The Nature Of Positive Law

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The Philosophy of Positive Law

Author : James Bernard Murphy
Publisher : Yale University Press
ISBN 13 : 0300138016
Total Pages : 254 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis The Philosophy of Positive Law by : James Bernard Murphy

Download or read book The Philosophy of Positive Law written by James Bernard Murphy and published by Yale University Press. This book was released on 2008-10-01 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this first book-length study of positive law, James Bernard Murphy rewrites central chapters in the history of jurisprudence by uncovering a fundamental continuity among four great legal philosophers: Plato, Thomas Aquinas, Thomas Hobbes, and John Austin. In their theories of positive law, Murphy argues, these thinkers represent successive chapters in a single fascinating story. That story revolves around a fundamental ambiguity: is law positive because it is deliberately imposed (as opposed to customary law) or because it lacks moral necessity (as opposed to natural law)? These two senses of positive law are not coextensive yet the discourse of positive law oscillates unstably between them. What, then, is the relation between being deliberately imposed and lacking moral necessity? Murphy demonstrates how the discourse of positive law incorporates both normative and descriptive dimensions of law, and he discusses the relation of positive law not only to jurisprudence but also to the philosophy of language, ethics, theories of social order, and biblical law.

Positive Law and Objective Values

Author : Andrei Marmor
Publisher : Oxford University Press
ISBN 13 : 9780198268970
Total Pages : 212 pages
Book Rating : 4.2/5 (689 download)

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Book Synopsis Positive Law and Objective Values by : Andrei Marmor

Download or read book Positive Law and Objective Values written by Andrei Marmor and published by Oxford University Press. This book was released on 2001 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is. On the basis of a theory of socialconventions and an analysis of law's authoritative nature, the book sets out the scope of law in relation to moral and other critical values. The book also maintains, however, that moral values are objective. It comprises a detailed analysis of the concept of objectivity, arguing that many aspectsof the law, and of moral values, are metaphysically objective.

Aristotle and Natural Law

Author : Tony Burns
Publisher : Bloomsbury Publishing
ISBN 13 : 1441107169
Total Pages : 225 pages
Book Rating : 4.4/5 (411 download)

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Book Synopsis Aristotle and Natural Law by : Tony Burns

Download or read book Aristotle and Natural Law written by Tony Burns and published by Bloomsbury Publishing. This book was released on 2011-10-27 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aristotle and Natural Law lays out a new theoretical approach which distinguishes between the notions of 'interpretation,' 'appropriation,' 'negotiation' and 'reconstruction' of the meaning of texts and their component concepts. These categories are then deployed in an examination of the role which the concept of natural law is used by Aristotle in a number of key texts. The book argues that Aristotle appropriated the concept of natural law, first formulated by the defenders of naturalism in the 'nature versus convention debate' in classical Athens. Thereby he contributed to the emergence and historical evolution of the meaning of one of the most important concept in the lexicon of Western political thought. Aristotle and Natural Law argues that Aristotle's ethics is best seen as a certain type of natural law theory which does not allow for the possibility that individuals might appeal to natural law in order to criticize existing laws and institutions. Rather its function is to provide them with a philosophical justification from the standpoint of Aristotle's metaphysics.

The Nature of Positive Law

Author : John Mason Lightwood
Publisher : BoD – Books on Demand
ISBN 13 : 3385350557
Total Pages : 438 pages
Book Rating : 4.3/5 (853 download)

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Book Synopsis The Nature of Positive Law by : John Mason Lightwood

Download or read book The Nature of Positive Law written by John Mason Lightwood and published by BoD – Books on Demand. This book was released on 2024-02-23 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the original, first published in 1883.

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.

Natural Law in Court

Author : R. H. Helmholz
Publisher : Harvard University Press
ISBN 13 : 0674504615
Total Pages : 285 pages
Book Rating : 4.6/5 (745 download)

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Book Synopsis Natural Law in Court by : R. H. Helmholz

Download or read book Natural Law in Court written by R. H. Helmholz and published by Harvard University Press. This book was released on 2015-06-08 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.

The Concept of Law

Author : Herbert Lionel Adolphus Hart
Publisher :
ISBN 13 :
Total Pages : 263 pages
Book Rating : 4.:/5 (159 download)

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Book Synopsis The Concept of Law by : Herbert Lionel Adolphus Hart

Download or read book The Concept of Law written by Herbert Lionel Adolphus Hart and published by . This book was released on 1986 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Philosophy of Law: A Very Short Introduction

Author : Raymond Wacks
Publisher : OUP Oxford
ISBN 13 : 0191510637
Total Pages : 169 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Philosophy of Law: A Very Short Introduction by : Raymond Wacks

Download or read book Philosophy of Law: A Very Short Introduction written by Raymond Wacks and published by OUP Oxford. This book was released on 2014-02-27 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Interpretations of Legal History

Author : Roscoe Pound
Publisher :
ISBN 13 :
Total Pages : 206 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Interpretations of Legal History by : Roscoe Pound

Download or read book Interpretations of Legal History written by Roscoe Pound and published by . This book was released on 1923 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Coercion and the Nature of Law

Author : Kenneth Einar Himma
Publisher :
ISBN 13 : 0198854935
Total Pages : 289 pages
Book Rating : 4.1/5 (988 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 . This book was released on 2020 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigor and originality. It sets the standard in contemporary jurisprudence. Book jacket.

