the rule of rules morality rules and the dilemmas of law e duke books scholarly collection

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The Rule Of Rules

Author : Larry Alexander
ISBN : 9780822380023
Genre : Law
File Size : 36. 67 MB
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Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules—and hence laws—are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In The Rule of Rules Larry Alexander and Emily Sherwin examine this dilemma. Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to “legal principles.” In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion. Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules.

A Treatise Of Legal Philosophy And General Jurisprudence

Author : Enrico Pattaro
ISBN : 9781402035050
Genre : Philosophy
File Size : 23. 95 MB
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This paperback edition of the first of the twelve volumes of A Treatises of Legal Philosophy and General Jurisprudence, serves as an introduction to the first-ever multivolume treatment of all important issues in legal philosophy and general jurisprudence, consisting of a five-volume theoretical part and a six-volume historical part. The theoretical part covers the main topics of contemporary debate. The historical volumes trace the development of legal thought from ancient Greek times through the twentieth century. All volumes are edited by the renowned theorist Enrico Pattaro.

Crime And Culpability

Author : Larry Alexander
ISBN : 9780521518772
Genre : Law
File Size : 75. 20 MB
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This book presents a comprehensive theory of a culpability-based criminal law.

Reasons And Intentions In Law And Practical Agency

Author : George Pavlakos
ISBN : 9781107070721
Genre : Law
File Size : 47. 92 MB
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A collection of new essays on the interplay between intentions and practical reasons in law and practical agency.

Michigan Law Review

Author :
ISBN : UOM:39015055369717
Genre : Law reviews
File Size : 44. 70 MB
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Forthcoming Books

Author : Rose Arny
ISBN : UOM:39015058394233
Genre : American literature
File Size : 72. 56 MB
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Humanitarian Intervention

Author : J. L. Holzgrefe
ISBN : 052152928X
Genre : Law
File Size : 30. 95 MB
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An interdisciplinary approach to humanitarian intervention by experts in law, politics, and ethics.

James M Buchanan

Author : Richard E. Wagner
ISBN : 9783030030803
Genre :
File Size : 76. 80 MB
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Bowker S Law Books And Serials In Print

Author :
ISBN : IND:30000043360803
Genre : Law
File Size : 77. 66 MB
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Current Law Index

Author :
ISBN : STANFORD:36105060756116
Genre : Law
File Size : 44. 1 MB
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