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A Life Of H L A Hart

Author : Nicola Lacey
ISBN : UCSC:32106018345444
Genre : Biography & Autobiography
File Size : 31. 82 MB
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Shortlisted for the 2005 British Academy Book prize, Nicola Lacey's entrancing biography recounts the life of H.L.A. Hart, the pre-eminent legal philosopher of the twentieth century. Following Hart's life from modest origins as the son of Jewish tailor parents in Yorkshire to worldwide fameas the most influential English-speaking legal theorist of the post-War era, the book traces his successive metamorphoses; from Yorkshire schoolboy to Oxford scholar, from government intelligence officer to Professor of Jurisprudence, from awkward batchelor to family figurehead.In the tradition of Ray Monk's biography of Wittgenstein, Nicola Lacey paints an absorbing picture of intellectual and psychological development, of a mind struggling to cope with intellectual self-doubt, uncertain sexuality, a difficult marriage and an anti-semitic society. In depicting theevolution of Hart's life and mind, Lacey provides a vivid recreation of both the intellectual and social climate of Oxford in the post-War era.

Reading Hla Hart S The Concept Of Law

Author : Luís Duarte d'Almeida
ISBN : 9781782252160
Genre : Law
File Size : 85. 38 MB
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More than 50 years after it was first published, The Concept of Law remains the most important work of legal philosophy in the English-speaking world. In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book. Unique in format, the volume proceeds sequentially through all the main ideas in The Concept of Law: each contributor addresses a single chapter of Hart's book, critically discussing its arguments in light of subsequent developments in the field. Four concluding essays assess the continued relevance for jurisprudence of the 'persistent questions' identified by Hart at the beginning of The Concept of Law. The collection also includes Hart's 'Answers to Eight Questions', written in 1988 and never before published in English. Contributors include Timothy Endicott, Richard HS Tur, Pavlos Eleftheriadis, John Gardner, Grant Lamond, Nicos Stavropoulos, Leslie Green, John Tasioulas, Jeremy Waldron, John Finnis, Frederick Schauer, Pierluigi Chiassoni and Nicola Lacey.

H L A Hart

Author : Matthew H. Kramer
ISBN : 9781509520749
Genre : Philosophy
File Size : 75. 42 MB
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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.

The Legacy Of H L A Hart

Author : Matthew Kramer
ISBN : 9780191562273
Genre : Law
File Size : 67. 49 MB
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This book is the product of a major British Academy Symposium held in 2007 to mark the centenary of the birth of H.L.A. Hart, the most important legal philosopher and one of the most important political philosophers of the twentieth century. The book brings together contributions from seventeen of the world's foremost legal and political philosophers who explore the many subjects in which Hart produced influential work. Each essay engages in an original analysis of philosophical problems that were tackled by Hart, some essays including extended critical discussions of his major works: The Concept of Law, Punishment and Responsibility, Causation in the Law and Law, Liberty and Morality. All the main topics of Hart's philosophical writings are featured: general jurisprudence and legal positivism; criminal responsibility and punishment; theories of rights; toleration and liberty; theories of justice; and causation in the law.

Criminalization

Author : R A Duff
ISBN : 9780191043369
Genre : Law
File Size : 38. 71 MB
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The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The fourth book in the series examines the political morality of the criminal law, exploring general principles and theories of criminalization. Chapters provide accounts of the criminal law in the light of ambitious theories about moral and political philosophy - republicanism and contractarianism, or reflect upon on the success of important theories of criminalization by viewing them in a novel light. Ideas that are fundamental to any complete theory of the criminal law - liberty, harm, and the effect on victims - are investigated in depth. Sociological investigation of the criminal law grounds a critical investigation into the principles of criminalization, both as a legislative matter, and with respect to criminalization practices, in contemporary and historical contexts. The volume broadens our conceptions of the theory of criminalization, and clarifies the role of the series in the development of this theory. It is essential reading for all interested in legal, political, and social theories of criminalization.

Forms Liberate

Author : Kristen Rundle
ISBN : 9781847319371
Genre : Law
File Size : 64. 52 MB
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Lon L Fuller's account of what he termed 'the internal morality of law' is widely accepted as the classic twentieth century statement of the principles of the rule of law. Much less accepted is his claim that a necessary connection between law and morality manifests in these principles, with the result that his jurisprudence largely continues to occupy a marginal place in the field of legal philosophy. In 'Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller', Kristen Rundle offers a close textual analysis of Fuller's published writings and working papers to explain how his claims about the internal morality of law belong to a wider exploration of the ways in which the distinctive form of law introduces meaningful limits to lawgiving power through its connection to human agency. By reading Fuller on his own terms, 'Forms Liberate' demonstrates why his challenge to a purely instrumental conception of law remains salient for twenty-first century legal scholarship.

