The Artifactual Nature of Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 180088592X
Total Pages : 245 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis The Artifactual Nature of Law by : Burazin, Luka

Download or read book The Artifactual Nature of Law written by Burazin, Luka and published by Edward Elgar Publishing. This book was released on 2022-08-12 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book develops and elaborates on the artifact theory of law, covering a wide range of related theoretical and practical topics. Featuring international contributions from both noted and up-and-coming scholars in law and philosophy, it offers a range of perspectives that flesh out the artifact theory of law, it also introduces criticisms of previous formulations of the theory and inquires into its potential payoffs.

Law as an Artifact

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192555146
Total Pages : 288 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Law as an Artifact by : Luka Burazin

Download or read book Law as an Artifact written by Luka Burazin and published by Oxford University Press. This book was released on 2018-07-26 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assembles leading scholars to examine how their respective theoretical positions relate to the artifactual nature of law. It offers a complete analysis of what is ontologically entailed by the claim that law - including legal systems, legal norms, and legal institutions - is an artifact, and what consequences, if any, this claim has for philosophical accounts of law. Examining the artifactual nature of law draws attention to the role that intention, function, and action play in the ontological structure of law, and how these attributes interact with rules. It puts the role of author and authorship at the center of its analysis of legal ontology, and widens the scope that functional analysis can legitimately have in legal theory, emphasizing how the content of law depends on how it is used. Furthermore, the appeal to artifacts brings to the fore questions about the significance of concepts for the existence of law, and makes available new tools for legal interpretation. The notion of artifactuality offers a starting point from which to approach the basic dilemma of whether it is meaningful to search for essential, necessary, and sufficient features of law, a question that in current legal theory is put when deciding what kind of enterprise legal theory is from a methodological point of view, namely whether it is descriptive or prescriptive. This volume unearths insights and observations of value to all those looking to deepen their understanding of how the law is understood and experienced.

Law as an Artifact

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Author :
Publisher :
ISBN 13 : 9780191861147
Total Pages : pages
Book Rating : 4.8/5 (611 download)

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Book Synopsis Law as an Artifact by : BURZAIN ET AL.

Download or read book Law as an Artifact written by BURZAIN ET AL. and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assembles leading scholars from the continental and analytic schools to examine how their respective theoretical positions treat the artifactual nature of law. It explores what the claim that legal systems, norms, and institutions are artifacts, ontologically entails, and the consequences this has for philosophical accounts of law.

Understanding the Nature of Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1784718815
Total Pages : 272 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Understanding the Nature of Law by : Michael Giudice

Download or read book Understanding the Nature of Law written by Michael Giudice and published by Edward Elgar Publishing. This book was released on 2015-06-29 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized? This novel book explains the importance of

New Essays on the Nature of Legal Reasoning

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509937676
Total Pages : 464 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis New Essays on the Nature of Legal Reasoning by : Mark McBride

Download or read book New Essays on the Nature of Legal Reasoning written by Mark McBride and published by Bloomsbury Publishing. This book was released on 2022-05-19 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to bring together distinguished jurisprudential theorists, as well as up-and-coming scholars, to critically assess the nature of legal reasoning. The volume is divided into 3 parts: The first part, General Jurisprudence and Legal Reasoning, addresses issues at the intersection of general jurisprudence - those pertaining to the nature of law itself - and legal reasoning. The second part, Rules and Reasons, addresses two concepts central to two prominent types of theory of legal reasoning. The essays in the third and final part, Doctrine and Practice, delve into the mechanics of legal practice and doctrine, from a legal reasoning perspective.

Morality and the Nature of Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 019103519X
Total Pages : 240 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Morality and the Nature of Law by : Kenneth Einar Himma

Download or read book Morality and the Nature of Law written by Kenneth Einar Himma and published by Oxford University Press. This book was released on 2019-03-07 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Morality and the Nature of Law explores the conceptual relationship between morality and the criteria that determine what counts as law in a given societythe criteria of legal validity. Is it necessary condition for a legal system to include moral criteria of legal validity? Is it even possible for a legal system to have moral criteria of legal validity? The book considers the views of natural law theorists ranging from Blackstone to Dworkin and rejects them, arguing that it is not conceptually necessary that the criteria of legal validity include moral norms. Further, it rejects the exclusive positivist view, arguing instead that it is conceptually possible for the criteria of validity to include moral norms. In the process of considering such questions, this book considers Raz's views concerning the nature of authority and Shapiro's views about the guidance function of law, which have been thought to repudiate the conceptual possibility of moral criteria of legal validity. The book, then, articulates a thought experiment that shows that it is possible for a legal system to have such criteria and concludes with a chapter that argues that any legal system, like that of the United States, which affords final authority over the content of the law to judges who are fallible with respect to the requirements of morality is a legal system with purely source-based criteria of validity.

