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The Invisible Origins Of Legal Positivism
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Book Synopsis The Invisible Origins of Legal Positivism by : W.E. Conklin
Download or read book The Invisible Origins of Legal Positivism written by W.E. Conklin and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conklin's thesis is that the tradition of modern legal positivism, beginning with Thomas Hobbes, postulated different senses of the invisible as the authorising origin of humanly posited laws. Conklin re-reads the tradition by privileging how the canons share a particular understanding of legal language as written. Leading philosophers who have espoused the tenets of the tradition have assumed that legal language is written and that the authorising origin of humanly posited rules/norms is inaccessible to the written legal language. Conklin's re-reading of the tradition teases out how each of these leading philosophers has postulated that the authorising origin of humanly posited laws is an unanalysable externality to the written language of the legal structure. As such, the authorising origin of posited rules/norms is inaccessible or invisible to their written language. What is this authorising origin? Different forms include an originary author, an a priori concept, and an immediacy of bonding between person and laws. In each case the origin is unwritten in the sense of being inaccessible to the authoritative texts written by the officials of civil institutions of the sovereign state. Conklin sets his thesis in the context of the legal theory of the polis and the pre-polis of Greek tribes. The author claims that the problem is that the tradition of legal positivism of a modern sovereign state excises the experiential, or bodily, meanings from the written language of the posited rules/norms, thereby forgetting the very pre-legal authorising origin of the posited norms that each philosopher admits as offering the finality that legal reasoning demands if it is to be authoritative.
Book Synopsis Philosophy and Kafka by : Brendan Moran
Download or read book Philosophy and Kafka written by Brendan Moran and published by Lexington Books. This book was released on 2013-04-19 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosophy and Kafka is a collection of original essays interrogating the relationship of literature and philosophy. The essays either discuss specific philosophical commentaries on Kafka’s work, consider the possible relevance of certain philosophical outlooks for examining Kafka’s writings, or examine Kafka’s writings in terms of a specific philosophical theme, such as communication and subjectivity, language and meaning, knowledge and truth, the human/animal divide, justice, and freedom.
Download or read book Hegel's Laws written by and published by Stanford University Press. This book was released on 2008-06-20 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: An introduction to Hegel's ideas on the nature of law. This book takes readers through different structures of legal consciousness, from the private law of property, contract, and crimes to intentionality, the family, the role of the state, and international law.
Book Synopsis University of Toronto Faculty of Law Review by :
Download or read book University of Toronto Faculty of Law Review written by and published by . This book was released on 2003 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Province of Jurisprudence Democratized by : Allan C. Hutchinson
Download or read book The Province of Jurisprudence Democratized written by Allan C. Hutchinson and published by Oxford University Press, USA. This book was released on 2009 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Province of Jurisprudence Democratized contributes to the legal academy's shift away from a technical analytical philosophy to a jurisprudence that reflects a more democratic approach. It advances the claim that there is no position of theoretical or political innocence and that like the law it seeks to illuminate, legal theory must recognize its own political and social swing. Allan C. Hutchinson contends that, whatever else democracy might entail or imply, it must oppose elite rule whether by autocrats, functionaries or theorists, however enlightened or principled their proposals or interventions may be, and that authority must come from below, not above. The author's in-depth investigation into some of the most famous works of jurisprudence offers constructive suggestions to improve these historical arguments and forces open the longstanding issue of failed analytical methodologies of jurisprudence." "Scholars, students, and legal theorists alike will find this book engaging as they fashion their own objective criticisms regarding the concepts of 'truth,' 'fact,' and the relationship between 'law' and 'morality.' By challenging the foundational basis of contemporary legal thought. Allan C. Hutchinson attempts to wrest contemporary jurisprudence from the stifling grip of analytical legal theory, as he proposes to open it to a more thoroughly democratic approach."--BOOK JACKET.
