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Fifty years on from its original publication, HLA Hart's The
Concept of Law is widely recognized as the most important work of
legal philosophy published in the twentieth century, and remains
the starting point for most students coming to the subject for the
first time. In this third edition, Leslie Green provides a new
introduction that sets the book in the context of subsequent
developments in social and political philosophy, clarifying
misunderstandings of Hart's project and highlighting central
tensions and problems in the work.
The question, "Why should I obey the law?" introduces a
contemporary puzzle that is as old as philosophy itself. The puzzle
is especially troublesome if we think of cases in which breaking
the law is not otherwise wrongful, and in which the chances of
getting caught are negligible. Philosophers from Socrates to H.L.A.
Hart have struggled to give reasoned support to the idea that we do
have a general moral duty to obey the law but, more recently, the
greater number of learned voices has expressed doubt that there is
any such duty, at least as traditionally conceived. The thought
that there is no such duty poses a challenge to our ordinary
understanding of political authority and its legitimacy. In what
sense can political officials have a right to rule us if there is
no duty to obey the laws they lay down? Some thinkers, concluding
that a general duty to obey the law cannot be defended, have gone
so far as to embrace philosophical anarchism, the view that the
state is necessarily illegitimate. Others argue that the duty to
obey the law can be grounded on the idea of consent, or on
fairness, or on other ideas, such as community.
Oxford Studies in the Philosophy of Law is an annual forum for some
of the best new philosophical work on law, by both senior and
junior scholars from around the world. The essays range widely over
issues in general jurisprudence (the nature of law, adjudication,
and legal reasoning), the philosophical foundations of specific
areas of law (from criminal law to evidence to international law),
the history of legal philosophy, and related philosophical topics
that illuminate the problems of legal theory. OSPL will be
essential reading for philosophers, academic lawyers, political
scientists, and historians of law who wish to keep up with the
latest developments in this flourishing field.
The question, 'Why should I obey the law?' introduces a
contemporary puzzle that is as old as philosophy itself. The puzzle
is especially troublesome if we think of cases in which breaking
the law is not otherwise wrongful, and in which the chances of
getting caught are negligible. Philosophers from Socrates to H.L.A.
Hart have struggled to give reasoned support to the idea that we do
have a general moral duty to obey the law but, more recently, the
greater number of learned voices has expressed doubt that there is
any such duty, at least as traditionally conceived. The thought
that there is no such duty poses a challenge to our ordinary
understanding of political authority and its legitimacy. In what
sense can political officials have a right to rule us if there is
no duty to obey the laws they lay down? Some thinkers, concluding
that a general duty to obey the law cannot be defended, have gone
so far as to embrace philosophical anarchism, the view that the
state is necessarily illegitimate. Others argue that the duty to
obey the law can be grounded on the idea of consent, or on
fairness, or on other ideas, such as community.
Oxford Studies in Philosophy of Law is a forum for some of the best
new philosophical work on law, by both senior and junior scholars
from around the world. The essays range widely over issues in
general jurisprudence (the nature of law, adjudication, and legal
reasoning), the philosophical foundations of specific areas of law
(from criminal law to evidence to international law), the history
of legal philosophy, and related philosophical topics that
illuminate the problems of legal theory. OSPL will be essential
reading for philosophers, academic lawyers, political scientists,
and historians of law who wish to keep up with the latest
developments in this flourishing field.
Fifty years on from its original publication, HLA Hart's The
Concept of Law is widely recognized as the most important work of
legal philosophy published in the twentieth century, and remains
the starting point for most students coming to the subject for the
first time. In this third edition, Leslie Green provides a new
introduction that sets the book in the context of subsequent
developments in social and political philosophy, clarifying
misunderstandings of Hart's project and highlighting central
tensions and problems in the work.
Oxford Studies in the Philosophy of Law is an annual forum for some
of the best new philosophical work on law, by both senior and
junior scholars from around the world. The essays range widely over
issues in general jurisprudence (the nature of law, adjudication,
and legal reasoning), the philosophical foundations of specific
areas of law (from criminal law to evidence to international law),
the history of legal philosophy, and related philosophical topics
that illuminate the problems of legal theory. OSPL will be
essential reading for philosophers, academic lawyers, political
scientists, and historians of law who wish to keep up with the
latest developments in this flourishing field.
