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Taking Rights Seriously PDF
By:Ronald Dworkin
Published on 2013-10-21 by A&C Black

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.

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Book which was published by A&C Black since 2013-10-21 have ISBNs, ISBN 13 Code is 9781780938332 and ISBN 10 Code is 1780938330

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Law, Interpretation and Reality PDF
By:P.J. Nerhot
Published on 2013-04-17 by Springer Science & Business Media

PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.

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Book which was published by Springer Science & Business Media since 2013-04-17 have ISBNs, ISBN 13 Code is 9789401578752 and ISBN 10 Code is 9401578753

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The American Revolution In the Law PDF
By:Shannon C. Stimson
Published on 2014-07-14 by Princeton University Press

In 1773 John Adams observed that one source of tension in the debate between England and the colonies could be traced to the different conceptions each side had of the terms |legally| and |constitutionally|--different conceptions that were, as Shannon Stimson here demonstrates, symptomatic of deeper jurisprudential, political, and even epistemological differences between the two governmental outlooks. This study of the political and legal thought of the American revolution and founding period explores the differences between late eighteenth-century British and American perceptions of the judicial and jural power. In Stimson's book, which will interest both historians and theorists of law and politics, the study of colonial juries provides an incisive tool for organizing, interpreting, and evaluating various strands of American political theory, and for challenging the common assumption of a basic unity of vision of the roots of Anglo-American jurisprudence. The author introduces an original concept, that of |judicial space,| to account for the development of the highly political role of the Supreme Court, a judicial body that has no clear counterpart in English jurisprudence. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

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Two Books of the Elements of Universal Jurisprudence PDF
By:Samuel Freiherr von Pufendorf
Published on 2009-02-27 by

This was Pufendorf's first work, published in 1660. Its appearance effectively inaugurated the modern natural-law movement in the German-speaking world. The work also established Pufendorf as a key figure and laid the foundations for his major works, which were to sweep across Europe and North America. Pufendorf rejected the concept of natural rights as liberties and the suggestion that political government is justified by its protection of such rights, arguing instead for a principled limit to the state's role in human life.

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Book which was published by since 2009-02-27 have ISBNs, ISBN 13 Code is 9780865976191 and ISBN 10 Code is 0865976198

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The Common Law and English Jurisprudence, 1760-1850 PDF
By:Michael Lobban
Published on 1991 by Oxford University Press on Demand

Questioning accepted views of common law, this book attempts to clarify the nature of common-law practice and the way in which it was envisaged by its practitioners. It asserts that attempts--notably those by Blackstone and Bentham--to expound or criticize common law in essentially theoretical terms were mistaken, and examines the evolution and spread of judicial ideas which were grounded upon the work of moral and political philosophers. Covering important philosophical and political debates of the time and the development of legal theory over a period of 70 years, The Common Law and English Jurisprudence makes a valuable corrective contribution to our understanding of this critical period in English legal history.

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Institutes of Divine Jurisprudence PDF
By:Christian Thomasius
Published on 2011 by Liberty Fund

Christian Thomasius’s natural jurisprudence is essential to understanding the origins of the Enlightenment in Germany, where his importance was comparable to that of John Locke’s in England. First published in 1688, Thomasius’s Institutionum jurisprudentiae divinae (Institutes of Divine Jurisprudence) attempted to draw a clear distinction between natural and revealed law and to emphasize that human reason was able to know the precepts of natural law without the aid of Scripture. Thomasius also argued that his orthodox Lutheran opponents had failed to understand this distinction and thereby had confused reason and Scripture. In addition to the Institutes of Divine Jurisprudence, this volume contains significant selections from his Fundamenta juris naturae et gentium (Foundations of the Law of Nature and Nations), published in 1705. In Foundations Thomasius significantly revised the theory he had put forward in the Institutes, and much of the Foundations therefore is a paragraph-by-paragraph commentary on his earlier ideas. These works are a companion to Thomasius’s Essays on Church, State, and Politics, and together they provide the first-ever English presentation of this preeminent German thinker. Christian Thomasius (1655-1728) was a German philosopher and legal theorist. He was a cofounder of the University of Halle, where he was also a professor. Thomas Ahnert is a Senior Lecturer in History at the University of Edinburgh. Knud Haakonssen is Professor of Intellectual History at the University of Sussex, England.

This Book was ranked at 2 by Google Books for keyword Jurisprudence.

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The Concept of a Philosophical Jurisprudence PDF
By:Michael Oakeshott
Published on 2011-10-26 by Andrews UK Limited

This volume brings together for the first time over a hundred of Oakeshott’s essays and reviews, written between 1926 and 1951, that until now have remained scattered through a variety of scholarly journals, periodicals and newspapers. A new editorial introduction explains how these pieces, including the lengthy essay on the philosophical nature of jurisprudence that occupies an important position in Oakeshott’s work, illuminate his other published writings. The collection throws new light on the context of his thought by placing him in dialogue with a number of other major figures in the humanities and social sciences during this period, including Leo Strauss, A.N. Whitehead, Karl Mannheim, Herbert Butterfield, E.H. Carr, Gilbert Ryle, and R.G. Collingwood.

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Pragmatism, Law, and Language PDF
By:Graham Hubbs,Douglas Lind
Published on 2013-11-12 by Routledge

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.

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Book which was published by Routledge since 2013-11-12 have ISBNs, ISBN 13 Code is 9781135086039 and ISBN 10 Code is 1135086036

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A Treatise of Legal Philosophy and General Jurisprudence PDF
By:Gerald J. Postema
Published on 2011-08-05 by Springer Science & Business Media

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.

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Philosophy of Law PDF
By:Jeffrey Brand
Published on 2013-11-21 by A&C Black

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.

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Natural Law in Jurisprudence and Politics PDF
By:Mark C. Murphy
Published on 2006-03-13 by Cambridge University Press

Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. In this 2006 book, Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for natural law political philosophy, demonstrating how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural law jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment.

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Book which was published by Cambridge University Press since 2006-03-13 have ISBNs, ISBN 13 Code is 9781107320925 and ISBN 10 Code is 1107320925

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