Exploring Law's Empire by Scott Hershovitz

Exploring Law's Empire
  • Title : Exploring Law's Empire
  • Author : Scott Hershovitz
  • Publisher :
  • ISBN Code : 9780191706462
  • Pages : 328
  • Format : Pdf - ePub
  • Language : English
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Summary:

This is a collection of essays by legal theorists who examine Ronald Dworkin's work in the theory of law and constitutionalism. The book touches on all aspects of Dworkin's theories, and so serves as a companion volume to his main works.


Criminal Litigation Handbook by Lisa Mountford,Martin Hannibal

Criminal Litigation Handbook
  • Title : Criminal Litigation Handbook
  • Author : Lisa Mountford,Martin Hannibal
  • Publisher :
  • ISBN Code : 9789780199272
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Justice in Robes by Ronald Dworkin,Frank Henry Sommer Professor of Law and Philosophy Ronald Dworkin,RONALD AUTOR DWORKIN

Justice in Robes
  • Title : Justice in Robes
  • Author : Ronald Dworkin,Frank Henry Sommer Professor of Law and Philosophy Ronald Dworkin,RONALD AUTOR DWORKIN
  • Publisher : Harvard University Press
  • ISBN Code : 9780674021679
  • Pages : 308
  • Format : Pdf - ePub
  • Language : English
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Summary:

How should a judge's moral convictions bear on his judgments about what the law is? In "Justice in Robes," Ronald Dworkin argues that this question is much more complex than it has often been taken to be and charts a variety of dimensions in which law and morals are undoubtedly interwoven. Dworkin's new collection of essays and original chapters is a model of lucid, logical, and impassioned reasoning that will advance the crucially important debate about the roles of justice in law.


Law's Empire by Ronald Dworkin

Law's Empire
  • Title : Law's Empire
  • Author : Ronald Dworkin
  • Publisher :
  • ISBN Code : 9780006860280
  • Pages : 470
  • Format : Pdf - ePub
  • Language : English
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A Union of Peoples by Pavlos Eleftheriadis

A Union of Peoples
  • Title : A Union of Peoples
  • Author : Pavlos Eleftheriadis
  • Publisher :
  • ISBN Code : 019885417X
  • Pages : 304
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book delves into the legal theory of the European Union, offering an internationalist theory of European Union law as part of the law of nations, where its central principles are not the principles of a single constitution, but the cosmopolitan principles of accountability, liberty, and fairness.


Philosophical Foundations of Medical Law by Andelka M. Phillips,Thana C. de Campos,Jonathan Herring

Philosophical Foundations of Medical Law
  • Title : Philosophical Foundations of Medical Law
  • Author : Andelka M. Phillips,Thana C. de Campos,Jonathan Herring
  • Publisher : Oxford University Press, USA
  • ISBN Code : 0198796552
  • Pages : 352
  • Format : Pdf - ePub
  • Language : English
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Summary:

With advances in personalised medicine, the field of medical law is being challenged and transformed. The nature of the doctor-patient relationship is shifting as patients simultaneously become consumers. The regulation of emerging technologies is being thrown into question, and we face new challenges in the context of global pandemics. This volume identifies significant questions and issues underlying the philosophy of medical law. It brings together leading philosophers, legal theorists, and medical specialists to discuss these questions in two parts. The first part deals with key foundational theories, and the second addresses a variety of topical issues, including euthanasia, abortion, and medical privacy. The wide range of perspectives and topics on offer provide a vital introduction to the philosophical underpinnings of medical law.


The Functions of Law by Kenneth M. Ehrenberg

The Functions of Law
  • Title : The Functions of Law
  • Author : Kenneth M. Ehrenberg
  • Publisher : Oxford University Press
  • ISBN Code : 019166846X
  • Pages : 210
  • Format : Pdf - ePub
  • Language : English
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Summary:

What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities.


Taking Rights Seriously by Ronald Dworkin

Taking Rights Seriously
  • Title : Taking Rights Seriously
  • Author : Ronald Dworkin
  • Publisher : A&C Black
  • ISBN Code : 1780938330
  • Pages : 448
  • Format : Pdf - ePub
  • Language : English
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Summary:

A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.