Methodology in Private Law Theory

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Publisher : Oxford University Press
ISBN 13 : 0198885377
Total Pages : 433 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Methodology in Private Law Theory by :

Download or read book Methodology in Private Law Theory written by and published by Oxford University Press. This book was released on 2024-02-01 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik represents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic. In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where law is given, received, asserted, and negotiated. Leading methodologies of the past and present are subject to fresh elucidation and insightful criticism, including those of legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship. Providing the necessary background for understanding different legal cultures and traditions in private law, Methodology in Private Law Theory is a must-read for anyone working within the field.

Natural Law and Thomistic Juridical Realism

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Publisher : CUA Press
ISBN 13 : 0813235502
Total Pages : 328 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis Natural Law and Thomistic Juridical Realism by : Petar Popovic

Download or read book Natural Law and Thomistic Juridical Realism written by Petar Popovic and published by CUA Press. This book was released on 2022-02-04 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Italian Philosophy of Technology

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Author :
Publisher : Springer Nature
ISBN 13 : 3030545229
Total Pages : 255 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Italian Philosophy of Technology by : Simona Chiodo

Download or read book Italian Philosophy of Technology written by Simona Chiodo and published by Springer Nature. This book was released on 2020-12-20 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume about the Italian philosophy of technology written in English and including novel and translated contributions. The volume presents original research on emerging topics in the field, as well as an overview of the most distinguished Italian approaches to the philosophy of technology. While offering both historical and political perspectives and the contributions of the philosophy of law, philosophy of science, and aesthetics, Italian Philosophy of Technology promotes a novel view on the intersection between continental and analytic traditions in the philosophy of technology.

On Flat Ontologies and Law

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Publisher : Taylor & Francis
ISBN 13 : 1040027261
Total Pages : 228 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis On Flat Ontologies and Law by : Michał Dudek

Download or read book On Flat Ontologies and Law written by Michał Dudek and published by Taylor & Francis. This book was released on 2024-05-13 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the importance of flat ontologies for law and sociolegal theory. Associated with the emergence of new materialism in the humanities and social sciences, the elaboration of flat ontologies challenges the binarism that has maintained the separation of culture from nature, and the human from the nonhuman. Although most work in legal theory and sociolegal studies continues to adopt a non-flat, anthropocentric and immaterial take on law, the critique of this perspective is becoming more and more influential. Engaging the increasing legal interest in flat ontologies, this book offers an account of the main theoretical perspectives, and their importance for law. Covering the work of the five major theorists in the area – Gabriel Tarde, Bruno Latour, Manuel DeLanda, Karen Barad and Graham Harman – the book aims to encourage this interest, as well as to explicate the important problems of and differences between these perspectives. Flat ontologies, the book demonstrates, can offer a valuable new perspective for understanding and thinking about law. This book will appeal mainly to scholars and students in legal theory and sociolegal studies; as well as others with interests in the posthumanist turn in philosophy and social theory.

An Introduction to the Philosophy of Law

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Author :
Publisher : Good Press
ISBN 13 :
Total Pages : 177 pages
Book Rating : 4.4/5 (57 download)

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Book Synopsis An Introduction to the Philosophy of Law by : Roscoe Pound

Download or read book An Introduction to the Philosophy of Law written by Roscoe Pound and published by Good Press. This book was released on 2019-11-21 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: "An Introduction to the Philosophy of Law" by Roscoe Pound. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.

The Functions of Law

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Publisher : Oxford University Press
ISBN 13 : 0191668478
Total Pages : 210 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Functions of Law by : Kenneth M. Ehrenberg

Download or read book The Functions of Law written by Kenneth M. Ehrenberg and published by Oxford University Press. This book was released on 2016-03-10 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities.

