Hart, Fuller, and Everything After

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509965211
Total Pages : 247 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Hart, Fuller, and Everything After by : Allan C Hutchinson

Download or read book Hart, Fuller, and Everything After written by Allan C Hutchinson and published by Bloomsbury Publishing. This book was released on 2023-02-23 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: More has been said about the Hart-Fuller debate than can be considered healthy or productive even within the precious world of jurisprudential scholarship – too much philosophising about how law has revelled in its own abstractness and narrowness. But the mission of this book is distinctly and determinedly different – it is not to rework these already-rehashed ideas, but to reject them entirely. Rather than add to the massive jurisprudential literature that has been generated by all and sundry, the book criticises and abandons the project that Hart and Fuller set in motion. It contends that the turn that was taken in 1957 has led down a series of cul-de-sacs, blind alleys, and dead-ends to nowhere useful or illuminating. It is more than past time to leave their debate behind and strike out in an entirely new and more promising direction. The book insists that not only law, but also all theorising about law, is political in all its derivations, dimensions, and directions.

Hart, Fuller, and Everything After

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 150996522X
Total Pages : 247 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Hart, Fuller, and Everything After by : Allan C Hutchinson

Download or read book Hart, Fuller, and Everything After written by Allan C Hutchinson and published by Bloomsbury Publishing. This book was released on 2023-02-23 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: More has been said about the Hart-Fuller debate than can be considered healthy or productive even within the precious world of jurisprudential scholarship – too much philosophising about how law has revelled in its own abstractness and narrowness. But the mission of this book is distinctly and determinedly different – it is not to rework these already-rehashed ideas, but to reject them entirely. Rather than add to the massive jurisprudential literature that has been generated by all and sundry, the book criticises and abandons the project that Hart and Fuller set in motion. It contends that the turn that was taken in 1957 has led down a series of cul-de-sacs, blind alleys, and dead-ends to nowhere useful or illuminating. It is more than past time to leave their debate behind and strike out in an entirely new and more promising direction. The book insists that not only law, but also all theorising about law, is political in all its derivations, dimensions, and directions.

The Hart-Fuller Debate in the Twenty-First Century

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 184731757X
Total Pages : 360 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 360 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.

Forms Liberate

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847319386
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.

The Morality of Law

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Author :
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:

The Law in Quest of Itself

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Author :
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.

Modern Jurisprudence

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782254145
Total Pages : 253 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Modern Jurisprudence by : Sean Coyle

Download or read book Modern Jurisprudence written by Sean Coyle and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a concise and accessible guide to modern jurisprudence, offering an examination of the major theories and systematic discussion of themes such as legality and justice. It gives readers a better understanding of the rival viewpoints by exploring the historical developments which give modern thinking its distinctive shape, and placing law in its political context. A key feature of the book is that readers are not simply presented with opposing theories, but are guided through the rival standpoints on the basis of a coherent line of reflection from which an overall sense of the subject can be gained. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis take the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that build to a fresh and original perspective on the subject.

Essays in Jurisprudence and Philosophy

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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.

Studies in British Military Thought

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Publisher : U of Nebraska Press
ISBN 13 : 9780803239272
Total Pages : 316 pages
Book Rating : 4.2/5 (392 download)

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Book Synopsis Studies in British Military Thought by : Brian Holden Reid

Download or read book Studies in British Military Thought written by Brian Holden Reid and published by U of Nebraska Press. This book was released on 1998-01-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bogens tema er britisk militærhistorie personificeret ved mellemkrigstidens to store militære tænkere J.F.C.Fuller og B.H.Liddell Hart. Antologien indeholder 11 essay's. Af disse er de fem alene helliget Fuller, der spænder fra hans bidrag til teorien om mekaniseret krigsførelse til hans vision om et særligt operativt niveau (Operational level of war). Kun en enkelt essay vedrører Liddell Hart og desuden T.E.Lawrence. De resterende fem essay's indeholder en sammenlignede analyse af Fuller's og Liddell Hart's tilgang til samme emner - spændende fra deres holdning til facisme til deres behandling af antikkens krigsførelse og den amerikanske borgerkrig...Bogen indeholder tillige en særlig bibliografi over de vigtigste værker af Fuller og Liddell Hart.