Law Quadrangle Notes by N.A

Law Quadrangle Notes
  • Title : Law Quadrangle Notes
  • Author : N.A
  • Publisher :
  • ISBN Code :
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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A Life of H.L.A. Hart by Nicola Lacey

A Life of H.L.A. Hart
  • Title : A Life of H.L.A. Hart
  • Author : Nicola Lacey
  • Publisher : Oxford University Press, USA
  • ISBN Code :
  • Pages : 422
  • Format : Pdf - ePub
  • Language : English
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Summary:

This volume is the biography of H.L.A. Hart, the pre-eminent legal philosopher of the 20th century. As a scholar he re-invented the philosophy of law and revolutionised our understanding of law as a social institution. His writings had an enormous impact on informed public opinion in the 1960s.


Jurisprudence by J. G. Riddall

Jurisprudence
  • Title : Jurisprudence
  • Author : J. G. Riddall
  • Publisher : Oxford University Press
  • ISBN Code : 9780406900104
  • Pages : 355
  • Format : Pdf - ePub
  • Language : English
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Summary:

This new edition incorporates new topics, including chapters on Utilitarianism, Scandinavian realism, the New Critics, and the Hart v. Dworkin debate.


International Legal Materials by N.A

International Legal Materials
  • Title : International Legal Materials
  • Author : N.A
  • Publisher :
  • ISBN Code :
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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H.L.A. Hart by Matthew H. Kramer

H.L.A. Hart
  • Title : H.L.A. Hart
  • Author : Matthew H. Kramer
  • Publisher : Polity
  • ISBN Code : 9781509520725
  • Pages : 260
  • Format : Pdf - ePub
  • Language : English
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Summary:

H.L.A. Hart is among the most important philosophers of the twentieth century, with an especially great influence on the philosophy of law. His 1961 book The Concept of Law has become an enduring classic of legal philosophy, and has also left a significant imprint on moral and political philosophy. In this volume, leading contemporary legal and political philosopher Matthew H. Kramer provides a crystal-clear analysis of Hart’s contributions to our understanding of the nature of law. He elucidates and scrutinizes every major aspect of Hart’s jurisprudential thinking, ranging from his general methodology to his defense of legal positivism. He shows how Hart’s achievement in The Concept of Law, despite the evolution of debates in subsequent decades, remains central to contemporary legal philosophy because it lends itself to being reinterpreted in light of new concerns and interests. Kramer therefore pays particular attention to the strength of Hart’s insights in the context of present-day disputes among philosophers over the reality of normative entities and properties and over the semantics of normative statements. This book is an invaluable guide to Hart’s thought for students and scholars of legal philosophy and jurisprudence, as well as moral and political philosophy.


Current Publications in Legal and Related Fields by N.A

Current Publications in Legal and Related Fields
  • Title : Current Publications in Legal and Related Fields
  • Author : N.A
  • Publisher :
  • ISBN Code :
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Political Obligation Through Connectedness by Nina Corinne Brewer-Davis

Political Obligation Through Connectedness
  • Title : Political Obligation Through Connectedness
  • Author : Nina Corinne Brewer-Davis
  • Publisher :
  • ISBN Code :
  • Pages : 444
  • Format : Pdf - ePub
  • Language : English
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Law and Morality by KennethEinar Himma

Law and Morality
  • Title : Law and Morality
  • Author : KennethEinar Himma
  • Publisher : Routledge
  • ISBN Code : 1351560808
  • Pages : 524
  • Format : Pdf - ePub
  • Language : English
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Summary:

This volume collects many of the key essays exploring the possible relationships between the concepts of law and morality, a central concern of contemporary philosophizing about law. It is organized around five conceptual issues: classical natural law theory; legal positivism's separability thesis; Ronald Dworkin's constructive interpretivism; inclusive legal positivism's assertion that there can be legal systems with moral criteria of legality; and the relevance of morality and moral theorizing in theorizing about the concept of law and associated legal concepts. Each of the essays makes an important contribution toward addressing these issues.


