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A Real Mind

Author: Patricia Mindus
Publisher: Springer Science & Business Media
ISBN: 9789048128952
Size: 20.69 MB
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This comprehensive presentation of Axel Hägerström (1868-1939) fills a void in nearly a century of literature, providing both the legal and political scholar and the non-expert reader with a proper introduction to the father of Scandinavian realism. Based on his complete work, including unpublished material and personal correspondence selected exclusively from the Uppsala archives, A Real Mind follows the chronological evolution of Hägerström’s intellectual enterprise and offers a full account of his thought. The book summarizes Hägerström’s main arguments while enabling further critical assessment, and tries to answer such questions as: If norms are neither true nor false, how can they be adequately understood on the basis of Hägerström’s theory of knowledge? Did the founder of the Uppsala school uphold emotivism in moral philosophy? What consequences does such a standpoint have in practical philosophy? Is he really the inspiration behind Scandinavian state absolutism?A Real Mind places the complex web of issues addressed by Hägerström within the broader context of 20th century philosophy, stretching from epistemology to ethics. His philosophy of law is examined in the core chapters of the book, with emphasis on the will-theory and the relation between law and power. The narrative is peppered with vignettes from Hägerström’s life, giving an insightful and highly readable portrayal of a thinker who put his imprint on legal theory. The appendix provides a selected bibliography and a brief synopsis of the major events in his life, both private and intellectual.

Essays In Legal And Moral Philosophy

Author: H. Kelsen
Publisher: Springer Science & Business Media
ISBN: 940102653X
Size: 49.74 MB
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In his choice of texts, the Editor has been faced with the difficult task of selecting, from among the author's more than 600 publications, those of the greatest philosophical interest. It is chiefly the topics of value-rela tivism and the logic of norms that have been kept in view. The selection has also been guided by the endeavour to reprint, so far as possible, texts which have not hitherto appeared in English. At times, however, this aim has had to be discarded, in order to include works of key im portance and also the latest expressions of Kelsen's view. In addition to the two topics already mentioned, the Editor has con sidered Kelsen's discussions of the causal principle to be so far worthy of philosophical attention, that some writings on causality and account ability have been included in this collection of philosophical studies. OTA WEINBERGER Hans Kelsen died on April 19th, 1973. Only his work now lives, for the inspiration of future generations of jurists and philosophers. Graz, 25th April, 1973 OT A WEINBERGER TRANSLATOR'S NOTE I am obliged to the Editor for his careful scrutiny of the translation, which has led to a number of corrections and improvements in the text.

Fundamental Principles Of The Sociology Of Law

Author: Eugene Ehrlich
Publisher: Routledge
ISBN: 1351518348
Size: 25.27 MB
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The innovative and revolutionary scholarship of the eminent Austrian legal theorist and professor of Roman law, Eugen Ehrlich (1862-1922), is of a very high caliber. His work has not only held its place well in view of what legal theory, especially sociological legal theory, has to offer, but is also still a powerful challenge to positions in legal theory that are no longer defensible. The sociology of law has followed in a direct line of succession from Ehrlich's observations and ideas as a new and special discipline linking jurisprudence with sociology.

Symbol And Reality

Author: Carl H. Hamburg
Publisher: Springer
ISBN: 9401194610
Size: 12.24 MB
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Since prefaces, for the most part, are written after a book is done, yet face the reader before he gets to it, it is perhaps not surprising that we usually find ourselves addressed by a more chastened and qualifying author than we eventually encounter in the ensuing pages. It is, after all, not only some readers, but the writer of a book himself who reads what he has done and failed to do. If the above is the rule, I am no exception to it. The discerning reader need not be told that the following studies differ, not only in the approaches they make to their unifying subject-matter, but also in their precision and thus adequacy of presentation. In addition to the usual reasons for this rather common shortcoming, there is an another one in the case of the present book. In spite of its comparative brevity, the time-span between its inception and termination covers some twenty years. As a result, some (historical and epistemological) sections reflect my preoccupation with CASSI RER'S eady works during student days in Germany and France. When, some ten years later, CASSIRER in a letter expressed "great joy" and anticipation for a more closely supervised con tinuation of my efforts (which, because of his untimely death, never came to pass), he gave me all the encouragement needed to go to work on a critical exposition of his "symbolic form" con cept.

