on 1975 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work sets out Austin's conclusions in the field to which he directed his main efforts for at least the last ten years of his life. Starting from an exhaustive examination of his already well-known distinction between performative utterances and statements, Austin here finally abandons that distinction, replacing it with a more general theory of 'illocutionary forces' of utterances which has important bearings on a wide variety of philosophicalproblems.

The Law in Quest of Itself

Author : Lon L. Fuller
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584770163
Total Pages : 190 pages
Book Rating : 4.5/5 (847 download)

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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 Anxiety of the Jurist

Author : Claudio Michelon
Publisher : Routledge
ISBN 13 : 1317044924
Total Pages : 350 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Anxiety of the Jurist by : Claudio Michelon

Download or read book The Anxiety of the Jurist written by Claudio Michelon and published by Routledge. This book was released on 2016-04-01 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in this volume pay homage to Zenon Bańkowski, with a focus on problems concerning law’s normalization and the revitalizing force of anxiety. Ranging from political critique to methodological issues and from the role of human rights in development to the role of parables and analogy in legal reasoning, the contributions themselves are testament to the richness of Bańkowski’s scholarship, as well as to the applicability of his core ideas to a wide range of issues. Divided into five parts, the book focuses on the role and methods of the jurist; conceptions of legality and the experience of living under rules; jurisprudential issues affecting exchange and the market; and the burden and methods of legal judgement. It also includes Bańkowski’s 2011 valedictory lecture and a bibliography of his work. Comprising all original contributions, the contributors represent a balance of established, leading figures and younger, emerging scholars in the field of legal and social theory.