The Legacy of Ronald Dworkin by Wil Waluchow,Stefan Sciaraffa

The Legacy of Ronald Dworkin
  • Title : The Legacy of Ronald Dworkin
  • Author : Wil Waluchow,Stefan Sciaraffa
  • Publisher : Oxford University Press
  • ISBN Code : 0190466413
  • Pages : 456
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book assembles leading legal, political, and moral philosophers to examine the legacy of the work of Ronald Dworkin. They provide the most comprehensive critical treatment of Dworkin's accomplishments focusing on his work in all branches of philosophy, including his theory of value, political philosophy, philosophy of international law, and legal philosophy. The book's organizing principle and theme reflect Dworkin's self-conception as a builder of a unified theory of value, and the broad outlines of his system can be found throughout the book. The first section addresses the most abstract and general aspect of Dworkin's work--the unity of value thesis. The second section explores Dworkin's contributions to political philosophy, and discusses a number of political concepts including authority, civil disobedience, the legitimacy of states and the international legal system, distributive justice, collective responsibility, and Dworkin's master value of dignity and the associated values of equal concern and respect. The third section addresses various aspects of Dworkin's general theory of law. The fourth and final section comprises accounts of the structure and defining values of discrete areas of law.


Constitutional Law and Politics: Struggles for power and governmental accountability by David M. O'Brien

Constitutional Law and Politics: Struggles for power and governmental accountability
  • Title : Constitutional Law and Politics: Struggles for power and governmental accountability
  • Author : David M. O'Brien
  • Publisher : W W Norton & Company Incorporated
  • ISBN Code : 9780393930382
  • Pages : 1134
  • Format : Pdf - ePub
  • Language : English
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Summary:

Now in its Seventh Edition, Constitutional Law and Politics remains the authoritative casebook for the study of Supreme Court decisions in political science courses.


The Cambridge Companion to Natural Law Jurisprudence by George Duke,Robert P. George

The Cambridge Companion to Natural Law Jurisprudence
  • Title : The Cambridge Companion to Natural Law Jurisprudence
  • Author : George Duke,Robert P. George
  • Publisher : Cambridge University Press
  • ISBN Code : 1107120519
  • Pages : 458
  • Format : Pdf - ePub
  • Language : English
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Summary:

This volume brings together leading experts on natural law theory to provide perspectives on the nature and foundations of law.


Justice for Hedgehogs by Ronald Dworkin

Justice for Hedgehogs
  • Title : Justice for Hedgehogs
  • Author : Ronald Dworkin
  • Publisher : Harvard University Press
  • ISBN Code : 0674071964
  • Pages : 528
  • Format : Pdf - ePub
  • Language : English
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Summary:

In Dworkin’s master work, the central thesis is that all areas of value depend on one another. This is one, big thing that the hedgehog knows, in contrast to the fox, who knows many little things. Dworkin’s understanding of the relationship—between ethics, morality, and political morality—is significantly revised and also greatly elaborated. He argues that “dignity” is the essential core of living well and that a satisfactory account of dignity would, in turn, point to two principles. The first states that it is objectively important that each person’s life go well; and the second that each person has a special responsibility for identifying what counts as success in his or her own life. Dworkin believes that values cohere and that in order to defend that coherence he has to take up a broad variety of philosophical issues that are not normally treated in one book. He discusses the metaphysics of value, the character of truth, the nature of interpretation, the conditions of agreement and disagreement, the phenomenon of moral responsibility and the problem of free will as well as more substantive issues of ethical, moral and legal theory.


Essays in Jurisprudence and Philosophy by H. L. A. Hart

Essays in Jurisprudence and Philosophy
  • Title : Essays in Jurisprudence and Philosophy
  • Author : H. L. A. Hart
  • Publisher : OUP Oxford
  • ISBN Code : 0191018724
  • Pages : 404
  • Format : Pdf - ePub
  • Language : English
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Summary:

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.


General Jurisprudence by William Twining

General Jurisprudence
  • Title : General Jurisprudence
  • Author : William Twining
  • Publisher : Cambridge University Press
  • ISBN Code : 0521505933
  • Pages : 517
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book explores the implications of globalisation for the theoretical study of law, justice, and human rights.


