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Law as a Leap of Faith - Essays on Law in General (Hardcover)
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Law as a Leap of Faith - Essays on Law in General (Hardcover)
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How do laws resemble rules of games, moral rules, personal rules,
rules found in religious teachings, school rules, and so on? Are
laws rules at all? Are they all made by human beings? And if so how
should we go about interpreting them? How are they organized into
systems, and what does it mean for these systems to have
'constitutions'? Should everyone want to live under a system of
law? Is there a special kind of 'legal justice'? Does it consist
simply in applying the law of the system? And how does it relate to
the ideal of 'the rule of law'? These and other classic questions
in the philosophy of law form the subject-matter of Law as a Leap
of Faith. In this book John Gardner collects, revisits, and
supplements fifteen years of celebrated writings on general
questions about law and legal systems - writings in which he
attempts, without loss of philosophical finesse or insight, to cut
through some of the technicalities with which the subject has
become encrusted in the late twentieth century. Taking his agenda
broadly from H.L.A. Hart's The Concept of Law (1961), Gardner shows
how the key ideas in that work live on, and how they have been and
can still be improved in modest ways to meet important criticisms -
in some cases by concession, in some cases by circumvention, and in
some cases by restatement. In the process Gardner engages with key
ideas of other modern giants of the subject including Kelsen,
Holmes, Raz, and Dworkin. Most importantly he presents the main
elements of his own unique and refreshingly direct way of thinking
about law, brought together in one place for the first time.
General
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