Reflections On The Concept Of Law

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Reflections on 'The Concept of Law'

Author : A. W. Brian Simpson
Publisher : OUP Oxford
ISBN 13 : 0191018503
Total Pages : 232 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Reflections on 'The Concept of Law' by : A. W. Brian Simpson

Download or read book Reflections on 'The Concept of Law' written by A. W. Brian Simpson and published by OUP Oxford. This book was released on 2011-09-22 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: HLA Hart's The Concept of Law is one of the most influential works of philosophy of the twentieth century, redefining the field of legal philosophy and introducing generations of students to philosophical reflection on the nature of law. Since its publication in 1961 an industry of academic research and debate has grown up around the book, disputing, refining, and developing Hart's work. Under the sheer volume of competing interpretations of the book the original contexts - cultural and intellectual - that shaped Hart's project can be obscured. In this book, renowned legal historian AWB Simpson attempts to sweep aside the volumes of academic criticism and return to 'Troy I', revealing the world of post-war Oxford that produced Hart and his famous book. Drawing on his personal experience of studying and teaching in Oxford at the time Hart developed The Concept of Law, Simpson recreates with characteristic wit the social and intellectual culture of Oxford philosophy and the law faculty in the 1950s. He traces Hart's early work and influences, within and outside Oxford, showing how Hart developed his picture of philosophy and its potential for enriching the understanding of law. He also lays bare the painful shortcomings of post-war Oxford academia, depicting a world of eccentric dons and intellectual Cyclopses - isolated and closed to broad, interdisciplinary exchange - arguing that Hart did not escape from the limitations of his intellectual world. Simpson's entertaining, and controversial, account of the world that produced The Concept of Law will be essential reading for all those engaged in interpreting and teaching the seminal book, and an engaging read for anyone interested in the history of Oxford philosophy and legal education.

Reflections on 'The Concept of Law'

Author : A. W. Brian Simpson
Publisher : Oxford University Press
ISBN 13 : 0199693323
Total Pages : 233 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Reflections on 'The Concept of Law' by : A. W. Brian Simpson

Download or read book Reflections on 'The Concept of Law' written by A. W. Brian Simpson and published by Oxford University Press. This book was released on 2011-09-22 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: HLA Hart developed 'The Concept of Law' while renowned historian AWB Simpson was studying and teaching at Oxford. Simpson wittily recreates the culture of Oxford philosophy in the '50s, providing a new perspective of one of the most famous works of philosophy of the 20th century and casting a satirical eye over the shortcomings of post-war Oxford.

Law in Society: Reflections on Children, Family, Culture and Philosophy

Author : Alison Diduck
Publisher : BRILL
ISBN 13 : 9004261494
Total Pages : 685 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Law in Society: Reflections on Children, Family, Culture and Philosophy by : Alison Diduck

Download or read book Law in Society: Reflections on Children, Family, Culture and Philosophy written by Alison Diduck and published by BRILL. This book was released on 2015-08-24 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection, written by legal scholars from around the world, offers insights into a variety of topics from children’s rights to criminal law, jurisprudence, medical ethics and more. Its breadth reflects the fact that these are all elements of what can broadly be called ‘law and society’, that enterprise that is interested in law’s place or influence in diffferent aspects of real lives and understands law to be simultaneously symbol, philosophy and action. It is also testament to the broad range of vision of Professor Michael Freeman, in whose honour the volume was conceived. The contributions are divided into categories which reflect his distinguished career and publications, over 85 books and countless articles, including pioneering work on children’s rights, domestic violence, religious law, jurisprudence, law and culture, family law and medicine, ethics and the law, as well as his enduring commitment to interdisciplinarity. The volume begins with work on law in its philosophical, cultural or symbolic realm (Part I: Law and Stories: Culture, Religion and Philosophy), including its commitment to the normative ideal of ‘rights’ (Part II: Law and Rights), and then offfers work on law as coercive state action (Part III: Law and the Coercive State) and as regulator of personal relationships (Part IV: Law and Personal Living). It continues with reflections on the importance of globalisation, both of law and of ‘doing family’ in personal and public life (Part V: Law and International Living) before closing with two reflections on Michael Freeman’s body of work generally, including one from Michael himself (Part VI: Law and Michael Freeman).