The Ideal Element In Law

Author: Roscoe Pound
Publisher:
ISBN: 9780865973251
Size: 20.63 MB
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Roscoe Pound, former dean of Harvard Law School, delivered a series of lectures at the University of Calcutta in 1948. In these lectures, he criticized virtually every modern mode of interpreting the law because he believed the administration of justice had lost its grounding and recourse to enduring ideals. Now published in the U.S. for the first time, Pound's lectures are collected in Liberty Fund's The Ideal Element in Law, Pound's most important contribution to the relationship between law and liberty. The Ideal Element in Law was a radical book for its time and is just as meaningful today as when Pound's lectures were first delivered. Pound's view of the welfare state as a means of expanding government power over the individual speaks to the front-page issues of the new millennium as clearly as it did to America in the mid-twentieth century. Pound argues that the theme of justice grounded in enduring ideals is critical for America. He views American courts as relying on sociological theories, political ends, or other objectives, and in so doing, divorcing the practice of law from the rule of law and the rule of law from the enduring ideal of law itself. Roscoe Pound is universally recognized as one of the most important legal minds of the early twentieth century. Considered by many to be the dean of American jurisprudence, Pound was a former Justice of the Supreme Court of Nebraska and served as dean of Harvard Law School from 1916 to 1936. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.

Lectures On The Paradigms Of Legal Thinking

Author: Csaba Varga
Publisher: Akademiai Kiado
ISBN: 9789630576628
Size: 48.37 MB
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Legal philosopher Varga introduces readers to reasoning in law by leading them through the possibilities, boundaries, and traps of assuming personal responsibility and impersonal pattern adoption that have arisen in the history of human thought and in the various legal cultures. He seeks to reveal the actual processed hidden by the veil of patterns that are followed in thinking, processed that people encounter both in conceptual-logical quests for certainties and in the undertaking of fertilizing ambiguity. The original Hungarian Eloadasok a jogi gondolkad'e paradigmairol was published by Osiris, Budapest in 1999. Distributed in the US by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR

Essays In Jurisprudence And Philosophy

Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 0191018724
Size: 17.40 MB
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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.

Law And Semiotics

Author: Roberta Kevelson
Publisher: Springer Science & Business Media
ISBN: 1461307716
Size: 71.74 MB
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of those problems in law which we inherit and/or retrieve in order to reconstruct and interpret in the light of legal semiotics, however defined. In addition to three main areas of underlying metaphysical assumptions there are also three main areas of possible editorial focus and these should be mentioned. The three areas of focus are: 1) the state-of-the-art of legal semiotics; 2) the dynamic, intense and exceptionally interactive quality of conference participation, and 3) the content of the papers presented which is the material of this volume. My choice of this triad of focal possibilities is to exclude the last since the papers speak for themselves and need but a brief reportorial caption. I also eliminate the second possible focus as the main focus since the discussion was not taped for editing into this volume and must remain for all those who participated a quality of scholarly meetings to be remembered, savored and hoped for. My main focus is on the "state-of-the-art" of legal semiotics. II At the conclusion of the First Round Table on Law and Semiotics (1987) it was noted that there were no working paradigms, in Kuhn's sense, that thus far emerged but rather that several problematic areas were disclosed which warrant attention. Therefore the first concern of Legal Semiotics should be to address the surface, i. e.

Judiciaries Within Europe

Author: John Bell
Publisher: Cambridge University Press
ISBN: 113945868X
Size: 78.55 MB
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An in-depth study, originally published in 2006, of the careers and roles of judges in France, Germany, Spain, Sweden and England, this book is based on original language materials and investigations of judges and judicial institutions in each country. On the basis of these detailed case studies, the book suggests factors that shape the character of the judiciary in different countries, focusing on issues such as women's careers and the relationship between judicial careers and politics. Bell's investigations offer lessons on issues which the English judiciary was having to confront in the period of reform at the time of this book's publication.

The Ethics Of Reproductive Genetics

Author: Marta Soniewicka
Publisher: Springer
ISBN: 3319606840
Size: 18.54 MB
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This book is aimed at analyzing the foundations of medical ethics by considering different moral theories and their implications for judgments in clinical practice and policy-making. It provides a review of the major types of ethical theory that can be applied to medical and bioethical issues concerning reproductive genetics. In response to the debate on the most adequate ethical doctrine to guide biomedical decisions, this book formulates views that capture the best elements in each, bearing in mind their differences and taking into account the specific character of medicine. No historically influential position in ethics is by itself adequate to be applied to reproductive decisions. Thus, this book attempts to offer a pluralistic approach to biomedical research and medical practice. One usually claims that there are some basic principles (non-maleficence, beneficence, confidentiality, autonomy, and justice) which constitute the foundations of bioethics and medical ethics. Yet these principles conflict with each other and one needs some criteria to solve these conflicts and to specify the scope of application of these principles. Exploring miscellaneous ethical approaches as introduced to biomedicine, particularly to reproductive genetics, the book shall elucidate their different assumptions concerning human nature and the relations between healthcare providers, recipients, and other affected parties (e.g. progeny, relatives, other patients, society). The book attempts to answer the question of whether the tension between these ethical doctrines generates conflict in the field of biomedicine or if these competing approaches could in some way complement each other. In this respect, lecturers and researchers in bioethics would be interested in this reading this book.