The Philosophy of Legal Change

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Publisher : Routledge
ISBN 13 : 0429997698
Total Pages : 469 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis The Philosophy of Legal Change by : Maciej Chmieliński

Download or read book The Philosophy of Legal Change written by Maciej Chmieliński and published by Routledge. This book was released on 2019-07-05 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democratic legal systems have recently been subject to rapid and multi-directional processes of change. There are numerous sociological, technological, ideological, or purely political processes which result in law’s amendment and transformation. This book argues that this legal change is best understood from a political philosophy perspective. This can be used as an interpretative device to understand the ongoing processes of change as well as their outcomes such as new laws, judicial interpretations, or constitutional amendments. The work has three main objectives: to provide deeper understanding of the problems of legal change within the diversity of Western political and legal thought; to examine the development of the processes of change in terms of their normative and prudential acceptability; to interpret actual processes of change with a view to the general theoretical and normative background. The book is divided into three parts: Part I sets the scene and is focused on the general issues important for understanding and evaluating legal change from the perspective of political philosophy; Part II focuses on the spectrum of politico-philosophical justifications present in the political culture of democratic states; Part III offers selected case studies to specify and apply the philosophical ideas in the previous parts. The book will be a valuable resource for students and scholars of law and jurisprudence, including comparative legal studies and human rights law, political theory, and philosophy.

An Introduction to the Philosophy of Law

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Publisher : DigiCat
ISBN 13 :
Total Pages : 178 pages
Book Rating : 4.8/5 (596 download)

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Book Synopsis An Introduction to the Philosophy of Law by : Roscoe Pound

Download or read book An Introduction to the Philosophy of Law written by Roscoe Pound and published by DigiCat. This book was released on 2022-08-01 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: DigiCat Publishing presents to you this special edition of "An Introduction to the Philosophy of Law" by Roscoe Pound. DigiCat Publishing considers every written word to be a legacy of humankind. Every DigiCat book has been carefully reproduced for republishing in a new modern format. The books are available in print, as well as ebooks. DigiCat hopes you will treat this work with the acknowledgment and passion it deserves as a classic of world literature.

Encyclopedia of the Philosophy of Law and Social Philosophy

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Publisher :
ISBN 13 : 9789400767300
Total Pages : pages
Book Rating : 4.7/5 (673 download)

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Book Synopsis Encyclopedia of the Philosophy of Law and Social Philosophy by : Mortimer N. S. Sellers

Download or read book Encyclopedia of the Philosophy of Law and Social Philosophy written by Mortimer N. S. Sellers and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Updated content will continue to be published as 'Living Reference Works'"--Publisher.

Legal Justice and Social Change

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Publisher :
ISBN 13 :
Total Pages : 260 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Legal Justice and Social Change by : Evyatar Levine

Download or read book Legal Justice and Social Change written by Evyatar Levine and published by . This book was released on 1990 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Philosophy of Law

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Publisher : Oxford University Press
ISBN 13 : 0199687005
Total Pages : 169 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Philosophy of Law by : Raymond Wacks

Download or read book Philosophy of Law written by Raymond Wacks and published by Oxford University Press. This book was released on 2014-02 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy.

Aristotelian Protestantism in Legal Philosophy

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Publisher : DPSP
ISBN 13 : 9090339620
Total Pages : 531 pages
Book Rating : 4.0/5 (93 download)

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Book Synopsis Aristotelian Protestantism in Legal Philosophy by : Liesbeth Huppes-Cluysenaer