General jurisprudence is the theory of law in general, identifying
features that law has wherever and whenever legal institutions
exist. But it is no hermetic inquiry. Law depends on, and has
consequences for, politics and morality. In The Germ of Justice,
one of the subject's prominent exponents disentangles these
relationships. Professor Leslie Green probes three clusters of
problems: the nature of law as a social construction, the relations
between law and morality, and the demands that law makes of its
officers and its subjects. Along the way, Green asks what
jurisprudence can learn from the social sciences, how it is related
to the humanities, how it might make progress, and why it is of
value. This wonderful and accessible text engages leading theories
of law and key works of Hume, Kelsen, Hart, Dworkin, Finnis, and
Raz. The Germ of Justice is a must-have work in contemporary
jurisprudence and a powerful contribution to political theory and
moral philosophy.
Oxford Studies in the Philosophy of Law is an annual forum for some
of the best new philosophical work on law, by both senior and
junior scholars from around the world. The essays range widely over
issues in general jurisprudence (the nature of law, adjudication,
and legal reasoning), the philosophical foundations of specific
areas of law (from criminal law to evidence to international law),
the history of legal philosophy, and related philosophical topics
that illuminate the problems of legal theory. OSPL will be
essential reading for philosophers, academic lawyers, political
scientists, and historians of law who wish to keep up with the
latest developments in this flourishing field.
Oxford Studies in the Philosophy of Law is an annual forum for some
of the best new philosophical work on law, by both senior and
junior scholars from around the world. The essays range widely over
issues in general jurisprudence (the nature of law, adjudication,
and legal reasoning), the philosophical foundations of specific
areas of law (from criminal law to evidence to international law),
the history of legal philosophy, and related philosophical topics
that illuminate the problems of legal theory. OSPL will be
essential reading for philosophers, academic lawyers, political
scientists, and historians of law who wish to keep up with the
latest developments in this flourishing field.
The modern state claims supreme authority over the lives of all its
citizens. Drawing together political philosophy, jurisprudence, and
public choice theory, this book forces the reader to reconsider
some basic assumptions about the authority of the state. Various
popular and influential theories - conventionalism,
contractarianism, and communitarianism - are assessed by the author
and found to fail. Leslie Green argues that only the consent of the
governed can justify the state's claims to authority. While he
denies that there is a general obligation to obey the law, he
nonetheless rejects philosophical anarchism and defends civility -
the willingness to tolerate some imperfection in institutions - as
a political virtue.
Oxford Studies in Philosophy of Law is a forum for some of the best
new philosophical work on law, by both senior and junior scholars
from around the world. The essays range widely over issues in
general jurisprudence (the nature of law, adjudication, and legal
reasoning), the philosophical foundations of specific areas of law
(from criminal law to evidence to international law), the history
of legal philosophy, and related philosophical topics that
illuminate the problems of legal theory. OSPL will be essential
reading for philosophers, academic lawyers, political scientists,
and historians of law who wish to keep up with the latest
developments in this flourishing field.
"Hi Mom, It's Me" is a workbook for your 3-5 yr old. The
information in this book can be reinforced as often as you like.
"Hi Mom, It's Me" also allows your little one to learn skills
needed to function in the educational system. This book will be
start your child on his or her way to a wonderful world of
learning.
This book is written by a debt collector with over 16 years
experience in the credit and collections industry. She's actually
set-up repossessions,foreclosures,processed bankruptcies,door
knocked to collect funds. You name it she's done it. It simple and
easy to follow. It's a step by step process from pulling your
credit report,negotiating with debt collectors,fair debt practices
and more. It is a must read!!
Oxford Studies in Philosophy of Law is a forum for some of the best
new philosophical work on law, by both senior and junior scholars
from around the world. The essays range widely over issues in
general jurisprudence (the nature of law, adjudication, and legal
reasoning), the philosophical foundations of specific areas of law
(from criminal law to evidence to international law), the history
of legal philosophy, and related philosophical topics that
illuminate the problems of legal theory. OSPL will be essential
reading for philosophers, academic lawyers, political scientists,
and historians of law who wish to keep up with the latest
developments in this flourishing field.
Forty years after his death, Hans Kelsen (1881-1973) remains one of
the most discussed and influential legal philosophers of our time.
This collection of new essays takes Kelsen's Pure Theory of Law as
a stimulus, aiming to move forward the debate on several central
issues in contemporary jurisprudence. The essays in Part I address
legal validity, the normativity of law, and Kelsen's famous but
puzzling idea of a legal system's 'basic norm'. Part II engages
with the difficult issues raised by the social realities of law and
the actual practices of legal officials. Part III focuses on
conceptual features of legal systems and the logical structure of
legal norms. All the essays were written for this volume by
internationally renowned scholars from seven countries. Also
included, in English translation, is an important polemical essay
by Kelsen himself.
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