Philosophy Gone Wild

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Author :
Publisher : Prometheus Books
ISBN 13 : 1615924191
Total Pages : 268 pages
Book Rating : 4.6/5 (159 download)

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Book Synopsis Philosophy Gone Wild by : Holmes Rolston

Download or read book Philosophy Gone Wild written by Holmes Rolston and published by Prometheus Books. This book was released on 2010-06-28 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Here are fifteen essays written from the late 1960s to the mid-1980s by a pioneering environmental ethicist. The collection is divided into four sections: ethics and nature, values in nature, environmental philosophy in practice, and nature in experience. . . . Rolston''s writing often evokes the best of American philosophy of nature. He writes with flair and grace. The book is good reading because it is good literature. Rolston raises unsettling questions [and] a formidable challenge. The agenda is well set." -- F. E. Bernard, Ethics"An important book that deserves a wide student readership . . . . Highly appropriate for ecology . . . and philosophy courses, as well as courses dealing with environmental law and policy-making." -- J. C. Kricher, Choice

Coercion and the Nature of Law

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Publisher : Oxford University Press
ISBN 13 : 0192597175
Total Pages : 289 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Coercion and the Nature of Law by : Kenneth Einar Himma

Download or read book Coercion and the Nature of Law written by Kenneth Einar Himma and published by Oxford University Press. This book was released on 2020-05-06 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Coercion Thesis has been a subject of longstanding debate, but legal positivist scholarship over the last several decades has concluded that coercion is not necessary for law. Coercion and the Nature of Law is concerned with reviving the Coercion Thesis, presenting a strong case for the inherently coercive nature of legal regulation, and arguing that anything properly characterized as a legal system must back legal norms prohibiting breaches of the peace with the threat of a coercive sanction. Himma presents the argument that people are self-interested beings who must compete in a world of scarcity for everything they need to survive and thrive. The need to compete for resources naturally leads to conflict that can breach the peace, and threatens the ability to live together in a community and reap the social benefits of cooperation. Law only functions as a system if it can maintain the peace enough for community to continue, and thus systems of law cannot succeed in doing anything that we want systems of law to do unless they back laws prohibiting violent assaults on persons or property with the threat of punishment; without sanctions, we would descend into something resembling a condition of war-of-all-against-all. We adopt coercive systems of regulation precisely to avoid having to live under such conditions. The book is divided into three parts: (1) a prima facie logical-empirical case for the Coercion Thesis, (2) a study of the "society of angels" and international law counterexamples, and why they do not refute the thesis, and (3) an analysis of how law guides behaviour and the implications of the Coercion Thesis on reasons for action. Going against the current conventional wisdom in legal philosophy, Himma makes a systematic defence of the Coercion Thesis arguing that coercion or enforcement mechanisms are not only a necessary feature of legal systems, but a conceptually necessary feature of legal systems.

An Introduction to the Philosophy of Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 324 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis An Introduction to the Philosophy of Law by : Roscoe Pound

Download or read book An Introduction to the Philosophy of Law written by Roscoe Pound and published by . This book was released on 1922 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rediscovering Fuller

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Publisher : Amsterdam University Press
ISBN 13 : 9789053563878
Total Pages : 1008 pages
Book Rating : 4.5/5 (638 download)

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Book Synopsis Rediscovering Fuller by : W. J. Witteveen

Download or read book Rediscovering Fuller written by W. J. Witteveen and published by Amsterdam University Press. This book was released on 1999 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lon Fuller, one of the great American jurists of this century, is often remembered only for his stand on the morality of law in the Fuller-Hart debate. Rediscovering Fuller considers the full range of Fuller's writings, from his early engagement with legal fictions and his critique of legal positivism to his later work on implicit law and the art of institutional design. Contributors from the fields of both civil law and common law argue that Fuller's insights are highly relevant to contemporary concerns. The book contains essays by K. Winston, D. Dyzenhaus, P. Cliteur, F. Schauer ("Beyond the Fuller-Hart Debate"), P. Westerman, W. van der Burg, D. Luban ("Moralities of Law"), G. Postema, P. Teachout ("Implicit Law"), R. Macdonald, W. Witteveen, J. Allison, M. Hertogh, K. Soltan ("The Art of Institutional Design"), J. Allan, F. Mootz, J. Vining ("Law's Dialogue"), and a preface by Ph. Selznick. "At some point in the future, when we become more open to the moral relevance of social inquiry, more empirical in our study of philosophical issues, more capable of uniting moral and social theory, Lon Fuller's work will stand as a landmark. This volume will help show the way." —Ph. Selznick

Environmental Ethics

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Publisher : Temple University Press
ISBN 13 : 1439903913
Total Pages : 408 pages
Book Rating : 4.4/5 (399 download)

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Book Synopsis Environmental Ethics by : Holmes Rolston

Download or read book Environmental Ethics written by Holmes Rolston and published by Temple University Press. This book was released on 2012-06-20 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: A systematic account of values carried by the natural world.