Download or read book Aristotelian Protestantism in Legal Philosophy written by Liesbeth Huppes-Cluysenaer and published by DPSP. This book was released on 2022-01-01 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the first-time English translation of the main work of Paul Scholten, the General Method of Private Law. The introductory article analyzes Scholten’s view in contrast with a particular combination of Comte’s centralizing optimization program and Neo-Kantian Idealism, which is still dominant in political philosophy. Comte’s sociology and Scholten’s Jurisprudentialism are not presented here in the well-known opposition of Sein and Sollen, but by showing how their different views on scientific method are grounded in opposite views on the philosophical, political and ethical meaning of human action. Neo-Kantianism adheres to Comte’s view, while Scholten adheres to the Aristotelian view, as it had developed in Christianity and had provided the protestant foundation of the Dutch Republic in the seventeenth century. Comte attacks Aristotelian Protestantism, which he characterizes as the metaphysical stage of the Western development of state: negative, protestant, constitutional and juridical. Scholten’s views oppose the inherent trend towards centralization in Comte’s program to cover all aspects of optimization for the best of all, ever better. That branch of political philosophy not only has shaky foundations in scientific method but also has reached its boundaries of operational applicability. Scholten’s views oppose the emphasis in Comte’s program on a unified general will and stress the need for accepting the existence of deeply conflicting philosophies of life in society. This has consequences for the organization of democracy regarding independence of specialized agencies, the role of civil society and the voting system. It not just holds for the state level but also for Unions and supranational organizations. The legal system plays a key role in this development. Scholten’s views and activities have had great posthumous impact for the reconstruction of society and politics in the first years after World War II. They contributed to the collaboration between the different denominations in the Protestant church, opened up the social-democratic party to different denominations and helped develop the cooperation of different Christian parties, leaving the cleavages of the pre-war political spectre behind. Authors and open reviewers who have contributed to the DPSP project, have a broad international background, apart from the Netherlands: Finland, Germany, Austria, France, Italy, United Kingdom, Brazil, United States and Indonesia. Indonesia plays a substantial role in the book, as Scholten played a main role in setting up the legal education system in what was then the Netherlands Indies. Chapters 1. Paul Scholten, Aristotelian Protestantism in Dutch Legal Philosophy. Liesbeth Huppes-Cluysenaer (p.1) 2. Paul Scholten’s Life. Rogier Chorus, Liesbeth Huppes-Cluysenaer, Jacqueline Schoonheim (p.28) 3. General Method of Private Law. English translation of the First Chapter of the General Volume of the Asser-serie on Dutch Civil Law, written by Paul Scholten. Liesbeth Huppes-Cluysenaer, Marjanne Termorshuizen-Arts, Cassandra Steer, Paul Scholten (p.37) 4. Jumping Judges, Judicial Discovery of Law. Niels van Manen (p.225) 5. From a Legal Order to a Legal System, Scholten’s Contribution to a Theory of Legal Change. Jean-Louis Halpérin (p.249) 6. Law and Context, Scholten’s Open System of Law and Legal Harmonisation. Jaakko Husa (261) 7. Case-Based Reasoning and Formulary Procedure, A Guard against Individual Emotions. Marco Gardini (p.287) 8. Kelsen and Scholten on Reason and Emotion in Solving Cases. Nuno M.M.S. Coelho (p.315) 9. Trembling Necessity and Analogy, Juridical Reason as Judgment by the Similar. Luciano de Camargo Penteado (p.334) 10. Paul Scholten and the Founding of the Batavia Rechtshogeschool. Upik Djalins (p.354) 11. In Search of Scholten’s Legacy, The Meaning of the Method of Rechtsvinding for the Current Indonesian Legal Discourse. Shidarta (p.396) 12. Scholten’s Reflections on Judge’s Practices, An Apology of the Mystery of the Legal Craft. Robert Knegt (p.443) 13. The Reception of the Work of Paul Scholten in the Netherlands. Marjanne Termorshuizen-Arts (p.465) 14. Re-Appraising Paul Scholten, His Influence on the Development of a National Legal System in Indonesia. Tristam P. Moeliono (p.495)

The Philosophy of Law and Legal Science

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Publisher : Cambridge Scholars Publishing
ISBN 13 : 152751787X
Total Pages : 280 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis The Philosophy of Law and Legal Science by : V.P. Salnikov

Download or read book The Philosophy of Law and Legal Science written by V.P. Salnikov and published by Cambridge Scholars Publishing. This book was released on 2018-10-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores a variety of problems connected to philosophy and philosophy of law. It discusses the problem of monism-pluralism in philosophy and philosophy of law, criticizes philosophy of post-positivism and postmodernism, and investigates dialectics as a universal global methodological basis of scientific cognition and philosophy of law. The volume also pays particular attention to contemporary legal education, offering potential solutions to problems in this field. The book is the result of a range of sociological studies conducted both in Russia and abroad concerning the legal process and legal consciousness.

Law, Reason, and Justice

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Publisher : New York : New York University Press
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Law, Reason, and Justice by : Graham Hughes

Download or read book Law, Reason, and Justice written by Graham Hughes and published by New York : New York University Press. This book was released on 1969 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Philosophy of Law

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Publisher : Psychology Press
ISBN 13 : 0415334411
Total Pages : 262 pages
Book Rating : 4.4/5 (153 download)

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Book Synopsis Philosophy of Law by : Mark Tebbit

Download or read book Philosophy of Law written by Mark Tebbit and published by Psychology Press. This book was released on 2005 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Simultaneously published in the USA and Canada."

Position and Change

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Publisher : Springer Science & Business Media
ISBN 13 : 9401012024
Total Pages : 311 pages
Book Rating : 4.4/5 (1 download)

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Book Synopsis Position and Change by : L. Lindahl

Download or read book Position and Change written by L. Lindahl and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present study which I have subtitled A Study in Law and Logic was prompted by the question of whether an investigation into law and legal systems could lead to the discovery of unrevealed fundamental patterns common to all such systems. This question was further stimulated by two interrelated problems. Firstly, could an inquiry be rooted in specifically legal matters, as distinct from the more usual writings on deontic logic? Secondly, could such inquiry yield a theory which would nevertheless embrace a strict and simple logical structure, permitting substantive conclusions in legal matters to be deduced from simple rules governing some basic concepts? Before the development of deontic logic, W. N. Hohfeld devoted his efforts to this question at the beginning of this century. However, with this exception, few jurists have studied the interrelation between law and logic projected in this way. Nevertheless, two great names are to be found, Gottfried Wilhelm Leibniz and Jeremy Bentham-both philo sophers with legal as weIl as logical training. Bentham's investigations of logical patterns in law have only recently attracted attention; and as for Leibniz, his achievements are still almost totally unexplored (his most important writings on law and logic have not even been translated from Latin). My initial interest in the question was evoked by Professor Stig Kanger. Although primarily a logician and philosopher, Stig Kanger has been interested also in the fundamentals of legal theory.

The New Philosophy of Criminal Law

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Publisher : Rowman & Littlefield
ISBN 13 : 1783484152
Total Pages : 284 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis The New Philosophy of Criminal Law by : Chad Flanders

Download or read book The New Philosophy of Criminal Law written by Chad Flanders and published by Rowman & Littlefield. This book was released on 2015-12-16 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no more vivid example of a state’s power over its citizens than the criminal law. By criminalizing various behaviours, the state sets boundaries on what we can and cannot do. And the criminal law is in many ways unique in the harshness of its sanctions. But traditional criminal law theory has for too long focussed on the questions, “what is a crime?” and “what is the justification of punishment?” The significance of the criminal law extends beyond these questions; indeed, critical philosophical questions underlie all aspects of the criminal justice system. The criminal law engages us not just as offenders or potential offenders, but also as victims, suspects, judges and jurors, prosecutors and defenders—and as citizens. The authors in this volume go beyond traditional questions to challenge our conventional understandings of the criminal law. In doing so, they draw from a number of disciplines including philosophy, history, and social science.

