Gerald J. Postema's A Treatise of Legal Philosophy and General Jurisprudence: PDF

By Gerald J. Postema

ISBN-10: 9048189594

ISBN-13: 9789048189595

A Treatise of felony 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 old viewpoint. The paintings is aimed toward jurists in addition to criminal and functional philosophers. Edited through the well known theorist Enrico Pattaro and his workforce, this ebook is a classical reference paintings that might be of significant curiosity to felony 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), including 5 volumes, covers the most themes of the modern debate; the old half, inclusive of six volumes (Volumes 6-8 released in 2007; Volumes nine and 10, released in 2009; quantity eleven released in 2011 and quantity 12 impending in 2012/2013), bills for the improvement of criminal suggestion from historical Greek instances during the 20th century. the full set may be accomplished with an index.

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

Legal Philosophy within the 20th Century: the typical legislations international bargains a clean, philosophically engaged, severe interpretation of the most currents of jurisprudential notion within the English-speaking global of the 20 th century. It tells the story of 2 lectures and their legacies: Oliver Wendell Holmes, Jr.’s “The direction of legislations” (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 felony technology gave start to a wealthy number of competing methods to figuring out legislation and criminal reasoning from realism to monetary jurisprudence to felony 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 legislations through the serious criminal stories and Feminist routine. Hart, at the same time development upon and remodeling the undations of Austinian analytic jurisprudence laid within the early twentieth century, brought rigorous philosophical technique to English-speaking jurisprudence and provided a reinterpretation of felony positivism which set the schedule for analytic felony philosophy to the tip of the century and past. A wide-ranging debate over the position of ethical ideas in criminal reasoning, sparked through Dworkin’s primary problem to Hart’s conception, generated competing interpretations of and primary demanding situations to middle doctrines of Hart’s positivism, together with the character and position of conventions on the foundations of legislations and the technique of philosophical jurisprudence.

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

Example text

It articulated in a breezy style an uncluttered, unqualified, and unapologetic version of Austin’s main jurisprudential doctrines, including an elementary presentation of its methodological aims. 10) and it remained so for over fifty years. Holland understood the law as an aggregate of laws; hence, the primary object of analysis is a law (Holland 1924, 15). , 22). Since law does not merely counsel compliance, we must understand these propositions as commands and hence as necessarily accompanied by threats of sanctions.

The state might undertake to administer justice without law, by setting up tribunals and giving them wide discretion to do justice by their best lights, but they would not be courts of law,19 because they would not be held to making their determinations by “fixed principles of law” (Salmond 1924, 40). In Salmond’s view this would be true even if the decisions of such tribunals fell into observable regularities, for, although to every rule of law there is a corresponding uniformity of judicial action, the converse is not true.

Salmond drew two conclusions of a distinctively positivist cast from this definition of law. , 40) and thus represent “the wisdom and justice of the organised commonwealth,” their status as law depends strictly on their recognition by the courts. “The validity of a legal principle is entirely independent of its truth. It is a principle of law, not be16 Hart later adopted a similar view (see below Chapter 4, sec. 1). ] for the purposes of action” (Salmond 1893, 83). Thus, what might be right and reasonable in the eyes of the law may not be so in truth.

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A Treatise of Legal Philosophy and General Jurisprudence: Volume 11: Legal Philosophy in the Twentieth Century: The Common Law World by Gerald J. Postema


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