Download or read book Vergilian Digest written by and published by . This book was released on 2004 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Author :International Association for Philosophy of Law and Social Philosophy. World Congress Publisher :Franz Steiner Verlag Wiesbaden GmbH ISBN 13 : Total Pages :224 pages Book Rating :4.F/5 ( download)
Book Synopsis Legal Philosophy by : International Association for Philosophy of Law and Social Philosophy. World Congress
Download or read book Legal Philosophy written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag Wiesbaden GmbH. This book was released on 2002 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: M. Strasser: The Image of Man S. Kirste: The Temporality of Law and the Plurality of Social Times V. Luizzi: Law as Acts of Citizens A. Visegrady: Zur Effektivit�t des Rechts K. Campbell: Custom as a Source of Law M. Pavcnik: Traps of the Nature of Law N. Struchiner: The Meaning of Justice L. F. Coelho: A Contribution to a Critical Theory of Law A. Verza: Neutrality Toward Microdifferences, Toleration Toward Macrodifferences C. Bellon: Rights and Autonomy R. Martin: On Hohfeldian Liberties L. Moral Soriano: Balancing Reasons at the European Court of Justice W. Ott: Did East German Border Guards Along the Berlin Wall Act Illegally? P. Warren: Self-Ownership, Talent Pooling and Reciprocity O. Astorga: La imaginaci�n jurid�ca R. A. Grover: Thomas Hobbes and the Global State of Nature W. E. Conklin: The Place of the People in John Austin's Structuralism V. Karam De Chueiri: The Chain of Law.
Download or read book Mind written by and published by . This book was released on 2002 with total page 1012 pages. Available in PDF, EPUB and Kindle. Book excerpt: Issues for 1896-1900 contain papers of the Aristotelian Society.
Book Synopsis Current Publications in Legal and Related Fields by :
Download or read book Current Publications in Legal and Related Fields written by and published by . This book was released on 2001 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis West's Encyclopedia of American Law by : Jeffrey Lehman
Download or read book West's Encyclopedia of American Law written by Jeffrey Lehman and published by . This book was released on 2005 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides current information on more than 5,000 legal topics. Includes completely revised articles covering important issues, biographies, definitions of legal terms and more. Covers such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, and physician-assisted suicide.
Download or read book Origins of Order written by Paul W. Kahn and published by Yale University Press. This book was released on 2019-10-29 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of how two fundamental concepts of order influence our ideas about sovereignty, citizenship, law, and history Western accounts of natural and political order have deployed two basic ideas: project and system. In a project, order is produced by the intentional act of a subject; in a system, order is immanent in the world. In the former, order is made; in the latter, discovered. Paul W. Kahn shows how project and system have long been at work in our theological and philosophical tradition. Against this background, Kahn explains the development of the modern legal imagination in the nineteenth century as a movement from project to system. Americans began the century imagining the constitutional order as their common project: a deliberate construction of We the People. They ended the century imagining that order is continuous with the common law: an immanent development of the principles of civilization. This imaginative shift affected ideas of legal text, sovereignty, citizenship, interpretation, history, and science.
Book Synopsis The Origin and Development of Religious Belief by : Sabine Baring-Gould
Download or read book The Origin and Development of Religious Belief written by Sabine Baring-Gould and published by . This book was released on 1878 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Common Law – Civil Law by : Nicoletta Bersier
Download or read book Common Law – Civil Law written by Nicoletta Bersier and published by Springer Nature. This book was released on 2022-01-01 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law’s purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history – roots that allow us to trace them back to distinct traditions. Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems. The book addresses this reassessment.
Book Synopsis The Oxford Handbook of Jurisprudence and Philosophy of Law by : Jules Coleman
Download or read book The Oxford Handbook of Jurisprudence and Philosophy of Law written by Jules Coleman and published by OUP Oxford. This book was released on 2004-01-22 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state-of-the-art overview of jurisprudential scholarship.
Book Synopsis The British National Bibliography by : Arthur James Wells
Download or read book The British National Bibliography written by Arthur James Wells and published by . This book was released on 2001 with total page 1864 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Origin and Development of Religious Belief by : Sabine Baring-Gould
Download or read book The Origin and Development of Religious Belief written by Sabine Baring-Gould and published by . This book was released on 1878 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:
