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Reason, Democracy, Society - A Treatise on the Basis of Legal Thinking (Hardcover, 1996 ed.)
Loot Price: R2,935
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Reason, Democracy, Society - A Treatise on the Basis of Legal Thinking (Hardcover, 1996 ed.)
Series: Law and Philosophy Library, 25
Expected to ship within 10 - 15 working days
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Reason, Democracy, Society deals with basic points of legal theory
and philosophy of law. The main contention of the book relates to
the insufficiencies of the legal positivistic approach. Some of its
claims are that we must sharply separate what the law is from, what
the law ought to be, and that we can know what the law is without
appealing to meta-legal considerations. These and other claims are
criticized. The author shows that with the legal positivistic
approach we cannot know, in all cases, what the law is, if that is
equated to the rules posited by the legislator. He also challenges
H.L.A. Hart's and MacCormick's points of view, amongst others,
about the characteristic corner stones of legal positivism. Some
other issues relate to human rights, legal rationality and
efficiency and ethics. This book will be of interest to
philosophers concerned with law or ethics, those concerned with
justice in modern society and to jurists and law students.
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