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Author: Thom Brooks Publisher: BRILL ISBN: 9004262938 Category : Philosophy Languages : en Pages : 348
Book Description
What is the relation between law and democracy and how might it be improved? What values should inform the body of laws that govern us all? How should we determine crimes from non-crimes? What justifies state punishment, if anything? Law and Legal Theory brings together some of the most important essays in the area of the philosophy of law written by leading, international scholars and offering significant contributions to how we understand law and legal theory to help shape future debates. Contributors include Christopher Bennett, Samantha Besson, Thom Brooks, Brian Butler, Sean Coyle, Rowan Cruft, Leonard Kahn, Richard Lippke, Andrew March, Matt Matravers, Adina Preda, Maria Cristina Redondo, Hanoch Sheinman and Leo Zaibert.
Author: Thom Brooks Publisher: BRILL ISBN: 9004262938 Category : Philosophy Languages : en Pages : 348
Book Description
What is the relation between law and democracy and how might it be improved? What values should inform the body of laws that govern us all? How should we determine crimes from non-crimes? What justifies state punishment, if anything? Law and Legal Theory brings together some of the most important essays in the area of the philosophy of law written by leading, international scholars and offering significant contributions to how we understand law and legal theory to help shape future debates. Contributors include Christopher Bennett, Samantha Besson, Thom Brooks, Brian Butler, Sean Coyle, Rowan Cruft, Leonard Kahn, Richard Lippke, Andrew March, Matt Matravers, Adina Preda, Maria Cristina Redondo, Hanoch Sheinman and Leo Zaibert.
Author: T. Ian McLeod Publisher: ISBN: Category : Law Languages : en Pages : 268
Book Description
Assuming no prior knowledge of philosophy, Legal Theory examines the relationship between law and morality, and places particular emphasis on matters of contemporary debate, such as assisted suicide and animal rights. --Book Jacket.
Author: Brian Bix Publisher: Oxford University Press, USA ISBN: Category : Law Languages : en Pages : 248
Book Description
Modern legal theory contains a wide range of approaches and topics: from economic analysis of law to feminist legal theory to traditional analytical legal philosophy to a range of theories about justice. This healthy variety of jurisprudential work has created a problem: students and theorists working in one tradition may have difficulty understanding the concepts and terminology of a different tradition. This book works to make terminology and ways of thinking accessible. This dictionary covers topics from the 'autonomy of law' to the 'will theory of rights', from 'autopoiesis' to 'wealth maximization', and from 'John Austin' to 'Ludwig Wittgenstein'. The most important concepts and ideas are presented in a simple dictionary format. There are also many longer entries, where the initial definition gives an accessible explanation, but the entry goes on to give more detailed information about the history of an idea and the debates currently surrounding it.
Author: Julie Dickson Publisher: Bloomsbury Publishing ISBN: 1847313086 Category : Law Languages : en Pages : 161
Book Description
If Raz and Dworkin disagree over how law should be characterised,how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover, what is it that makes an account of law successful? Evaluation and Legal Theory tackles methodological or meta-theoretical issues such as these, and does so via attempting to answer the question: to what extent, and in what sense, must a legal theorist make value judgements about his data in order to construct a successful theory of law? Dispelling the obfuscatory myth that legal positivism seeks a 'value-free' account of law, the author attempts to explain and defend Joseph Razs position that evaluation is essential to successful legal theory, whilst refuting John Finnis and Ronald Dworkins contentions that the legal theorist must morally evaluate and morally justify the law in order to properly explain its nature. The book does not claim to solve the many mysteries of meta-legal theory but does seek to contribute to and engender rigorous and focused debate on this topic.
Author: Hanoch Dagan Publisher: Edward Elgar Publishing ISBN: 1788971620 Category : Law Languages : en Pages : 520
Book Description
This comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law.
Author: Dennis Patterson Publisher: John Wiley & Sons ISBN: 1444320122 Category : Law Languages : en Pages : 704
Book Description
The articles in this new edition of A Companion to Philosophy ofLaw and Legal Theory have been updated throughout, and theaddition of ten new articles ensures that the volume continues tooffer the most up-to-date coverage of current thinking inlegal philosophy. Represents the definitive handbook of philosophy of law andcontemporary legal theory, invaluable to anyone with an interest inlegal philosophy Now features ten entirely new articles, covering the areas ofrisk, regulatory theory, methodology, overcriminalization,intention, coercion, unjust enrichment, the rule of law, law andsociety, and Kantian legal philosophy Essays are written by an international team of leadingscholars
Author: R. H. Helmholz Publisher: Harvard University Press ISBN: 0674504615 Category : Law Languages : en Pages : 246
Book Description
Natural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.
Author: M. Sellers Publisher: Springer ISBN: 0230513409 Category : Political Science Languages : en Pages : 200
Book Description
Republican legal theory developed out of the jurisprudential and constitutional legacy of the Roman res publica as interpreted over two millennia in Europe and North America. In this book - the most comprehensive study of republican legal ideas to date - Professor Sellers traces the development of republican legal theory. Explaining the importance of popular sovereignty, the rule of law, the separation of powers and other essential republican legal characteristics, he argues that these republican institutions have introduced a new era of justice into politics.
Author: Martha E. Chamallas Publisher: Aspen Publishing ISBN: 1454831294 Category : Law Languages : en Pages : 732
Book Description
The leading text in the field, Introduction to Feminist Legal Theory was the first book that served as an introductory survey of feminist jurisprudence. Its historical view of feminist legal theory places issues in social context and thoroughly reviews the evolving paradigms of contemporary feminism from the 1970s through the present. The full range of legal issues affecting women are covered, including gender discrimination, rape, sexual harassment, motherhood, reproductive issues, and much more. Clear, energetic presentation keeps students engaged and involved with succinct overviews, intellectually stimulating material, and jargon-free prose. The Third Edition features up-to-date theories and topics, such as the "autonomy" feminism and "masculinities" theory. Expansion of the current theory-based structure includes the "big three" feminisms described in the previous edition and the "new three" feminisms, which are expanded in the third edition. New applied areas are covered as well, such as transgender legal issues and sex trafficking. While the book remains U.S.-focused, important new material on global and comparative feminism has been added. Throughout the text, students will find discussion about changes in the law since 2003 on issues such as rape, pay equity, sex stereotyping, marriage equality, Title IX, and more. Thoroughly updated, the revised Third Edition presents: Up-to-date theories and topics "autonomy" feminism, "masculinities" theory, "social justice" feminism LGBT and critical race perspectivesa Two-part organization, focusing on chronology and substantive areas of the law that are of particular importance to feminist legal scholars Part one focuses on chronology by examining the three generations of feminist legal theory that have emerged since 1971 the Generation of Equality (1970s) the Generation of Difference (1980s) the Generation of Complex Identities (1990s to present) this part will also include the "new three" feminisms in the 3rd edition (intersectional, autonomy and postmodern feminism) Part two focuses on substantive areas of the law, which fall into three categories economic subordination of women sexual subordination of women motherhood and reproduction Introduction of new applied areas transgender legal issues sex trafficking reproductive justice More material on global and comparative feminism, while remaining U.S.-focused Discussion of changes in the law since 2003 rape domestic violence pay equity torts and tax law same-sex marriage Title IX, and more
Author: Thom Brooks
Author: Thom Brooks
Author: T. Ian McLeod
Author: Brian Bix
Author: Julie Dickson
Author: Hanoch Dagan
Author: Dennis Patterson
Author: R. H. Helmholz
Author: M. Sellers
Author: William L. Twining
Author: Martha E. Chamallas