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The Concept Of Ideals In Legal Theory
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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 Concept of Ideals in Legal Theory by : Hester Sanne Taekema
Download or read book The Concept of Ideals in Legal Theory written by Hester Sanne Taekema and published by . This book was released on 2000 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Philip Selznick written by Martin Krygier and published by Stanford University Press. This book was released on 2012-05-23 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philip Selznick's wide-ranging writings engaged with fundamental questions concerning society, politics, institutions, law, and morals. Never confined by a single discipline or approach, he proved himself a major figure across a range of fields including sociology, organizations and institutions, leadership, political science, sociology of law, political theory, and social philosophy. This volume, the first book-length treatment of Selznick's ideas, discusses Selznick's various intellectual contributions. Reading across Selznick's work, one appreciates the coherence of his fundamental preoccupations—with the social conditions for frustration and the vindication of values and ideas. Exploring Selznick's insights into the nature and quality of institutional, legal, and social life, the book also examines his particular ways of thinking, concerns, values, and sensibility. Martin Krygier brings to light the coherence of Selznick's fundamental preoccupations, allowing readers to fully engage with his unique insights and distinctive moral-intellectual sensibility.
Book Synopsis The Importance of Ideals by : Wibren van der Burg
Download or read book The Importance of Ideals written by Wibren van der Burg and published by Peter Lang. This book was released on 2004 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ideals are important in social reality, but they have been neglected in theories of law, politics, and morality. This book has the role of ideals as its central theme. More specifically, it argues that ideals are necessary to understand pluralism, that they are key elements in controversy and debate, and that they enable development. It combines theoretical analysis of the concept of ideals with discussion of concrete debates and cases, including philosophical debates about politics and equality, sociological studies of the diverse interpretations of the rule of law, and accounts of the development of environmental law and privacy law. Thus, the functioning of ideals is critically examined, showing the merits and limitations of an ideal-oriented approach.
Book Synopsis Western Legal Theory by : Augusto Zimmermann
Download or read book Western Legal Theory written by Augusto Zimmermann and published by . This book was released on 2012-12-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Western Legal Theory: History, Concepts and Perspectives enable readers to gain a holistic appreciation of the law by presenting a broad collection of ideas concerning the nature of law. The author draws from a number of social disciplines to provide a rounded sense of what law really is and how it should work in society. The text discusses a wide range of theories and theorists, and also traces the historical developments of Western legal thought from ancient times to the present day. With a focus on the historical and contemporary role of philosophy in the interpretation of law, Western Legal Theory: History, Concepts and Perspectives provide a fascinating insight into the development of law and a comprehensive analysis of current legal thought. It is ideal for students of legal theory and jurisprudence, legal history, political philosophy, and legal practitioners and general readers interested in the theories underpinning our legal institutions and framework.
Book Synopsis The Autonomy of Law by : Robert P. George
Download or read book The Autonomy of Law written by Robert P. George and published by Clarendon Press. This book was released on 1999 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays from legal philosophers offers an assessment of the nature and viability of legal positivism. It addresses questions such as: to what extent is the law adequately described as autonomous?; and should legal theorists maintain a conceptual separation of law and morality?.
Book Synopsis The Oxford Handbook of Global Legal Pluralism by : Paul Schiff Berman
Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press. This book was released on 2020-06-01 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.
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 Law as a Moral Idea by : Nigel E. Simmonds
Download or read book Law as a Moral Idea written by Nigel E. Simmonds and published by OUP Oxford. This book was released on 2007 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the institutions of law, and the structures of legal thought, are to be understood by reference to a moral ideal. The idea of law is an ideal of freedom, or independence from the power of others. The moral value and justificatory force of law are not contingent uponcircumstance, but intrinsic to its character as law. Doctrinal legal arguments are shaped by rival conceptions of the conditions for realisation of the idea of law.In making these claims, the author rejects the viewpoint of much contemporary legal theory, and seeks to move jurisprudence closer to an older tradition of philosophical reflection upon law, exemplified by Hobbes and Kant. Modern analytical jurisprudence has tended to view these older philosophiesas confused precisely in so far as they equate an understanding of law's nature with a revelation of its moral basis. According to most contemporary legal theorists, the understanding and analysis of existing institutions is quite distinct from any enterprise of moral reflection. But therelationship between ideals and practices is much more intimate than this approach would suggest. Some institutions can be properly understood only when they are viewed as imperfect attempts to realise moral or political ideals; and some ideals can be conceived only by reference to their expressionin institutions.
