Download A Treatise of Legal Philosophy and General Jurisprudence: by Gerald J. Postema PDF

By Gerald J. Postema

ISBN-10: 9048189594

ISBN-13: 9789048189595

A Treatise of criminal Philosophy and basic Jurisprudence is the first-ever multivolume therapy of the problems in criminal philosophy and basic jurisprudence, from either a theoretical and a ancient viewpoint. The paintings is geared toward jurists in addition to criminal and functional philosophers. Edited by means of the popular theorist Enrico Pattaro and his workforce, this e-book is a classical reference paintings that might be of serious curiosity to criminal and sensible philosophers in addition to to jurists and criminal student in any respect degrees. The paintings is split The theoretical half (published in 2005), which include 5 volumes, covers the most themes of the modern debate; the ancient half, which include six volumes (Volumes 6-8 released in 2007; Volumes nine and 10, released in 2009; quantity eleven released in 2011 and quantity 12 coming near near in 2012/2013), debts for the improvement of felony idea from historical Greek occasions during the 20th century. the whole set can be accomplished with an index.

Volume eleven
Legal Philosophy within the 20th Century: the typical legislation World

Legal Philosophy within the 20th Century: the typical legislation global deals a clean, philosophically engaged, serious interpretation of the most currents of jurisprudential idea within the English-speaking international of the twentieth century. It tells the story of 2 lectures and their legacies: Oliver Wendell Holmes, Jr.’s “The course of legislation” (1897) and H.L.A. Hart’s Holmes Lecture, “Positivism and the Separation of legislations and Morals” (1958). Holmes’s radical problem to past due nineteenth century criminal technological know-how gave beginning to a wealthy number of competing techniques to knowing legislations and felony reasoning from realism to fiscal jurisprudence to criminal pragmatism, from restoration of key components of universal legislation jurisprudence and rule of legislations doctrine within the paintings of Llewellyn, Fuller and Hayek to root-and-branch assaults at the ideology of legislation through the severe felony reports and Feminist activities. Hart, concurrently construction upon and remodeling the undations of Austinian analytic jurisprudence laid within the early twentieth century, brought rigorous philosophical option to English-speaking jurisprudence and provided a reinterpretation of felony positivism which set the time table for analytic criminal philosophy to the top of the century and past. A wide-ranging debate over the position of ethical rules in felony reasoning, sparked by way of Dworkin’s basic problem to Hart’s thought, generated competing interpretations of and basic demanding situations to middle doctrines of Hart’s positivism, together with the character and function of conventions on the foundations of legislations and the method of philosophical jurisprudence.

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Extra resources for A Treatise of Legal Philosophy and General Jurisprudence: Volume 11: Legal Philosophy in the Twentieth Century: The Common Law World

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It is doubtful that Austin’s ponderous work was much read, but Holland’s book, an accessible statement of core Austinian themes, and others like it, secured the dominance of Austinian thought in English jurisprudence, and through the influential work of Dicey, Austinian ideas came likewise to dominate constitutional theory of the English Commonwealth. Second, Austin’s was not the only jurisprudential voice heard in this period and it did not escape serious criticism. As Michael Lobban has shown,3 Maine challenged the Austinian command model of law, arguing that it failed utterly to fit working law in Indian and other non-Western legal systems.

13 This principle, as Dicey elaborated it, is rich in meaning. , power not accountable to general public rules of law and ordinary courts). This principle funded Dicey’s vigorous opposition to the development of administrative law in England (Jowell 2000, 7–10). The second component of the supremacy of law invokes the idea of equality before the law. , 114). According to this principle, no one is above the law. Moreover, just like every citizen, every official, from Prime Minister to constable, is subject to the same law and the same system of enforcement.

J. Fitzgerald, editor of the 12th edition of Salmond on Jurisprudence, explicitly states that Salmond held a version of (legal) realism (1966, 36). 19 Joseph Raz (1990b, 137–41) called them institutions of “absolute discretion,” see chap. 8, sec. 1, below. 20 On Holmes’s orientation of jurisprudence toward the practice of courts, see below chap. 2, sec. 2. Holmes offered his slogan in “The Path of Law” (Holmes 1995, vol. 3: 393), but his understanding of the slogan differed from that adopted later by the realists (chap.

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