The Philosophy 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.

Lectures on Jurisprudence

Author : John Austin
Publisher :
ISBN 13 :
Total Pages : 678 pages
Book Rating : 4.:/5 (334 download)

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Book Synopsis Lectures on Jurisprudence by : John Austin

Download or read book Lectures on Jurisprudence written by John Austin and published by . This book was released on 1873 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Lectures on Jurisprudence

Author : John Austin
Publisher :
ISBN 13 :
Total Pages : 700 pages
Book Rating : 4.R/5 ( download)

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Book Synopsis Lectures on Jurisprudence by : John Austin

Download or read book Lectures on Jurisprudence written by John Austin and published by . This book was released on 1873 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

Positive Law from the Muslim World

Author : Baudouin Dupret
Publisher : Cambridge University Press
ISBN 13 : 1108960138
Total Pages : 329 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Positive Law from the Muslim World by : Baudouin Dupret

Download or read book Positive Law from the Muslim World written by Baudouin Dupret and published by Cambridge University Press. This book was released on 2021-06-24 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can the concept of law be indiscriminately extended to times and places in which it did simply not exist? Such an extension is at best useless and at worst misleading. Producing an intelligible jurisprudence of the concept of law means keeping it within the reasonable boundaries of its contemporary common-sense understanding: positive law. Parallel to Western societies in which it firstly emerged, the concept of positive law developed in many places, including countries characterized as Muslim. There, it faced other existing normativities, like customs and the Sharia. This book aims, from the Muslim world's perspective, to clarify the uses of the concept of law and the ways of studying it, to describe some of its historical developments, including the ideas of constitutional law, customary law and forensic evidence, and to describe present-day practices, including reference to law sources, rules and interpretation.

Lectures on Jurisprudence, Or, The Philosophy of Positive Law

Author : John Austin
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584774290
Total Pages : 1172 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Lectures on Jurisprudence, Or, The Philosophy of Positive Law by : John Austin

Download or read book Lectures on Jurisprudence, Or, The Philosophy of Positive Law written by John Austin and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 1172 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

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.

Lectures on Jurisprudence

Author : John Austin
Publisher : Forgotten Books
ISBN 13 : 9780428802929
Total Pages : 544 pages
Book Rating : 4.8/5 (29 download)

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Book Synopsis Lectures on Jurisprudence by : John Austin

Download or read book Lectures on Jurisprudence written by John Austin and published by Forgotten Books. This book was released on 2018-01-11 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Lectures on Jurisprudence: The Philosophy of Positive Law After his death Mrs. Austin (in 1861) by the advice of friends edited a reprint of the volume containing the Province, ' with the preface above referred to. This was followed two years later by two volumes containing all that by extreme diligence and assiduity could be found and put together of Austin's work. Subsequently the valuable notes of the original Lectures taken by J. S. Mill, who was a constant attendant upon the course, were placed in Mrs. Austin's hands for another edition. She commenced the prepara tion, but her death left the work unaccomplished, and it devolved, at the request of the executors, on the present editor, whose edition was published in 1869. Of this the edition of 1873 is a reprint with a few slight verbal corrections. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Lectures on Jurisprudence

Author : John Austin
Publisher :
ISBN 13 : 9781604491494
Total Pages : 504 pages
Book Rating : 4.4/5 (914 download)

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Download or read book Lectures on Jurisprudence written by John Austin and published by . This book was released on 1875 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Philosophy of Law: A Very Short Introduction

Author : Raymond Wacks
Publisher : OUP Oxford
ISBN 13 : 0191510645
Total Pages : 152 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 152 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.

LECTURES ON JURISPRUDENCE

Author : JOHN. AUSTIN
Publisher :
ISBN 13 : 9781033712931
Total Pages : 0 pages
Book Rating : 4.7/5 (129 download)

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Book Synopsis LECTURES ON JURISPRUDENCE by : JOHN. AUSTIN

Download or read book LECTURES ON JURISPRUDENCE written by JOHN. AUSTIN and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Province of Jurisprudence Determined

Author : John Austin
Publisher :
ISBN 13 :
Total Pages : 492 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Province of Jurisprudence Determined by : John Austin

Download or read book The Province of Jurisprudence Determined written by John Austin and published by . This book was released on 1861 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reason, Morality, and Law

Author : John Keown
Publisher :
ISBN 13 : 0199675503
Total Pages : 628 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Reason, Morality, and Law by : John Keown

Download or read book Reason, Morality, and Law written by John Keown and published by . This book was released on 2013-03-21 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Finnis is a pre-eminent legal, moral and political philosopher. This volume contains over 25 essays by leading international scholars of philosophy and law who critically engage with issues at the heart of Finnis's work.

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:

The Autonomy of Law

Author : Robert P. George
Publisher : Clarendon Press
ISBN 13 : 9780198267904
Total Pages : 356 pages
Book Rating : 4.2/5 (679 download)

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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?.

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.