A Treatise of Legal Philosophy and General Jurisprudence by Gerald J. Postema

A Treatise of Legal Philosophy and General Jurisprudence
  • Title : A Treatise of Legal Philosophy and General Jurisprudence
  • Author : Gerald J. Postema
  • Publisher : Springer Science & Business Media
  • ISBN Code : 9048189608
  • Pages : 618
  • Format : Pdf - ePub
  • Language : English
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Summary:

Volume 11, the sixth of the historical volumes of A Treatise of Legal Philosophy and General Jurisprudence, offers a fresh, philosophically engaged, critical interpretation of the main currents of jurisprudential thought in the English-speaking world of the 20th century. It tells the tale of two lectures and their legacies: Oliver Wendell Holmes, Jr.’s “The Path of Law” (1897) and H.L.A. Hart’s Holmes Lecture, “Positivism and the Separation of Law and Morals” (1958). Holmes’s radical challenge to late 19th century legal science gave birth to a rich variety of competing approaches to understanding law and legal reasoning from realism to economic jurisprudence to legal pragmatism, from recovery of key elements of common law jurisprudence and rule of law doctrine in the work of Llewellyn, Fuller and Hayek to root-and-branch attacks on the ideology of law by the Critical Legal Studies and Feminist movements. Hart, simultaneously building upon and transforming the undations of Austinian analytic jurisprudence laid in the early 20th century, introduced rigorous philosophical method to English-speaking jurisprudence and offered a reinterpretation of legal positivism which set the agenda for analytic legal philosophy to the end of the century and beyond. A wide-ranging debate over the role of moral principles in legal reasoning, sparked by Dworkin’s fundamental challenge to Hart’s theory, generated competing interpretations of and fundamental challenges to core doctrines of Hart’s positivism, including the nature and role of conventions at the foundations of law and the methodology of philosophical jurisprudence.


The Force of Law by Frederick Schauer

The Force of Law
  • Title : The Force of Law
  • Author : Frederick Schauer
  • Publisher : Harvard University Press
  • ISBN Code : 0674967143
  • Pages : 255
  • Format : Pdf - ePub
  • Language : English
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Summary:

Many legal theorists maintain that laws are effective because we internalize them, obeying even when not compelled to do so. In a comprehensive reassessment of the role of force in law, Frederick Schauer disagrees, demonstrating that coercion, more than internalized thinking and behaving, distinguishes law from society’s other rules.


The Law of the Future and the Future of Law by Sam Muller,Stavros Zouridis,Morly Frishman,Laura Kistemaker

The Law of the Future and the Future of Law
  • Title : The Law of the Future and the Future of Law
  • Author : Sam Muller,Stavros Zouridis,Morly Frishman,Laura Kistemaker
  • Publisher : Torkel Opsahl Academic EPublisher
  • ISBN Code : 8293081805
  • Pages : 503
  • Format : Pdf - ePub
  • Language : English
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Summary:

Rights of robots, a closer collaboration between law and the health sector, the relation between justice and development - these are some of the topics covered in The Law of the Future and the Future of Law: Volume II. The central question is: how will law evolve in the coming years? This book gives you a rich array of visions on current legal trends. The readable think pieces offer indications of law's cutting edge. The book brings new material that is not available in the first volume of The Law of the Future and the Future of Law, published in June 2011. Among the authors in this volume are William Twining (Emeritus Quain Professor of Jurisprudence, University College London), David Eagleman (Director, Initiative on Neuroscience and Law), Hassane Cisse (Deputy General Counsel, The World Bank), Gabrielle Marceau (Counsellor, World Trade Organisation), Benjamin Odoki (Chief Justice, Republic of Uganda), Martijn W. Scheltema (Attorney at law, Pels Rijcken and Droogleever Fortuijn), Austin Onuoha (Founder, The Africa Centre for Corporate Responsibility), Lokke Moerel (Partner, De Brauw Blackstone Westbroek), S.I. Strong (Senior Fellow, Center for the Study of Dispute Resolution), Jan M. Smits (Chair of European Private Law, Maastricht University).


When Should Law Forgive? by Martha Minow

When Should Law Forgive?
  • Title : When Should Law Forgive?
  • Author : Martha Minow
  • Publisher : W. W. Norton
  • ISBN Code : 9780393531749
  • Pages : 256
  • Format : Pdf - ePub
  • Language : English
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Summary:

A towering and beloved figure in legal scholarship, Martha Minow explores the complicated intersection between law, justice, and forgiveness. Should law encourage individuals to forgive? And when should the courts, public officials, and specific laws forgive? With empathy and acumen, Minow acknowledges that there are certainly grounds for both individuals and societies to withhold forgiveness, but argues that there are also many places where letting go of justified grievances can make law more just, not less. Forgiveness does not change the past, but it does enlarge the future.


International Bibliography of Book Reviews of Scholarly Literature in the Humanities and Social Sciences 2008 by K. g. Saur

International Bibliography of Book Reviews of Scholarly Literature in the Humanities and Social Sciences 2008
  • Title : International Bibliography of Book Reviews of Scholarly Literature in the Humanities and Social Sciences 2008
  • Author : K. g. Saur
  • Publisher : De Gruyter Saur
  • ISBN Code : 9783598694295
  • Pages : 2952
  • Format : Pdf - ePub
  • Language : English
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Summary:

The IBR, published again since 1971 as an interdisciplinary, international bibliography of reviews, offers book reviews of literature dealing primarily with the humanities and social sciences published in 6,000 mainly European scholarly journals. This unique bibliography contains over 1.1 millions book reviews. 60,000 entries are added every year with details on the work reviewed and the review.


Pragmatism, Law, and Language by Graham Hubbs,Douglas Lind

Pragmatism, Law, and Language
  • Title : Pragmatism, Law, and Language
  • Author : Graham Hubbs,Douglas Lind
  • Publisher : Routledge
  • ISBN Code : 1135086036
  • Pages : 316
  • Format : Pdf - ePub
  • Language : English
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Summary:

This volume puts leading pragmatists in the philosophy of language, including Robert Brandom, in contact with scholars concerned with what pragmatism has come to mean for the law. Each contribution uses the resources of pragmatism to tackle fundamental problems in the philosophy of language, the philosophy of law, and social and political philosophy. In many chapters, the version of pragmatism deployed proves a fruitful approach to its subject matter; in others, shortcomings of the specific brand of pragmatism are revealed. The result is a clearer understanding of what pragmatism has meant and can mean across these tightly related philosophical areas. The book, then, is itself pragmatism in action: it seeks to clarify its unifying concept by examining the practices that centrally involve it.


Liberalism, Justice, and Markets by Colin M. Macleod,Colin Murray Macleod,Macleod, Colin Murray Macleod

Liberalism, Justice, and Markets
  • Title : Liberalism, Justice, and Markets
  • Author : Colin M. Macleod,Colin Murray Macleod,Macleod, Colin Murray Macleod
  • Publisher : Oxford University Press
  • ISBN Code : 9780198293972
  • Pages : 232
  • Format : Pdf - ePub
  • Language : English
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Summary:

This systematic critique of Ronald Dworkin's theory of liberal equality focuses on the highly influential theory of liberal equality, revealing the hazards and limitations of basing the central ideas of liberalism on the logic of the market.


The British National Bibliography by Arthur James Wells

The British National Bibliography
  • Title : The British National Bibliography
  • Author : Arthur James Wells
  • Publisher :
  • ISBN Code :
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Rule of Law, Legitimate Governance & Development in the Pacific by Iutisone Salevao

Rule of Law, Legitimate Governance & Development in the Pacific
  • Title : Rule of Law, Legitimate Governance & Development in the Pacific
  • Author : Iutisone Salevao
  • Publisher : ANU E Press
  • ISBN Code :
  • Pages : 195
  • Format : Pdf - ePub
  • Language : English
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Summary:

The notion that the rule of law embodies or guarantees all the essential requirements for a perfectly just society is extravagant and naive. That said, it is certainly the case that the rule of law remains an essential human virtue whose usefulness the world has yet to outgrow. Using the rule of law as a mobilizing theme, this book recasts Western theories of law, good governance, and development in a Pacific perspective. While the author works primarily within a legal analytical framework, he employs a multifaceted approach to address the challenge of making Western theories relevant to the concrete and normative contexts of the Pacific peoples, and to accommodate Pacific values, ideologies, structures, and practices within the modern discourse on law.


