The Legal Relation

Legal Theory after Legal Positivism

Author: Alexander Somek

Publisher: Cambridge University Press

ISBN: 1107198011

Category: Law

Page: 208

View: 5027

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What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another. We do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insight. In a legal context, we are cast as "character masks" (Marx), for example, as "buyer" and "seller" or "landlord" and "tenant". We expect to have our claims respected simply because the law has given us rights. We do not want to give any other reason for our behavior than the fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism.
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Legal Positivism in a Global and Transnational Age

Author: Luca Siliquini-Cinelli

Publisher: Springer Nature

ISBN: 3030247058

Category: Law

Page: 312

View: 5986

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A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.
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Understanding Jurisprudence

An Introduction to Legal Theory

Author: Raymond Wacks

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Law

Page: 392

View: 5381

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The concept of law lies at the very heart of social and political life. Universal principles like justice, rights, and morality can not be fully understood without us thinking about the role that law plays and the purpose behind our legal systems and institutions. Understanding Jurisprudenceopens up these challenging concepts to provide an engaging introduction to legal theory. The book guides the reader through the intriguing nature of jurisprudence and explores the central ideas and theories that continue to be hotly debated to this day.An experienced teacher of jurisprudence and distinguished writer in the field, Raymond Wacks adopts an approach that is easy to follow and understand without avoiding any of the complexities and subtleties of the subject. Students of law, politics, philosophy, and other social sciences will findthis an ideal starting point in their study of legal theory.Online Resource CentreAn online resource centre provides:Web links to useful sitesQuestions and answersFurther reading, including links to journal articlesBroader discussion of issues raised in the textAnalysis of current controversies of a jurisprudential nature such as news events and political debatesTwo additional chapters providing tips and advice on the study of jurisprudenceA glossary of terms
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A New Introduction to Comparative Law

Author: Jaakko Husa

Publisher: Bloomsbury Publishing

ISBN: 1849469512

Category: Law

Page: 272

View: 8690

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This thought-provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as a common sense guide to the study of foreign legal systems. It is written in a lively and accessible style and will prove indispensable reading to students of the subject. It also contains much that will be of interest to comparative law scholars, offering novel insights into commonplace methodological and theoretical questions and making a significant contribution to the field.
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Hegel's Political Philosophy: A Systematic Reading of the Philosophy of Right

A Systematic Reading of the Philosophy of Right

Author: Thom Brooks

Publisher: Edinburgh University Press

ISBN: 074864511X

Category: Philosophy

Page: 288

View: 6978

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A new edition of the first systematic reading of Hegel's political philosophy. Elements of the Philosophy of Right is widely acknowledged to be one of the most important works in the history of political philosophy. This is the first book on the subject to take Hegel's system of speculative philosophy seriously as an important component of any robust understanding of this text.
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Research Handbook on the Theory and History of International Law

Author: Alexander Orakhelashvili

Publisher: Edward Elgar Publishing

ISBN: 0857933086

Category: Law

Page: 560

View: 785

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This pioneering Research Handbook with contributions from renowned experts, provides a comprehensive scholarly framework for analyzing the theory and history of international law. Given the multiplication of theoretical approaches over the last three decades, and attendant fragmentation of scholarly efforts, this edited collection presents a useful doctrinal platform that will help academics and students to see the theory and history of international law in its entirety, and to understand how interdependent various aspects of the theory and history of international law really are. Being the first comprehensive analysis of theory and history of international law, this unique book will be of great benefit to academics and students of international politics, ethics and philosophy.
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The Legal Theory of Ethical Positivism

Author: Tom D. Campbell,Tom Campbell

Publisher: Routledge

ISBN: N.A

Category: Law

Page: 286

View: 8950

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Introduction -- Defamation Criteria: Fact or Value? -- The Elusive Distinction between Fact and Opinion -- Defamation and Freedom of Expression -- Conclusion -- 10 Conclusion: A Unifying Prescription -- Introduction -- Socialist Positivism -- Critical Legal Positivism -- Feminist Positivism -- Alternative Dispute Resolution -- Conclusion -- Bibliography -- Index
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Judicial Power, Democracy, and Legal Positivism

Author: Tom D. Campbell

Publisher: Routledge

ISBN: N.A

Category: Law

Page: 435

View: 2265

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This collection of essays by a group of leading legal philosophers from the US, the USA and Australasia centres of the juridification of politics through enhancing the entrenched power of judges. The issues are examined in the context of a critique of the revival of legal positivism as a prescriptive political philosophy closely tied to the tradition of parliamentary democracy. The papers originated in an extended workshop held at the Australian National University in 1998 on 'Judicial Activism and Judicial Review in Australian Democracy'. Some of the essays focus on the recent Australian developments with respect to implied constitutional rights and others concentrate on Tom Campbell's legal theory of 'ethical positivism'. The book as a whole presents powerful and conflicting arguments bearing on the global debate about the changing role of judges.
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Choice

Publication of the Association of College and Research Libraries, a Division of the American Library Association

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Academic libraries

Page: N.A

View: 8414

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