Some Reflections on Jurisprudence

Author : W. W. Buckland
Publisher : Cambridge University Press
ISBN 13 : 110760057X
Total Pages : 129 pages
Book Rating : 4.1/5 (76 download)

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Book Synopsis Some Reflections on Jurisprudence by : W. W. Buckland

Download or read book Some Reflections on Jurisprudence written by W. W. Buckland and published by Cambridge University Press. This book was released on 2011-06-16 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 1949 work investigates the arguments and theories of writers on jurisprudence so far as they make contact with positive law.

Natural Law

Author : Jacques Maritain
Publisher : Burns & Oates
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Natural Law by : Jacques Maritain

Download or read book Natural Law written by Jacques Maritain and published by Burns & Oates. This book was released on 2001 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written during a period when cultural diversity and pluralism were beginning to have an impact on ethics and politics, these essays provide a defense of natural law and natural right that continues to be timely."--BOOK JACKET.

Reflections on Judging

Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 0674184653
Total Pages : 423 pages
Book Rating : 4.6/5 (741 download)

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Book Synopsis Reflections on Judging by : Richard A. Posner

Download or read book Reflections on Judging written by Richard A. Posner and published by Harvard University Press. This book was released on 2013-10-07 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.

Being Relational

Author : Jocelyn Downie
Publisher : UBC Press
ISBN 13 : 0774821914
Total Pages : 354 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Being Relational by : Jocelyn Downie

Download or read book Being Relational written by Jocelyn Downie and published by UBC Press. This book was released on 2011-11-10 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the heart of relational theory lies the idea that the human self is fundamentally constituted in terms of its relations to others. For relational theorists, the self not only lives in relationship with and to others, but also owes its very existence to such relationships. In this groundbreaking collection, leading relational theorists explore core moral and metaphysical concepts, while health law and policy scholars respond by analyzing how such considerations might apply to more practical areas of concern. Innovative and self-reflexive, Being Relational brings a powerful theoretical framework to health law and policy studies. In so doing, it makes a bold contribution to scholarship and will appeal to a broad range of thinkers, especially those with an interest in social justice, and who seek to understand the complex ways in which power is created and sustained relationally.

The Nature of Legislative Intent

Author : Richard Ekins
Publisher : OUP Oxford
ISBN 13 : 0191645931
Total Pages : 318 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Nature of Legislative Intent by : Richard Ekins

Download or read book The Nature of Legislative Intent written by Richard Ekins and published by OUP Oxford. This book was released on 2012-10-12 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.

Philosophy and the Law of Torts

Author : Gerald J. Postema
Publisher : Cambridge University Press
ISBN 13 : 9780521041751
Total Pages : 0 pages
Book Rating : 4.0/5 (417 download)

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Book Synopsis Philosophy and the Law of Torts by : Gerald J. Postema

Download or read book Philosophy and the Law of Torts written by Gerald J. Postema and published by Cambridge University Press. This book was released on 2007-09-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.

Reflections on Constitutional Law

Author : George Anastaplo
Publisher : University Press of Kentucky
ISBN 13 : 0813171342
Total Pages : 285 pages
Book Rating : 4.8/5 (131 download)

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Book Synopsis Reflections on Constitutional Law by : George Anastaplo

Download or read book Reflections on Constitutional Law written by George Anastaplo and published by University Press of Kentucky. This book was released on 2006-08-25 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional scholar George Anastaplo believes that many judges and lawyers draw upon a skimpy, if not simply unreliable, knowledge of history. He proposes that in order to write reliable opinions, these men and women must have a deeper understanding of the enduring principles upon which the law naturally tends to draw. In the study of constitutional law, Anastaplo argues that it is more important to weigh what the Supreme Court has said and how that is said—what considerations it weighed and how—than it is to know what it is recorded that the Court “decided.” In Reflections on Constitutional Law, Anastaplo makes the case for a renewed focus on a now often-overlooked aspect of the study of law. He emphasizes the continuing significance and importance of the Constitution by thoroughly examining the most important influences on the American constitutional system, including the Magna Carta and the Declaration of Independence.