Book Synopsis Architectures of Justice by : Henrik Palmer Olsen
Download or read book Architectures of Justice written by Henrik Palmer Olsen and published by Routledge. This book was released on 2016-05-23 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law can be seen to consist not only of rules and decisions, but also of a framework of institutions providing a structure that forms the conditions of its workable existence and acceptance. In this book Olsen and Toddington conduct a philosophical exploration and critique of these conditions: what they are and how they shape our understanding of what constitutes a legal system and the role of justice within it.
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.
Author :Internationale Vereinigung für Rechts- und Sozialphilosophie Publisher :Franz Steiner Verlag ISBN 13 :9783515085038 Total Pages :206 pages Book Rating :4.0/5 (85 download)
Book Synopsis Proceedings of the ... World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR) by : Internationale Vereinigung für Rechts- und Sozialphilosophie
Download or read book Proceedings of the ... World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR) written by Internationale Vereinigung für Rechts- und Sozialphilosophie and published by Franz Steiner Verlag. This book was released on 2004 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Architectures of Justice by : Henrik Palmer Olsen
Download or read book Architectures of Justice written by Henrik Palmer Olsen and published by Routledge. This book was released on 2016-05-23 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law can be seen to consist not only of rules and decisions, but also of a framework of institutions providing a structure that forms the conditions of its workable existence and acceptance. In this book Olsen and Toddington conduct a philosophical exploration and critique of these conditions: what they are and how they shape our understanding of what constitutes a legal system and the role of justice within it.
Book Synopsis Law's Ideal Dimension by : Robert Alexy
Download or read book Law's Ideal Dimension written by Robert Alexy and published by Oxford University Press. This book was released on 2021-07-16 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law's Ideal Dimension provides a comprehensive account in English of renowned legal theorist Robert Alexy's understanding of jurisprudence, as expanded upon from his publications A Theory of Legal Argumentation (OUP 1989), A Theory of Constitutional Rights (OUP 1985), and The Argument from Injustice (OUP 1992). The collection is divided into three parts. Part One concerns the nature of law: it explores its real and ideal dimensions and how the ideal dimension of law is sometimes employed but does not play a systematically important role. Part Two discusses constitutional rights, human rights, and proportionality. It defends the construction of constitutional rights as principles against objections raised by the rule construction and elaborates on the nature of constitutional rights as well as the mathematical balancing of those rights. Part Three concerns the relation between argumentation, correctness, and law. The author concludes this volume with a biographical reflection.
Book Synopsis Ethical Leadership in International Organizations by : Maria Varaki
Download or read book Ethical Leadership in International Organizations written by Maria Varaki and published by Cambridge University Press. This book was released on 2021-05-20 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops an interdisciplinary conceptualisation and a practical application of virtue ethics to leadership in international organisations.
Book Synopsis Law and Society in Transition by : Philippe Nonet
Download or read book Law and Society in Transition written by Philippe Nonet and published by Routledge. This book was released on 2017-07-12 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Year by year, law seems to penetrate ever larger realms of social, political, and economic life, generating both praise and blame. Nonet and Selznick's Law and Society in Transition explains in accessible language the primary forms of law as a social, political, and normative phenomenon. They illustrate with great clarity the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity. To make jurisprudence relevant, legal, political, and social theory must be reintegrated. As a step in this direction, Nonet and Selznick attempt to recast jurisprudential issues in a social science perspective. They construct a valuable framework for analyzing and assessing the worth of alternative modes of legal ordering. The volume's most enduring contribution is the authors' typology-repressive, autonomous, and responsive law. This typology of law is original and especially useful because it incorporates both political and jurisprudential aspects of law and speaks directly to contemporary struggles over the proper place of law in democratic governance. In his new introduction, Robert A. Kagan recasts this classic text for the contemporary world. He sees a world of responsive law in which legal institutions-courts, regulatory agencies, alternative dispute resolution bodies, police departments-are periodically studied and redesigned to improve their ability to fulfill public expectations. Schools, business corporations, and governmental bureaucracies are more fully pervaded by legal values. Law and Society in Transition describes ways in which law changes and develops. It is an inspiring vision of a politically responsive form of governance, of special interest to those in sociology, law, philosophy, and politics.
Book Synopsis Epistemic Uncertainty and Legal Theory by : Brian Burge-Hendrix
Download or read book Epistemic Uncertainty and Legal Theory written by Brian Burge-Hendrix and published by Ashgate Publishing, Ltd.. This book was released on 2008-01-01 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political rights - as well as cases in constitutional adjudication. It shows the worth of careful reflection on methodological and meta-theoretical issues for a comprehensive account of a present-day legal system which is fast becoming the norm.