Foundational Texts In Modern Criminal Law

Author : Markus D Dubber
ISBN : 9780191654626
Genre : Law
File Size : 45. 91 MB
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Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.

The Four Lacanian Discourses

Author : Jeanne Lorraine Schroeder
ISBN : 9781134039722
Genre : Law
File Size : 41. 93 MB
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This book proposes a taxonomy of jurisprudence and legal practice, based on the discourse theory of Jacques Lacan. In the anglophone academy, the positivist jurisprudence of H.L.A. Hart provides the most influential account of law. But just as positivism ignores the practice of law by lawyers, even within the academy, the majority of professors are also not pursuing Hart's positivist project. Rather, they are engaged in policy-oriented scholarship - that tries to explain law in terms of society's collective goals - or in doctrinal legal scholarship - that does not try to describe what law is, or to supply justifications for it - but which examines the 'internal' logic of law. Lacan's discourse theory has the power to differentiate the various roles of the practicing lawyer and the legal scholar. It is also able to explain the striking lack of communication between diverse schools of legal scholarship and between legal academia and the legal profession. Although extremely influential in Europe and South America, Lacanian theory remains largely unexplored (in the English-speaking world) outside of the field of comparative literature. In taking up the jurisprudential ramifications of Lacan's work, The Four Lacanian Discourses thus constitutes an original contribution to current theoretical and practical understandings of law.

The Cultural Politics Of Analytic Philosophy

Author : Thomas L. Akehurst
ISBN : 9781441109842
Genre : Philosophy
File Size : 46. 81 MB
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The Cultural Politics of Analytic Philosophy examines three generations of analytic philosophers, who between them founded the modern discipline of analytic philosophy in Britain. The book explores how philosophers such as Bertrand Russell, A.J. Ayer, Gilbert Ryle and Isaiah Berlin believed in a link between German aggression in the twentieth century and the nineteenth-century philosophy of Hegel and Nietzsche. Thomas L. Akehurst thus identifies in this political critique of continental philosophy the origins of the hugely significant faultline between analytic and continental thought, an aspect of twentieth-century philosophy that is still poorly understood. The book also uncovers a tripartite alliance in British analytic philosophy, between nation, political virtue and philosophical method. In revealing this structure behind the assumptions of certain analytical thinkers, Akehurst challenges the conventional wisdom that sees analytic philosophy as a semi-detached narrowly academic pursuit. On the contrary, this important book suggests that the analytic philosophers were espousing a national philosophy, one they believed operated in harmony with British thinking and the British values of liberty and tolerance.

Philosophy Of Law

Author : Raymond Wacks
ISBN : 9780199687008
Genre : Law
File Size : 24. 31 MB
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The concept of law lies at the heart of our social and political life, shaping the character of our community and underlying issues from racism and abortion to human rights and international war. The revised edition of this Very Short Introduction examines the central questions about law's relation to justice, morality, and democracy.

Criminal Enterprise

Author : Christopher Harding
ISBN : 9781134037667
Genre : Social Science
File Size : 90. 66 MB
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This is a study of agency in the field of criminal liability, considering the respective roles of individuals and organisations and the allocation of criminal responsibility to these different kinds of actor. The issue of criminal responsibility, which is informed by both the sociological analysis of conduct and by ethical considerations of responsibility, provides an important and revealing focus for discussion. Criminal Enterprise analyses criminal responsibility through three main types of organisation: corporate actors in the field of business activity, states and governments, and delinquent or criminal organisations; each of which is of contemporary significance. This analysis focuses on three particular issues: the theory of individual and corporate (or organisational) responsibility the attribution of legal personality, as a particular form of identity, in theory and across jurisdictions and legal orders the internal practice and operation of complex organisations and corporate actors and how an understanding of this sociology of organisations should be used in the construction of legal agency in the field of criminal law.

Maccormick S Scotland

Author : Neil Walker
ISBN : 9780748649303
Genre : Law
File Size : 53. 74 MB
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A Gedenkschrift to one of Scotland's most prominent jurists and legal thinkers.

The Theory Of Rules

Author : Karl N. Llewellyn
ISBN : 9780226487953
Genre : Law
File Size : 73. 15 MB
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Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn’s thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are “pretty playthings.” Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules. This book frames the development of Llewellyn’s thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law’s larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn’s writings and will prove a valuable contribution to the existing literature on legal realism.

The Concept Of Law From A Transnational Perspective

Author : Dr Detlef von Daniels
ISBN : 9781409497134
Genre : Law
File Size : 36. 94 MB
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This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The work uses a legal model to explore the underlying question of how the current phenomena of transnational law are best understood, in combination with an examination of the traditions of Jürgen Habermas's critical theory and H.L.A. Hart's analytic jurisprudence. This leads the author to conclude that the key to a fruitful dialogue and comprehensive understanding is to appreciate that the concept of law is not state-cantered and must reflect relationships to other legal systems.

