Legal Positivism

Legal Positivism
Title Legal Positivism PDF eBook
Author Samuel I. Shuman
Publisher Detroit : Wayne University Press
Pages 280
Release 1963
Genre Law
ISBN

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Philosophy of Law

Philosophy of Law
Title Philosophy of Law PDF eBook
Author Raymond Wacks
Publisher Oxford University Press
Pages 169
Release 2014-02
Genre Law
ISBN 0199687005

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Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy.

ABA Journal

ABA Journal
Title ABA Journal PDF eBook
Author
Publisher
Pages 94
Release 1964-03
Genre
ISBN

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The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.

The Cambridge Companion to Legal Positivism

The Cambridge Companion to Legal Positivism
Title The Cambridge Companion to Legal Positivism PDF eBook
Author Torben Spaak
Publisher Cambridge University Press
Pages 807
Release 2021-02-04
Genre Law
ISBN 1108427677

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The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.

Legality

Legality
Title Legality PDF eBook
Author Scott J. Shapiro
Publisher Harvard University Press
Pages 483
Release 2013-09-02
Genre Science
ISBN 067426729X

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What is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H. L. A. Hart. Yet many others find it perplexing. How could we possibly know how to answer such an abstract question? And what would be the point of doing so? In Legality, Scott Shapiro argues that the question is not only meaningful but vitally important. In fact, many of the most pressing puzzles that lawyers confront—including who has legal authority over us and how we should interpret constitutions, statutes, and cases—will remain elusive until this grand philosophical question is resolved. Shapiro draws on recent work in the philosophy of action to develop an original and compelling answer to this age-old question. Breaking with a long tradition in jurisprudence, he argues that the law cannot be understood simply in terms of rules. Legal systems are best understood as highly complex and sophisticated tools for creating and applying plans. Shifting the focus of jurisprudence in this way—from rules to plans—not only resolves many of the most vexing puzzles about the nature of law but has profound implications for legal practice as well. Written in clear, jargon-free language, and presupposing no legal or philosophical background, Legality is both a groundbreaking new theory of law and an excellent introduction to and defense of classical jurisprudence.

A Sociological Theory of Law

A Sociological Theory of Law
Title A Sociological Theory of Law PDF eBook
Author Niklas Luhmann
Publisher Routledge
Pages 480
Release 2013-10-30
Genre Law
ISBN 1135142637

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Niklas Luhmann is recognised as a major social theorist, and his treatise on the sociology of law is a classic text. For Luhmann, law provides the framework of the state, lawyers are the main human resource for the state, and legal theory provides the most suitable base from which to theorize on the nature of society. He explores the concept of law in the light of a general theory of social systems, showing the important part law plays in resolving fundamental problems a society may face. He then goes on to discuss in detail how modern 'positive' – as opposed to ‘natural’ – law comes to fulfil this function. The work as a whole is not only a contribution to legal sociology, but a major work in social theory. With a revised translation, and a new introduction by Martin Albrow.

Rights and Private Law

Rights and Private Law
Title Rights and Private Law PDF eBook
Author Donal Nolan
Publisher Bloomsbury Publishing
Pages 582
Release 2011-12-02
Genre Law
ISBN 1847317898

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In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.