The Concept of Law

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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:

Paradigms of Social Order

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Publisher : Springer Nature
ISBN 13 : 3030661792
Total Pages : 461 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Paradigms of Social Order by : Sergio Dellavalle

Download or read book Paradigms of Social Order written by Sergio Dellavalle and published by Springer Nature. This book was released on 2021-05-27 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: No social life is possible without order. Order being the most constituent element of society, it is not surprising that so many theories have been developed to explain what social order is and how it is possible, as well as to explore the features that social order acquires in its different dimensions. The book leads these many theories of social order back to a few main matrices for the use of theoretical and practical reason, which are defined as 'paradigms of order'. The plurality of conceptual constructs regarding social order is therefore reduced to a manageable number of theoretical patterns and an intellectual map is produced in which the most significant differences between paradigms are clearly outlined. Furthermore, the 'paradigmatic revolutions' are addressed that marked the most relevant turning points in the way in which a 'well-ordered society' should be understood. Against this background, the question is discussed on the theoretical and practical perspectives for a cosmopolitan society as the only suitable possibility to meet the global challenges with which we are all presently confronted.

"The Law" and the Law of Change

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Author :
Publisher : Legare Street Press
ISBN 13 : 9781021453273
Total Pages : 0 pages
Book Rating : 4.4/5 (532 download)

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Book Synopsis "The Law" and the Law of Change by : Nathan Isaacs

Download or read book "The Law" and the Law of Change written by Nathan Isaacs and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking work, philosopher Nathan Isaacs explores the nature of change and its relation to the law. He argues that the law must adapt to changing circumstances in order to remain just and effective. Isaacs draws on a wide range of sources, from ancient philosophy to modern legal theory, to make his case. 'The Law and the Law of Change' is a thought-provoking and timely work that will appeal to anyone interested in the intersection of law and philosophy. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Law and the Social Order

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Publisher : Transaction Publishers
ISBN 13 : 9781412827300
Total Pages : 492 pages
Book Rating : 4.8/5 (273 download)

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Book Synopsis Law and the Social Order by : Morris Raphael Cohen

Download or read book Law and the Social Order written by Morris Raphael Cohen and published by Transaction Publishers. This book was released on 1982-01-01 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Containing the bulk of Morris Cohen's writings on the philosophy of law, this collection of essays features articles originally published in popular periodicals and law reviews during the early decades of this century. In his introduction to the Social and Moral Thought edition, Harry N. Rosenfield reviews Cohen's contributions to the philosophy of law and emphasizes Cohen's enormous influence, as a legal philosopher, on American law.

Law and Imagination in Troubled Times

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Publisher : Routledge
ISBN 13 : 1000066835
Total Pages : 257 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Law and Imagination in Troubled Times by : Richard Mullender

Download or read book Law and Imagination in Troubled Times written by Richard Mullender and published by Routledge. This book was released on 2020-05-12 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection focuses on how troubled times impact upon the law, the body politic, and the complex interrelationship among them. It centres on how they engage in a dialogue with the imagination and literature, thus triggering an emergent (but thus far underdeveloped) field concerning the ‘legal imagination.’ Legal change necessitates a close examination of the historical, cultural, social, and economic variables that promote and affect such change. This requires us to attend to the variety of non-legal variables that percolate throughout the legal system. The collection probes ‘the transatlantic constitution’ and focuses attention on imagination in a common law context that seems to foster imagination as a cultural capability. The book is divided into four parts. The first part begins with a set of insights into the historical development of legal education in England and concludes with a reflection on the historical transition of England from an absolute monarchy to a republic. The second part of the volume examines the role that imagination plays in the functioning of the courts. The third part focuses on patterns of thought in legal scholarship and detects how legal imagination contributes to the process of producing new legal categories and terminology. The fourth part focuses on patterns of thought in legal scholarship, and looks to the impact of the imagination on legal thinking in the future. The work provides stimulating reading for those working in the areas of legal philosophy, legal history and law and humanities and law and language.

The Philosophy of Law

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Publisher :
ISBN 13 :
Total Pages : 326 pages
Book Rating : 4.3/5 (129 download)

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Book Synopsis The Philosophy of Law by : Immanuel Kant

Download or read book The Philosophy of Law written by Immanuel Kant and published by . This book was released on 1887 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: