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El Debate De Hart Fuller
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Book Synopsis The Hart-Fuller Debate in the Twenty-First Century by : Peter Cane
Download or read book The Hart-Fuller Debate in the Twenty-First Century written by Peter Cane and published by Bloomsbury Publishing. This book was released on 2010-02-16 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between HLA Hart and Lon L Fuller. These essays do not to re-run that debate and they are not confined to discussion of the jurisprudential issues canvassed by Hart and Fuller. Rather they pick up on strands in the debate and re-think them in the light of social, political and intellectual developments in the past 50 years and changed ways of understanding law and other normative systems. This collection looks forward rather than backward using the debate as a point of departure and inspiration.
Book Synopsis Advances in Experimental Philosophy of Law by : Karolina Prochownik
Download or read book Advances in Experimental Philosophy of Law written by Karolina Prochownik and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Only recently have philosophers and psychologists begun to consider empirical research methods to inform questions and debates in legal philosophy. With the field ripe for further experimental inquiry, this collection explores the most topical empirical developments and anticipates future research directions. Bringing together legal scholars, psychologists, and philosophers, chapters address questions such as: Do people share a stable set of intuitions about what the law is? What are common perceptions about causation, intentionality, and culpability, and are they consistent with the corresponding legal concepts? To what extent can experimental research methods advance theoretical debates in legal philosophy about the nature of law? With fascinating implications for legal philosophy, ethics, and moral psychology, Advances in Experimental Philosophy of Law sets the agenda for the emerging field of experimental jurisprudence and will be of interest to both researchers and practitioners alike.
Book Synopsis The Morality of Law by : Lon Luvois Fuller
Download or read book The Morality of Law written by Lon Luvois Fuller and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis The Principles of Social Order by : Lon Luvois Fuller
Download or read book The Principles of Social Order written by Lon Luvois Fuller and published by Durham, N.C. : Duke University Press. This book was released on 1981 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Force of Law by : Frederick Schauer
Download or read book The Force of Law written by Frederick Schauer and published by Harvard University Press. This book was released on 2015-02-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law
Download or read book Natural Law Theory written by Tom Angier and published by Cambridge University Press. This book was released on 2021-09-16 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Section 1, I outline the history of natural law theory, covering Plato, Aristotle, the Stoics and Aquinas. In Section 2, I explore two alternative traditions of natural law, and explain why these constitute rivals to the Aristotelian tradition. In Section 3, I go on to elaborate a via negativa along which natural law norms can be discovered. On this basis, I unpack what I call three 'experiments in being', each of which illustrates the cogency of this method. In Section 4, I investigate and rebut two seminal challenges to natural law methodology, namely, the fact/value distinction in metaethics and Darwinian evolutionary biology. In Section 5, I then outline and criticise the 'new' natural law theory, which is an attempt to revise natural law thought in light of the two challenges above. I conclude, in Section 6, with a summary and some reflections on the prospects for natural law theory.
Download or read book Law's Empire written by Ronald Dworkin and published by . This book was released on 2011-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.
Book Synopsis The Anxiety of the Jurist by : Claudio Michelon
Download or read book The Anxiety of the Jurist written by Claudio Michelon and published by Routledge. This book was released on 2016-04-01 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in this volume pay homage to Zenon Bańkowski, with a focus on problems concerning law’s normalization and the revitalizing force of anxiety. Ranging from political critique to methodological issues and from the role of human rights in development to the role of parables and analogy in legal reasoning, the contributions themselves are testament to the richness of Bańkowski’s scholarship, as well as to the applicability of his core ideas to a wide range of issues. Divided into five parts, the book focuses on the role and methods of the jurist; conceptions of legality and the experience of living under rules; jurisprudential issues affecting exchange and the market; and the burden and methods of legal judgement. It also includes Bańkowski’s 2011 valedictory lecture and a bibliography of his work. Comprising all original contributions, the contributors represent a balance of established, leading figures and younger, emerging scholars in the field of legal and social theory.
Book Synopsis Summer for the Gods by : Edward J Larson
Download or read book Summer for the Gods written by Edward J Larson and published by Basic Books. This book was released on 2020-06-16 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Pulitzer Prize-winning history of the Scopes Trial and the battle over evolution and creation in America's schools In the summer of 1925, the sleepy hamlet of Dayton, Tennessee, became the setting for one of the twentieth century's most contentious courtroom dramas, pitting William Jennings Bryan and the anti-Darwinists against a teacher named John Scopes, represented by Clarence Darrow and the ACLU, in a famous debate over science, religion, and their place in public education. That trial marked the start of a battle that continues to this day-in cities and states throughout the country. Edward Larson's classic Summer for the Gods -- winner of the Pulitzer Prize in History -- is the single most authoritative account of this pivotal event. An afterword assesses the state of the battle between creationism and evolution, and points the way to how it might potentially be resolved.
Download or read book Forms Liberate written by Kristen Rundle and published by Bloomsbury Publishing. This book was released on 2012-05-04 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lon L Fuller's account of what he termed 'the internal morality of law' is widely accepted as the classic twentieth century statement of the principles of the rule of law. Much less accepted is his claim that a necessary connection between law and morality manifests in these principles, with the result that his jurisprudence largely continues to occupy a marginal place in the field of legal philosophy. In 'Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller', Kristen Rundle offers a close textual analysis of Fuller's published writings and working papers to explain how his claims about the internal morality of law belong to a wider exploration of the ways in which the distinctive form of law introduces meaningful limits to lawgiving power through its connection to human agency. By reading Fuller on his own terms, 'Forms Liberate' demonstrates why his challenge to a purely instrumental conception of law remains salient for twenty-first century legal scholarship.
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.
Book Synopsis Essays in Jurisprudence and Philosophy by : H. L. A. Hart
Download or read book Essays in Jurisprudence and Philosophy written by H. L. A. Hart and published by OUP Oxford. This book was released on 1983-11-24 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.
Book Synopsis Scholarship Reconsidered by : Ernest L. Boyer
Download or read book Scholarship Reconsidered written by Ernest L. Boyer and published by John Wiley & Sons. This book was released on 2015-10-06 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shifting faculty roles in a changing landscape Ernest L. Boyer's landmark book Scholarship Reconsidered: Priorities of the Professoriate challenged the publish-or-perish status quo that dominated the academic landscape for generations. His powerful and enduring argument for a new approach to faculty roles and rewards continues to play a significant part of the national conversation on scholarship in the academy. Though steeped in tradition, the role of faculty in the academic world has shifted significantly in recent decades. The rise of the non-tenure-track class of professors is well documented. If the historic rule of promotion and tenure is waning, what role can scholarship play in a fragmented, unbundled academy? Boyer offers a still much-needed approach. He calls for a broadened view of scholarship, audaciously refocusing its gaze from the tenure file and to a wider community. This expanded edition offers, in addition to the original text, a critical introduction that explores the impact of Boyer's views, a call to action for applying Boyer's message to the changing nature of faculty work, and a discussion guide to help readers start a new conversation about how Scholarship Reconsidered applies today.
Book Synopsis Criminalizing Dissent by : Rob Watts
Download or read book Criminalizing Dissent written by Rob Watts and published by Routledge. This book was released on 2019-06-25 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: While liberal-democratic states like America, Britain and Australia claim to value freedom of expression and the right to dissent, they have always actually criminalized dissent. This disposition has worsened since 9/11 and the 2008 Great Recession. This ground-breaking study shows that just as dissent involves far more than protest marches, so too liberal-democratic states have expanded the criminalization of dissent. Drawing on political and social theorists like Arendt, Bourdieu and Isin, the book offers a new way of thinking about politics, dissent and its criminalization relationally. Using case studies like the Occupy movement, selective refusal by Israeli soldiers, urban squatters, democratic education and violence by anti-Apartheid activists, the book highlights the many forms dissent takes along with the many ways liberal-democratic states criminalize it. The book highlights the mix of fear and delusion in play when states privilege security to protect an imagined ‘political order’ from difference and disagreement. The book makes a major contribution to political theory, legal studies and sociology. Linking legal, political and normative studies in new ways, Watts shows that ultimately liberal-democracies rely more on sovereignty and the capacity for coercion and declarations of legal ‘states of exception’ than on liberal-democratic principles. In a time marked by a deepening crisis of democracy, the book argues dissent is increasingly valuable.
Book Synopsis How to Do Things with Words by : John Langshaw Austin
Download or read book How to Do Things with Words written by John Langshaw Austin and published by Oxford University Press. This book was released on 1975 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work sets out Austin's conclusions in the field to which he directed his main efforts for at least the last ten years of his life. Starting from an exhaustive examination of his already well-known distinction between performative utterances and statements, Austin here finally abandons that distinction, replacing it with a more general theory of 'illocutionary forces' of utterances which has important bearings on a wide variety of philosophicalproblems.
Book Synopsis The Law in Quest of Itself by : Lon L. Fuller
Download or read book The Law in Quest of Itself written by Lon L. Fuller and published by The Lawbook Exchange, Ltd.. This book was released on 1999 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fuller, Lon L. The Law in Quest of Itself. Boston: Beacon Press, 1966. [vi], 150 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-32863. ISBN-13: 978-1-58477-016-9. ISBN-10: 1-58477-016-3. Cloth. $60.* Three lectures by the Harvard Law School professor examine legal positivism and natural law. In the course of his analysis Fuller discusses Kelsen's theory as a reactionary theory, and Hobbes' theory of sovereignty. He defines legal positivism as the viewpoint that draws a distinction "between the law that is and the law that ought to be..." (p.5) and interprets natural law as that which tolerates a combination of the two. He looks at the effects of positivism's continued influence on American legal thinking and concludes that law as a principle of order is necessary in a democracy.
