|
Showing 1 - 8 of
8 matches in All Departments
This is the first book to bring together distinguished
jurisprudential theorists, as well as up-and-coming scholars, to
critically assess the nature of legal reasoning. The volume is
divided into 3 parts: The first part, General Jurisprudence and
Legal Reasoning, addresses issues at the intersection of general
jurisprudence - those pertaining to the nature of law itself - and
legal reasoning. The second part, Rules and Reasons, addresses two
concepts central to two prominent types of theory of legal
reasoning. The essays in the third and final part, Doctrine and
Practice, delve into the mechanics of legal practice and doctrine,
from a legal reasoning perspective.
This original collection of jurisprudential essays furthers our
understanding of the nature of rights. In Part 1, Halpin considers
the value of Hohfeldian neutrality when theorising about law in
general, and legal rights in particular, and Kurki focuses on
Hohfeld's operative notion of power. In Part 2, Kramer rebuts
Wenar's objections to his Interest Theory of rights, and May
provides a comparative defence of the Interest Theory against
Wenar's Kind-Desire theory of claim-rights. Penner then pursues
legal doctrine, focusing on whether judges hold the powers of their
office as rights, an issue over which Wenar and Kramer have
clashed. Sreenivasan, utilising a novel test case involving pure
public goods, argues that the third party beneficiary objection to
the Interest Theory is fatal. McBride builds on Sreenivasan's
Hybrid Theory of claim-rights to construct his new Tracking Theory
of rights. Cruft then argues that the best extant versions of the
Interest and Will Theories of rights cannot avoid a form of
circularity, and Van Duffel argues that meeting four adequacy
constraints, which he proposes, counts in favour of any theory of
rights. In Part 3, Andersson proposes a tie breaking procedure for
rights conflicts in the applied realm of politics, and Steiner
concludes by alleging that Kant's principle of right, a standard of
corrective justice, has distributive implications. 'A fine
collection of cutting-edge essays on the most important normative
concept of modernity.' Professor Leif Wenar, King's College London
'This important collection proceeds much beyond the famous 1998 A
Debate Over Rights which sets the stage for the debates concerning
rights since then. It explores three aspects of rights. First it
re-examines the Hohfeldian classification and highlights its
importance and relevance. Second it investigates and develops the
debates between the interest and the will theory. It includes
essays by the main established proponents of these two positions as
well as essays by newcomers to this field. The different essays in
this part address each other in ways which sharpen and clarify the
disagreements and provide new original arguments for the contending
views. Last, it provides a new perspective on the debates
concerning conflicts of rights and the ways to overcome them. This
collection will no doubt dominate the future conceptual discussions
concerning the nature of rights and their role in political
theory.' Professor Alon Harel, The Hebrew University of Jerusalem
This is the first book to bring together distinguished
jurisprudential theorists, as well as up-and-coming scholars, to
critically assess the nature of legal reasoning. The volume is
divided into 3 parts: The first part, General Jurisprudence and
Legal Reasoning, addresses issues at the intersection of general
jurisprudence - those pertaining to the nature of law itself - and
legal reasoning. The second part, Rules and Reasons, addresses two
concepts central to two prominent types of theory of legal
reasoning. The essays in the third and final part, Doctrine and
Practice, delve into the mechanics of legal practice and doctrine,
from a legal reasoning perspective.
Professor Matthew Kramer is one of the most important legal
philosophers of our time - even if the label 'legal philosopher'
does not do justice to the breadth of his work. This collection of
essays brings together esteemed philosophers, as well as junior
scholars, to critically assess Kramer's philosophy. The
contributions focus on Kramer's work on legal philosophy,
metaethics, normative ethics, and political philosophy. The volume
is divided into six parts, each focusing on different aspect of
Kramer's work. The first part, Rights and Right-holding, contains
five essays addressing Kramer's work on rights and right-holding,
including the Hohfeldian analysis and the interest theory of
right-holding. The four essays in the second part, General
Jurisprudence, focus on Kramer's work in general jurisprudence,
from the compatibility of legal positivism with universal legal
error, to his robust defense of inclusive legal positivism,
concluding with reflections on his writings on the rule of law. The
third part, General Matters of Ethics, contains two essays
addressing Kramer's metaethical work on moral realism as a moral
doctrine. The fourth and fifth parts, Freedom and Liberalism, have
four essays falling within political philosophy, probing Kramer's
work on negative freedom and political liberalism, respectively.
The sixth part, Applied Ethics, contains two essays on Kramer's
work on capital punishment and freedom of expression. The
collection is rounded off by reflections on, and replies to, the
contributions by Kramer himself.
|
You may like...
Mein Kampf
Adolf Hitler
Paperback
R426
Discovery Miles 4 260
|