Reflections on the Making of the Modern Law of the Sea

Author : Satya Nandan
Publisher : National University of Singapore Press
ISBN 13 : 9789813251373
Total Pages : 224 pages
Book Rating : 4.2/5 (513 download)

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Book Synopsis Reflections on the Making of the Modern Law of the Sea by : Satya Nandan

Download or read book Reflections on the Making of the Modern Law of the Sea written by Satya Nandan and published by National University of Singapore Press. This book was released on 2021-02-25 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Realm of Criminal Law

Author : R A Duff
Publisher : Oxford University Press
ISBN 13 : 0191058580
Total Pages : pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Realm of Criminal Law by : R A Duff

Download or read book The Realm of Criminal Law written by R A Duff and published by Oxford University Press. This book was released on 2018-06-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: We are said to face a crisis of over-criminalization: our criminal law has become chaotic, unprincipled, and over-expansive. This book proposes a normative theory of criminal law, and of criminalization, that shows how criminal law could be ordered, principled, and restrained. The theory is based on an account of criminal law as a distinctive legal practice that functions to declare and define a set of public wrongs, and to call to formal public account those who commit such wrongs; an account of the role that such practice can play in a democratic republic of free and equal citizens; and an account of the central features of such a political community, and of the way in which it constitutes its public realm-its civil order. Criminal law plays an important, but limited, role in such a political community in protecting, but also partly constituting, its civil order. On the basis of this account, we can see how such a political community will decide what kinds of conduct should be criminalized - not by applying one or more of the substantive master principles that theorists have offered, but by considering which kinds of conduct fall within its public realm (as distinct from the private realms that are not the polity's business), and which kinds of wrong within that realm require this distinctive kind of response (rather than one of the other kinds of available response). The outcome of such a deliberative process will probably be a more limited, and a more rational and principled, criminal law.

Reflections on Meaning

Author : Paul Horwich
Publisher : Oxford University Press
ISBN 13 : 9780199251254
Total Pages : 236 pages
Book Rating : 4.2/5 (512 download)

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Book Synopsis Reflections on Meaning by : Paul Horwich

Download or read book Reflections on Meaning written by Paul Horwich and published by Oxford University Press. This book was released on 2005 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paul Horwich, one of the world's most distinguished philosophers, develops in this book his highly original deflationary conception of language. His main aim in Reflections on Meaning is to explain how mere noises, marks, gestures, and mental symbols are able to capture the world - that is, how words and sentences (in whatever medium) come to mean what they do, to stand for certain things, to be true or false of reality. His answer is an innovative development of Wittgenstein's idea thatthe meaning of a term is nothing more than its use.

Some Reflections on Jurisprudence

Author : William Warwick Buckland
Publisher :
ISBN 13 :
Total Pages : 115 pages
Book Rating : 4.:/5 (456 download)

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Book Synopsis Some Reflections on Jurisprudence by : William Warwick Buckland

Download or read book Some Reflections on Jurisprudence written by William Warwick Buckland and published by . This book was released on 1949 with total page 115 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reflections on Crime and Culpability

Author : Larry Alexander
Publisher : Cambridge University Press
ISBN 13 : 1107159946
Total Pages : 237 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Reflections on Crime and Culpability by : Larry Alexander

Download or read book Reflections on Crime and Culpability written by Larry Alexander and published by Cambridge University Press. This book was released on 2018-10-11 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through one coherent retributivist vision of the criminal law, this book explores under examined problems within criminal law theory.

Transnational Environmental Law in the Anthropocene

Author : Emily Webster
Publisher : Routledge
ISBN 13 : 1000373002
Total Pages : 375 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Transnational Environmental Law in the Anthropocene by : Emily Webster

Download or read book Transnational Environmental Law in the Anthropocene written by Emily Webster and published by Routledge. This book was released on 2021-03-30 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anthropocene is the proposed name for the new geological epoch in which humans have overwhelming impact on planetary processes. This edited volume invites reflection on the meaning and role of law in light of changing planetary realties. Taking the concept of the Anthropocene as a starting point, the contributions to this book address emerging legal issues from a transnational environmental law perspective. How law interacts with, and how law governs, global environmental problems is a challenge that legal scholars have approached with vigour over the last decade. More recently, the concept of the Anthropocene has become a topic that researchers have also begun to grapple with by engaging with disciplines beyond legal scholarship. One avenue of research that has emerged to address global environmental problems is transnational environmental law. Adopting ‘transnational law’ as a lens or framework through which to analyse environmental law takes a broader approach to the ways in which law may be assessed and deployed to meet planetary challenges. The chapters within this book provide a timely intervention into the theoretical and practical approaches of transnational environmental law in a time of significant uncertainty and environmental and human crises. The chapters in this book were originally published as a special issue of Transnational Legal Theory.

Comparative Law in a Global Context

Author : Werner F. Menski
Publisher : Cambridge University Press
ISBN 13 : 1139452711
Total Pages : 565 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Comparative Law in a Global Context by : Werner F. Menski

Download or read book Comparative Law in a Global Context written by Werner F. Menski and published by Cambridge University Press. This book was released on 2006-03-30 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.