Law and Justice in Community by Garrett Barden,Tim Murphy

Law and Justice in Community
  • Title : Law and Justice in Community
  • Author : Garrett Barden,Tim Murphy
  • Publisher : Oxford University Press on Demand
  • ISBN Code : 0199592683
  • Pages : 284
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book is a statement of a general theory of law. In technical terms it is not a book about jurisprudence (the philosophy of law) but rather a book of jurisprudence; in other words it proposes a philosophy or theory of law. It provides answers to the questions, 'what is law?' and 'what is justice?', and it claims to do so in a better and more comprehensive way than existing theories. In answering these questions the book draws on sources that have addressedthese questions down through the ages: among the key influences, for example, are Roman law and the works of Aristotle, St Thomas Aquinas and Thomas Hobbes. These and many other sources are combined with additional analysis and ideas to propose a complete and fresh account of how 'law' and 'justice'should be understood.


Essays in Legal Philosophy by Eugenio Bulygin

Essays in Legal Philosophy
  • Title : Essays in Legal Philosophy
  • Author : Eugenio Bulygin
  • Publisher : Oxford University Press, USA
  • ISBN Code : 0198729367
  • Pages : 378
  • Format : Pdf - ePub
  • Language : English
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Summary:

Eugenio Bulygin is a distinguished representative of legal science and legal philosophy. His essays, several written together with Carlos E. Alchourron, reflect the genre familiar from Alf Ross's On Law and Justice, Hans Kelsen's Pure Theory of Law, and Georg Henrik von Wright's Norm and Action. Bulygin's wide-ranging interests include most of the topics found under the rubric of analytical jurisprudence - interpretation and judicial reasoning, validity and efficacy of law, legal positivism and the problem of normativity, completeness and consistency of the legal system, the nature of legal norms, and the role of deontic logic in the law.


The Oxford Handbook of Law and Politics by Keith E. Whittington,R. Daniel Kelemen,Gregory A. Caldeira

The Oxford Handbook of Law and Politics
  • Title : The Oxford Handbook of Law and Politics
  • Author : Keith E. Whittington,R. Daniel Kelemen,Gregory A. Caldeira
  • Publisher : OUP Oxford
  • ISBN Code : 0191615064
  • Pages : 832
  • Format : Pdf - ePub
  • Language : English
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Summary:

The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.


A Matter of Principle by Ronald Dworkin

A Matter of Principle
  • Title : A Matter of Principle
  • Author : Ronald Dworkin
  • Publisher : Harvard University Press
  • ISBN Code : 9780674554610
  • Pages : 425
  • Format : Pdf - ePub
  • Language : English
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Summary:

Essays examine the political basis of law, legal interpretation, economic factors in law, reverse discrimination, and censorship


Understanding Jurisprudence by Raymond Wacks

Understanding Jurisprudence
  • Title : Understanding Jurisprudence
  • Author : Raymond Wacks
  • Publisher : Oxford University Press, USA
  • ISBN Code :
  • Pages : 392
  • Format : Pdf - ePub
  • Language : English
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Summary:

The concept of law lies at the very heart of social and political life. Universal principles like justice, rights, and morality can not be fully understood without us thinking about the role that law plays and the purpose behind our legal systems and institutions. Understanding Jurisprudenceopens up these challenging concepts to provide an engaging introduction to legal theory. The book guides the reader through the intriguing nature of jurisprudence and explores the central ideas and theories that continue to be hotly debated to this day.An experienced teacher of jurisprudence and distinguished writer in the field, Raymond Wacks adopts an approach that is easy to follow and understand without avoiding any of the complexities and subtleties of the subject. Students of law, politics, philosophy, and other social sciences will findthis an ideal starting point in their study of legal theory.Online Resource CentreAn online resource centre provides:Web links to useful sitesQuestions and answersFurther reading, including links to journal articlesBroader discussion of issues raised in the textAnalysis of current controversies of a jurisprudential nature such as news events and political debatesTwo additional chapters providing tips and advice on the study of jurisprudenceA glossary of terms