From Human Dignity to Natural Law

Author : Richard Berquist
Publisher : Catholic University of America Press
ISBN 13 : 0813232422
Total Pages : 264 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis From Human Dignity to Natural Law by : Richard Berquist

Download or read book From Human Dignity to Natural Law written by Richard Berquist and published by Catholic University of America Press. This book was released on 2019-10-11 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Human Dignity to Natural Law shows how the whole of the natural law, as understood in the Aristotelian Thomistic tradition, is contained implicitly in human dignity. Human dignity means existing for one’s own good (the common good as well as one’s individual good), and not as a mere means to an alien good. But what is the true human good? This question is answered with a careful analysis of Aristotle’s definition of happiness. The natural law can then be understood as the precepts that guide us in achieving happiness. To show that human dignity is a reality in the nature of things and not a mere human invention, it is necessary to show that human beings exist by nature for the achievement of the properly human good in which happiness is found. This implies finality in nature. Since contemporary natural science does not recognize final causality, the book explains why living things, as least, must exist for a purpose and why the scientific method, as currently understood, is not able to deal with this question. These reflections will also enable us to respond to a common criticism of natural law theory: that it attempts to derive statements of what ought to be from statements about what is. After defining the natural law and relating it to human or positive law, Richard Berquist considers Aquinas’s formulation of the first principle of the natural law. It then discusses the love commandments to love God above all things and to love one’s neighbor as oneself as the first precepts of the natural law. Subsequent chapters are devoted to clarifying and defending natural law precepts concerned with the life issues, with sexual morality and marriage, and with fundamental natural rights. From Human Dignity to Natural Law concludes with a discussion of alternatives to the natural law.

Pure Theory of Law

Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584775785
Total Pages : 366 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Pure Theory of Law by : Hans Kelsen

Download or read book Pure Theory of Law written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.

Law’s Quandary

Author : Steven D. Smith
Publisher : Harvard University Press
ISBN 13 : 0674043820
Total Pages : 223 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Law’s Quandary by : Steven D. Smith

Download or read book Law’s Quandary written by Steven D. Smith and published by Harvard University Press. This book was released on 2009-07-01 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of nonsense. The diagnosis is similar to that offered by Holmes, the Legal Realists, and other critics over the past century, except that these critics assumed that the older ontological commitments were dead, or at least on their way to extinction; so their aim was to purge legal discourse of what they saw as an archaic and fading metaphysics. Smith's argument starts with essentially the same metaphysical predicament but moves in the opposite direction. Instead of avoiding or marginalizing the "ultimate questions," he argues that we need to face up to them and consider their implications for law.

Contemporary Perspectives on Natural Law

Author : Dr Ana Marta González
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409485668
Total Pages : 338 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Contemporary Perspectives on Natural Law by : Dr Ana Marta González

Download or read book Contemporary Perspectives on Natural Law written by Dr Ana Marta González and published by Ashgate Publishing, Ltd.. This book was released on 2012-10-01 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resorting to natural law is one way of conveying the philosophical conviction that moral norms are not merely conventional rules. Accordingly, the notion of natural law has a clear metaphysical dimension, since it involves the recognition that human beings do not conceive themselves as sheer products of society and history. And yet, if natural law is to be considered the fundamental law of practical reason, it must show also some intrinsic relationship to history and positive law. The essays in this book examine this tension between the metaphysical and the practical and how the philosophical elaboration of natural law presents this notion as a "limiting-concept", between metaphysics and ethics, between the mutable and the immutable; between is and ought, and, in connection with the latter, even the tension between politics and eschatology as a double horizon of ethics. This book, contributed to by scholars from Europe and America, is a major contribution to the renewed interest in natural law. It provides the reader with a comprehensive overview of natural law, both from a historical and a systematic point of view. It ranges from the mediaeval synthesis of Aquinas through the early modern elaborations of natural law, up to current discussions on the very possibility and practical relevance of natural law theory for the contemporary mind.

The Nature and Sources of the Law

Author : John Chipman Gray
Publisher :
ISBN 13 :
Total Pages : 366 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Nature and Sources of the Law by : John Chipman Gray

Download or read book The Nature and Sources of the Law written by John Chipman Gray and published by . This book was released on 1909 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Natural Law and Thomistic Juridical Realism

Author : Petar Popovic
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.

Outlines of the Philosophy of Right

Author : G. W. F. Hegel
Publisher : OUP Oxford
ISBN 13 : 019160481X
Total Pages : 432 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Outlines of the Philosophy of Right by : G. W. F. Hegel

Download or read book Outlines of the Philosophy of Right written by G. W. F. Hegel and published by OUP Oxford. This book was released on 2008-07-10 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is rational is actual and what is actual is rational. Hegel's Outlines of the Philosophy of Right is one of the greatest works of moral, social, and political philosophy. It contains significant ideas on justice, moral responsibility, family life, economic activity, and the political structure of the state - all matters of profound interest to us today. Hegel's aim is to lay out the various forms that human freedom must take on, if it is to be true freedom. He seeks to show that genuine human freedom does not consist in doing whatever we please, but involves living with others in accordance with publicly recognized rights and laws. Hegel demonstrates that institutions such as the family and the state provide the context in which individuals can flourish and enjoy full freedom. He also demonstrates that misunderstanding the true nature of freedom can lead to crime, evil, and poverty. His penetrating analysis of the causes of poverty in modern civil society was to be a great influence on Karl Marx. Hegel's study remains one of the most subtle and perceptive accounts of freedom that we possess. This new edition combines a revised translation with a cogent introduction to his work. ABOUT THE SERIES: For over 100 years Oxford World's Classics has made available the widest range of literature from around the globe. Each affordable volume reflects Oxford's commitment to scholarship, providing the most accurate text plus a wealth of other valuable features, including expert introductions by leading authorities, helpful notes to clarify the text, up-to-date bibliographies for further study, and much more.