[PDF] A Legal Theory Without Law eBook

Author : Ernst-Joachim Mestmäcker
Publisher : Mohr Siebeck
Page : 72 pages
File Size : 20,11 MB
Release : 2007
Category : Law
ISBN : 9783161492761

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Ernst-Joachim Mestmacker reviews Richard Posner's and Friedrich A.von Hayek's legal theories. Both are famous for their contributions to law and economics. They are, however, adversaries in their concepts of law and how it is to be informed by economics. Posner finds the only scientific legal theory in the external (economic) analysis of law. With Friedrich von Hayek the role of rules of conduct and legislation is to be determined by the principles that govern a free and competitive order. There are, contrary to Posner, important contributions from legal scholarship, legal history and comparative law.

Author : Austin Sarat
Publisher :
Page : 192 pages
File Size : 39,2 MB
Release : 1996
Category : Law
ISBN :

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Explores the relationship between law and justice

Author : Julie Dickson
Publisher : Bloomsbury Publishing
Page : 161 pages
File Size : 40,79 MB
Release : 2001-06-05
Category : Law
ISBN : 1847313086

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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 : Richard A. Posner
Publisher : Harvard University Press
Page : 474 pages
File Size : 11,50 MB
Release : 2004-03
Category : Business & Economics
ISBN : 9780674013605

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The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.

Author : Richard A. Posner
Publisher : Harvard University Press
Page : 338 pages
File Size : 49,48 MB
Release : 2009-06-01
Category : Law
ISBN : 9780674042230

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Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.

Author : Scott J. Shapiro
Publisher : Harvard University Press
Page : 483 pages
File Size : 16,4 MB
Release : 2013-09-02
Category : 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.

Author : R. H. Helmholz
Publisher : Harvard University Press
Page : 285 pages
File Size : 43,95 MB
Release : 2015-06-08
Category : Law
ISBN : 0674504615

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The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.

Author : Jane Adolphe
Publisher : Lexington Books
Page : 254 pages
File Size : 49,1 MB
Release : 2012-03-22
Category : Religion
ISBN : 0739174231

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The editors of this unique collection of essays exploring the relationship of St. Paul and the natural law bring together contributions by scripture scholars, theologians, philosophers, and international lawyers. Inspired by the special Jubilee Year from June 2008 to June 2009 – proclaimed by Pope Benedict XVI to celebrate the 2,000-year anniversary of the birth of St. Paul – the chapters in this book are the fruit of the contributors’ collaboration during the celebration of the Year of St. Paul. They share a common appreciation of the natural law as a basis for civil law and contemporary legal theory, and each chapter examines the foundations of the natural law – particularly in the writings of St. Paul – giving special recognition to the Catholic contributions to natural law and contemporary legal theory.

Author : Peter Goodrich
Publisher : Routledge
Page : 221 pages
File Size : 50,3 MB
Release : 2013-08-21
Category : Law
ISBN : 1136749608

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Features an anthology designed to provide legal and socio-legal scholars with a sense of the wide range of projects and questions.