The Defence of Natural Law by Charles Covell

The Defence of Natural Law
  • Title : The Defence of Natural Law
  • Author : Charles Covell
  • Publisher : Springer
  • ISBN Code : 134922359X
  • Pages : 279
  • Format : Pdf - ePub
  • Language : English
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Summary:

The Defence of Natural Law comprises a study of the philosophies of law expounded by Lon L. Fuller, Michael Oakeshott, F.A. Hayek, Ronald Dworkin and John Finnis. The work of these theorists is situated in relation to the modern tradition in legal philosophy. In this way, it is demonstrated that the theorists adhered closely to the natural law standpoint in legal philosophy, while also defending the particular view of the proper functions of law and the state that distinguished the tradition of modern liberalism.


Securing Constitutional Democracy by James E. Fleming,Professor of Law and the Honorable Frank R Kenison Distinguished Scholar in Law James E Fleming

Securing Constitutional Democracy
  • Title : Securing Constitutional Democracy
  • Author : James E. Fleming,Professor of Law and the Honorable Frank R Kenison Distinguished Scholar in Law James E Fleming
  • Publisher : University of Chicago Press
  • ISBN Code : 0226253430
  • Pages : 335
  • Format : Pdf - ePub
  • Language : English
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Summary:

Famously described by Louis Brandeis as "the most comprehensive of rights" and 'the right most valued by civilized men," the right of privacy or autonomy is more embattled during modern times than any other. Debate over its meaning, scope, and constitutional status is so widespread that it all but defines the post-1960s era of constitutional interpretation. Conservative Robert Bork called it "a loose canon in the law," while feminist Catharine MacKinnon attacked it as the “right of men to be left alone to oppress women.” Can a right with such prominent critics from across the political spectrum be grounded in constitutional law? In this book, James Fleming responds to these controversies by arguing that the right to privacy or autonomy should be grounded in a theory of securing constitutional democracy. His framework seeks to secure the basic liberties that are preconditions for deliberative democracy—to allow citizens to deliberate about the institutions and policies of their government—as well as deliberative autonomy—to enable citizens to deliberate about the conduct of their own lives. Together, Fleming shows, these two preconditions can afford everyone the status of free and equal citizenship in our morally pluralistic constitutional democracy.


Jurisprudence by Scott Veitch,Emilios Christodoulidis,Marco Goldoni

Jurisprudence
  • Title : Jurisprudence
  • Author : Scott Veitch,Emilios Christodoulidis,Marco Goldoni
  • Publisher : Routledge
  • ISBN Code : 1136312536
  • Pages : 306
  • Format : Pdf - ePub
  • Language : English
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Summary:

Jurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is presented in three parts each of which contains General Themes, Advanced Topics, tutorial questions and guidance on further reading: Law and Politics, locating the place of law within the study of institutions of government Legal Reasoning, examining the contested nature of the application of law Law in Modernity, exploring the social forces that shape legal development. This second edition includes enhanced discussion of the rise of legal positivism within the context of the rise of the modern state, the changing role of natural and human rights discourse, concepts of justice in and beyond the nation state, the impact of emergency doctrines in contemporary legal regulation, and challenges to the rule of law in light of shifting and competing demands for new types of social solidarity. Accessible, interdisciplinary, and socially informed this book has been revised to take into account the latest developments in jurisprudential scholarship.


The Problematics of Moral and Legal Theory by Richard A. Posner

The Problematics of Moral and Legal Theory
  • Title : The Problematics of Moral and Legal Theory
  • Author : Richard A. Posner
  • Publisher : Harvard University Press
  • ISBN Code : 9780674042230
  • Pages : 336
  • Format : Pdf - ePub
  • Language : English
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Summary:

Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.