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Modern Jurisprudence

Author: Sean Coyle
Publisher: Bloomsbury Publishing
ISBN: 1509905634
Size: 71.57 MB
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The second edition of this book provides a concise and accessible guide to modern jurisprudence, offering an examination of the major theories as well as highlighting principal themes such as legality and justice. Together with new material, the second edition explores the historical developments and ideas that give modern thinking its distinctive shape. A key feature of the book is that readers are not simply presented with opposing theories, but are guided through the rival standpoints on the basis of a coherent line of reflection from which an overall sense of the subject can be gained. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis, and a new chapter on Acquinas, take the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that result in a fresh and original perspective on the subject.

Modern Jurisprudence

Author: Sean Coyle
Publisher: Bloomsbury Publishing
ISBN: 1782254145
Size: 22.79 MB
Format: PDF
View: 158
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This book provides a concise and accessible guide to modern jurisprudence, offering an examination of the major theories and systematic discussion of themes such as legality and justice. It gives readers a better understanding of the rival viewpoints by exploring the historical developments which give modern thinking its distinctive shape, and placing law in its political context. A key feature of the book is that readers are not simply presented with opposing theories, but are guided through the rival standpoints on the basis of a coherent line of reflection from which an overall sense of the subject can be gained. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis take the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that build to a fresh and original perspective on the subject.

Modern Jurisprudence

Author: Sean Coyle
Publisher: Bloomsbury Publishing
ISBN: 1849467501
Size: 66.71 MB
Format: PDF
View: 1316
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This book provides a concise and accessible guide to modern jurisprudence, offering an examination of the major theories and systematic discussion of themes such as legality and justice. It gives readers a better understanding of the rival viewpoints by exploring the historical developments which give modern thinking its distinctive shape, and placing law in its political context. A key feature of the book is that readers are not simply presented with opposing theories, but are guided through the rival standpoints on the basis of a coherent line of reflection from which an overall sense of the subject can be gained. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis take the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that build to a fresh and original perspective on the subject.

Philosophy Of Law

Author: Andrei Marmor
Publisher: Princeton University Press
ISBN: 9781400838707
Size: 16.11 MB
Format: PDF, ePub
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In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal domain can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law.

On The Philosophy Of Law

Author: David A. Reidy
Publisher: Wadsworth Publishing Company
ISBN: 9780495004219
Size: 61.70 MB
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What is a law? What gives laws their authority? What is the purpose of punishment? Do certain laws apply internationally, that is, across national borders? In ON THE PHILOSOPHY OF LAW, David Reidy guides students through these and other central questions in the philosophy of law. Written in an engaging style, this text provides a first-hand encounter with the philosophical issues concerning law, thereby preparing students for serious inquiry. THE WADSWORTH PHILOSOPHICAL TOPICS SERIES presents readers with concise, timely, and insightful introductions to a variety of traditional and contemporary philosophical subjects. With this series, students of philosophy will be able to discover the richness of philosophical inquiry across a wide array of concepts, including hallmark philosophical themes and themes typically underrepresented in mainstream philosophy publishing. Written by a distinguished list of scholars who have garnered particular recognition for their excellence in teaching, this series presents the vast sweep of today's philosophical exploration in highly accessible and affordable volumes. These books will prove valuable to philosophy teachers and their students as well as to other readers who share a general interest in philosophy.

Philosophy Of Law

Author: Mark Tebbit
Publisher: Taylor & Francis
ISBN: 1315281007
Size: 50.63 MB
Format: PDF
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Philosophy of Law: An Introduction provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, Mark Tebbit quickly leads readers into the heart of the philosophical questions that dominate philosophy of law today. He provides an exceptionally wide-ranging overview of the contending theories that have sought to resolve these problems. He does so without assuming prior knowledge either of philosophy or law on the part of the reader. The book is structured in three parts around the key issues and themes in philosophy of law: What is the law? – the major legal theories addressing the question of what we mean by law, including natural law, legal positivism and legal realism. The reach of the law – the various legal theories on the nature and extent of the law’s authority, with regard to obligation and civil disobedience, rights, liberty and privacy. Criminal law – responsibility and mens rea, intention, recklessness and murder, legal defences, insanity and philosophies of punishment. This new third edition has been thoroughly updated to include assessments of important developments in philosophy and law in the early years of the twenty-first century. Revisions include a more detailed analysis of natural law, new chapters on common law and the development of positivism, a reassessment of the Austin–Hart dispute in the light of recent criticism of Hart, a new chapter on the natural law–positivist controversy over Nazi law and legality, and new chapters on criminal law, extending the analysis of the dispute over the viability of the defences of necessity and duress.

The Philosophy Of Positive Law

Author: James Bernard Murphy
Publisher: Yale University Press
ISBN: 9780300138016
Size: 34.90 MB
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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.

Philosophy Of Law

Author: Jeffrey Brand
Publisher: A&C Black
ISBN: 1623568897
Size: 57.98 MB
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Organized around specific questions, theses and arguments, Philosophy of Law: Introducing Jurisprudence helps students get to grips with the fascinating yet often complex realm of legal philosophy. This comprehensive introduction explores fundamental questions about legal systems, legal reasoning, and legal concepts, covering a wide range of topics in jurisprudence including: • Liability • Punishment • Causation • Discretion • Precedent • Constitutional disobedience • The rule of law Packed with boxed case studies, chapter discussion questions, guides to further reading, a glossary of key terms and online resources for lecturers and students, Jeffrey Brand guides the reader through ideas in an accessible way. Philosophy of Law is ideal for use as a core textbook or as a companion to a set of primary sources.

Rethinking Indian Jurisprudence

Author: Aakash Singh Rathore
Publisher: Taylor & Francis
ISBN: 1351106635
Size: 26.52 MB
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What is law? What is the source of law? What is the law for? How does law differ from other norms or codes of conduct? What is the difference between law and morality? Who is obligated to follow the law and why? What is the difference between moral and legal obligation? This book addresses these foundational questions about the law in general, and seeks to reorient our thoughts to the specific nature of law in India, the India of today, and the possible India of the future. This volume: covers relevant foundational elements, concepts and questions of the discipline; brings the uniqueness of Indian Philosophy of Law to the fore; critically analyzes the major theories of jurisprudence; examines legal debates on secularism, rationality, religion, rights and caste politics; and presents useful cases and examples, including free speech, equality and reservation, queer law, rape and security, and the ethics of organ donation. Lucid and accessible, the book will be indispensable to students, teachers and scholars of law, philosophy, politics as well as philosophy of law, sociology of law, legal theory and jurisprudence.

Understanding Jurisprudence

Author: Raymond Wacks
Publisher: Oxford University Press
ISBN: 0198806019
Size: 54.51 MB
Format: PDF, ePub, Docs
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Written with students in mind, Professor Raymond Wacks brings legal theory to life through his lucid and entertaining style. The author has crafted a manageable guide, balancing concise introductions to the key theorists and core issues such as punishment and rights without ignoring thesubtleties of the subject. Seminal quotes from leading scholars are included to help students recognise the impact of their work, while extensive further reading suggestions at the end of each chapter invite students to explore the broad range of literature available on central topics. Each chapter concludes with a series ofcritical questions designed to encourage reader to think analytically about the law and the key debates which surround it. This book is accompanied by online resources which includes multiple-choice questions with instant feedback to give students the chance to test their understanding.