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Books > Law > Jurisprudence & general issues > Legal profession > Legal ethics & professional conduct
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Creon's Ghost - Law, Justice, and the Humanities (Hardcover, New)
Loot Price: R2,326
Discovery Miles 23 260
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Creon's Ghost - Law, Justice, and the Humanities (Hardcover, New)
Expected to ship within 10 - 15 working days
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Debate about the separation of law and morality has ancient roots
and is still vigorously discussed today. Mostly, the debate has
been conducted as a technical problem in jurisprudence or legal
philosophy. As a technical, philosophical problem, the arguments
are rigorous and tend to be narrow. Creon's Ghost enters the debate
from a different angle by discussing the general responses to the
problem by pairing stories from the humanities with various
contemporary jurisprudential accounts. For example, Chapter 1 pairs
Antigone with H. L. A. Hart to illuminate the legal positivist
position on how law should be considered separate and apart from
morality. Antigone, from which play is taken the text's principal
interlocutor-Creon-Tomain develops his themes through the history
of the humanities, all the while offering significant connections
within the realm of legal scholarship. The major "schools" of
jurisprudence are treated at some length-legal positivism, natural
law theory, legal realism, legal pragmatism, critical legal
studies, et al. The author also presents arguments on why and how
law is and should be connected with morality, presenting concepts
from Plato's Republic together with Ronald Dworkin to illustrate
the claim that law has and should have a moral unity. Creon's Ghost
demonstrates that the humanities can both illuminate our
understanding of legal discussions and that they can be read
alongside jurisprudential texts, thus enriching our understanding
of and appreciation for both the humanities and the law.
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