Philosophy Of Law A Very Short Introduction

Author : Raymond Wacks
ISBN : 9780191510649
Genre : Law
File Size : 23. 10 MB
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The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

The Concept Of Rights

Author : George W. Rainbolt
ISBN : 9781402039775
Genre : Philosophy
File Size : 71. 47 MB
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What does it mean to have a right? Previous answers to this question fall into two groups: interest/benefit theories of rights and choice/will theories. This book proposes an alternative to these traditional views: the justified-constraint theory of rights, which avoids the pitfalls of earlier theories, and solves the puzzle of the relational nature of rights. The analysis shows that this theory applies without modification to past, present and future beings.

On The History Of The Idea Of Law

Author : Shirley Robin Letwin
ISBN : 1139448498
Genre : Political Science
File Size : 28. 33 MB
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On the History of the Idea of Law is the first book ever to trace the development of the philosophical theory of law from its first appearance in Plato's writings to today. Professor Letwin finds important and positive insights and tensions in the theories of Plato, Aristotle, Augustine, and Hobbes. She finds confusions and serious errors introduced by Cicero, Aquinas, Bentham, and Marx. She harnesses the insights of H. L. A. Hart and especially Michael Oakeshott to mount a devastating attack on the late twentieth-century theories of Ronald Dworkin, the Critical Legal Studies movement, and feminist jurisprudence. In all of this, Professor Letwin finds the rule of law to be the key to modern liberty and the standard of justice. This is the final work of the distinguished historian and theorist Shirley Robin Letwin, a major figure in the revival of Conservative thought and doctrine from 1960 onwards, who died in 1993.

Faith And The Life Of Reason

Author : Y. King-Farlow
ISBN : 9789401029100
Genre : Philosophy
File Size : 32. 86 MB
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This book brings together ideas and materials which we have discussed together over the years as friends and colleagues. We draw on four papers published by us both as co-authors and on several more papers published by King-Farlow alone. We wish to thank the editors and publishers of the following journals for permission to make use of matter or points which have appeared in their pages in the years indicated: The Philosophical Quarterly (1957, 1962, 1971); The Thomist (1958, 1971, 1972); The Inter national Philosophical Quarterly (1962); Theoria (1963); The Southern Journal of Philosophy (1963); Sophia (1965, 1967, 1969,1971); Philosoph ical Studies of Eire (1968, 1970, 1971); Philosophy and Phenomenological Research (1968); Analysis (1970); Religious Studies (Cambridge University Press, 1971; we acknowledge a debt to H. D. Lewis, Editor, on page 20). This book is not, however, a collection of reprinted articles. It is a continuous work which deals with a vital cluster of problems in the philosophy of religion. In this work we attempt to utilize both our earlier thoughts, often considerably revised, and our very recent ones in order to argue for the good sense and rationality of making certain strong forms of commitment to some basic elements of primary wisdom in the Judaeo Christian tradition. While pursuing the investigations which have led to the writing of this book we have found ourselves becoming indebted to many individuals and institutions.

Family Law And Personal Life

Author : John Eekelaar
ISBN : 9780199213825
Genre : Law
File Size : 72. 12 MB
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How should our most intimate personal relationships be governed in a liberal society? Should the state encourage a particular model of family life, or support individuals in their pursuit of personal happiness? To what extent do people have the right to shape the lives of their offspring? This book examines the questions at the heart of family law, rethinking the ideas that shape our understanding of the family as a social unit, its purpose, and the obligations and rights that belong to family members. The book explores how the governance of personal relationships has depended on the exercise of power, from the traditional assumptions of patriarchy, where the male head of the family enjoyed full control over his dependents and descendents, to the ideology of welfarism, where state institutions protect the interests of the vulnerable at the expense of their close relations. Emerging from these conflicting ideologies comes today's rights-based culture, where traditional expectations for behavior within a family sit within a new emphasis on the ability of minorities and traditional dependents to determine the shape of their own lives. Against this background of shifting power relations, the book explores the inter-relationship between the legal regulation of people's personal lives and the values of friendship, truth, respect and responsibility. In doing this, a variety of controversial issues are examined in the light of those values: including the legal regulation of gay and unmarried heterosexual relationships; freedom of procreation; state supervision over the exercise of parenthood; the role of fault in divorce law; the way parenthood is allocated; the rights and responsibilities of parents to control their children; the place of religion in the family; the rights of separated partners regarding property and of separated parents regarding their children. Throughout, the book offers a new picture of the intimacy at the center of personal relationships and argues that only by understanding this intimacy, and its role in human happiness, can we arrive at a true framework for respecting, and governing, the personal lives of other people.

The Sanctity Of Life And The Criminal Law

Author : Dennis J. Baker
ISBN : 9781107020474
Genre : Law
File Size : 78. 56 MB
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Fourteen essays on major theoretical issues in contemporary criminal law and medical law ethics.

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