A Treatise of Legal Philosophy and General Jurisprudence: - download pdf or read online

By Gerald J. Postema

ISBN-10: 9048189594

ISBN-13: 9789048189595

A Treatise of felony Philosophy and basic Jurisprudence is the first-ever multivolume therapy of the problems in felony philosophy and basic jurisprudence, from either a theoretical and a old standpoint. The paintings is geared toward jurists in addition to felony and sensible philosophers. Edited via the well known theorist Enrico Pattaro and his workforce, this ebook is a classical reference paintings that may be of significant curiosity to felony and sensible philosophers in addition to to jurists and felony pupil in any respect degrees. The paintings is split The theoretical half (published in 2005), along with 5 volumes, covers the most themes of the modern debate; the old half, including six volumes (Volumes 6-8 released in 2007; Volumes nine and 10, released in 2009; quantity eleven released in 2011 and quantity 12 drawing close in 2012/2013), bills for the advance of felony notion from historical Greek instances in the course of the 20th century. the full set could be accomplished with an index.

Volume eleven
Legal Philosophy within the 20th Century: the typical legislation World

Legal Philosophy within the 20th Century: the typical legislations international bargains a clean, philosophically engaged, severe interpretation of the most currents of jurisprudential idea within the English-speaking global of the twentieth century. It tells the story of 2 lectures and their legacies: Oliver Wendell Holmes, Jr.’s “The direction of legislation” (1897) and H.L.A. Hart’s Holmes Lecture, “Positivism and the Separation of legislations and Morals” (1958). Holmes’s radical problem to past due nineteenth century criminal technological know-how gave delivery to a wealthy number of competing methods to figuring out legislation and felony reasoning from realism to fiscal jurisprudence to criminal pragmatism, from restoration of key parts of universal legislations jurisprudence and rule of legislation doctrine within the paintings of Llewellyn, Fuller and Hayek to root-and-branch assaults at the ideology of legislation via the serious felony experiences and Feminist hobbies. Hart, at the same time development upon and reworking the undations of Austinian analytic jurisprudence laid within the early twentieth century, brought rigorous philosophical technique to English-speaking jurisprudence and provided a reinterpretation of felony positivism which set the schedule for analytic criminal philosophy to the tip of the century and past. A wide-ranging debate over the position of ethical ideas in felony reasoning, sparked through Dworkin’s primary problem to Hart’s conception, generated competing interpretations of and basic demanding situations to center doctrines of Hart’s positivism, together with the character and function of conventions on the foundations of legislation and the technique of philosophical jurisprudence.

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Extra info for A Treatise of Legal Philosophy and General Jurisprudence: Volume 11: Legal Philosophy in the Twentieth Century: The Common Law World

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The injury sustained by a litigant who adopts a mistaken procedure is in no other sense the sanction of a rule of procedure, than that in which the broken leg that results from a fall is a sanction of the law of gravity. (Salmond 1893, 103–4) “A sine qua non is not an imperative,” Buckland (1945, 91) quipped half a century later. Bryce agreed that such laws take the form of “an authorization which makes action legal which might otherwise have been illegal” (Bryce 1901, 500). He came close to recognizing a fundamental conceptual difference between mandatory laws and laws that create and confer legal powers, but the 8 TREATISE, 11 - 20TH CENTURY: THE COMMON LAW WORLD concept of a legal power still eluded him.

256). Although Salmond did not abandon the view that state coercion is a defining feature of law in general, he rejected the view that it is a condition of the legal status of any particular principle or proposition of law. 3. Ultimate Legal Principles and Judicial Recognition Early readers of Salmond’s work, including Americans, saw his definition of law as close kin to that of the proto-realist John Chipman Gray (see chap. 3, 17 It is not clear how Salmond reconciled this position with his view that legal obligations do not depend on enforcement.

15 Jurisprudence appeared in seven editions during his life time, the last in 1924, but, because it had become a standard pedagogical tool in Britain and the Commonwealth, five more editions were published by a succession of editors, some of whom (especially, Parker in the ninth edition and Fitzgerald in the twelfth) very substantially revised Salmond’s original text. Glanville William’s tenth and eleventh editions (1947, 1963), however, preserved (with some deletions, additions, and revision) most of the original material of interest to general jurisprudence.

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A Treatise of Legal Philosophy and General Jurisprudence: Volume 11: Legal Philosophy in the Twentieth Century: The Common Law World by Gerald J. Postema


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