The Concept of Law

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Publisher : OUP Oxford
ISBN 13 : 0191630071
Total Pages : 390 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Concept of Law by : HLA Hart

Download or read book The Concept of Law written by HLA Hart and published by OUP Oxford. This book was released on 2012-10-25 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fifty years on from its original publication, HLA Hart's The Concept of Law is widely recognized as the most important work of legal philosophy published in the twentieth century, and remains the starting point for most students coming to the subject for the first time. In this third edition, Leslie Green provides a new introduction that sets the book in the context of subsequent developments in social and political philosophy, clarifying misunderstandings of Hart's project and highlighting central tensions and problems in the work.

The Principles of Social Order

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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 First Principles of Jurisprudence

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Publisher :
ISBN 13 :
Total Pages : 284 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis The First Principles of Jurisprudence by : Sir John William Salmond

Download or read book The First Principles of Jurisprudence written by Sir John William Salmond and published by . This book was released on 1893 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Title on spine: The principles of jurisprudence.

The Force of Law

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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

Law, Liberty, and Morality

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Publisher : Stanford University Press
ISBN 13 : 9780804701549
Total Pages : 100 pages
Book Rating : 4.7/5 (15 download)

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Book Synopsis Law, Liberty, and Morality by : H. L. A. Hart

Download or read book Law, Liberty, and Morality written by H. L. A. Hart and published by Stanford University Press. This book was released on 1963 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share.

The Descendants

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Publisher : Random House Trade Paperbacks
ISBN 13 : 0812982959
Total Pages : 321 pages
Book Rating : 4.8/5 (129 download)

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Book Synopsis The Descendants by : Kaui Hart Hemmings

Download or read book The Descendants written by Kaui Hart Hemmings and published by Random House Trade Paperbacks. This book was released on 2011-10-04 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now a major motion picture starring George Clooney and directed by Alexander Payne Fortunes have changed for the King family, descendants of Hawaiian royalty and one of the state’s largest landowners. Matthew King’s daughters—Scottie, a feisty ten-year-old, and Alex, a seventeen-year-old recovering drug addict—are out of control, and their charismatic, thrill-seeking mother, Joanie, lies in a coma after a boat-racing accident. She will soon be taken off life support. As Matt gathers his wife’s friends and family to say their final goodbyes, a difficult situation is made worse by the sudden discovery that there’s one person who hasn’t been told: the man with whom Joanie had been having an affair. Forced to examine what they owe not only to the living but to the dead, Matt, Scottie, and Alex take to the road to find Joanie’s lover, on a memorable journey that leads to unforeseen humor, growth, and profound revelations.

Punishment and Responsibility

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Publisher : OUP Oxford
ISBN 13 : 0191021776
Total Pages : 336 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Punishment and Responsibility by : H. L. A. Hart

Download or read book Punishment and Responsibility written by H. L. A. Hart and published by OUP Oxford. This book was released on 2008-03-06 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.

Law and Morality

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Publisher : University of Toronto Press
ISBN 13 : 0802094899
Total Pages : 1095 pages
Book Rating : 4.8/5 (2 download)

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Book Synopsis Law and Morality by : David Dyzenhaus

Download or read book Law and Morality written by David Dyzenhaus and published by University of Toronto Press. This book was released on 2007-01-01 with total page 1095 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication and the contribution of feminist approaches to the philosophy of law. New material on the Chinese Canadian head tax case is also featured. The second part of Law and Morality deals with philosophical questions as they apply to contemporary issues. Excerpts from judicial decisions as well as essays by practicing lawyers are included to provide theoretically informed legal analyses of the issues. Striking a balance between practical and more analytic, philosophical approaches, the volume's treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. Law and Morality has proved to be an essential text in both departments of philosophy and faculties of law and this latest edition brings the debates fully up to date, filling gaps in the previous editions and adding to the array of contemporary issues previously covered.