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From positivism to idealism : a study of the moral dimensios of legality.
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ISBN: 1351157949 1281098760 9786611098766 0754686116 9780754686118 9780754623991 0754623998 Year: 2007 Publisher: Aldershot Ashgate

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Illuminating the idea of legality by a consideration of its moral nature, this book explores the emergence and development of two rival traditions of legal thought (those of 'positivism' and 'idealism') which together define the structure of modern juridical thought. In doing so, it consciously departs from many of the tendencies and working assumptions that define modern legal philosophy.


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Dimensions of politics and English jurisprudence
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ISBN: 1107064686 1139887823 1107054257 1107055202 110705866X 051197907X 110705740X 1107056306 9781107055209 9780511979071 1299772447 9781299772441 9781107058668 9780521196598 0521196590 Year: 2013 Publisher: Cambridge Cambridge University Press

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Understandings of law and politics are intrinsically bound up with broader visions of the human condition. Sean Coyle argues for a renewed engagement with the juridical and political philosophies of the Western intellectual tradition, and takes up questions pondered by Aristotle, Plato, Augustine, Aquinas and Hobbes in seeking a deeper understanding of law, politics, freedom, justice and order. Criticising modern theories for their failure to engage with fundamental questions, he explores the profound connections between justice and order and raises the neglected question of whether human beings in all their imperfection can ever achieve truly just order in this life. Above all, he confronts the question of whether the open society is the natural home of liberals who have given up faith in human progress (there are no ideal societies), or whether liberal political order is itself the ideal society?


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Natural law and modern society
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ISBN: 0192887009 0192887017 0191981761 Year: 2023 Publisher: Oxford : Oxford University Press,

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'Natural Law and Modern Society' presents a new theory of natural law, grounded in the thought of Saint Thomas Aquinas, aimed at answering questions relevant to the ethics and morality of the theory of law, obligation and political authority; from the domestic realm to international community.


Book
Modern jurisprudence : a philosophical guide
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ISBN: 9781509950058 9781509948901 Year: 2022 Publisher: Oxford ; New York : Hart,

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"This textbook presents a clear exploration of the historical developments and ideas that give modern thinking its distinctive shape. It guides students through the rival standpoints on jurisprudence from the origins of Western jurisprudential thought and the classical tradition to the emergence of 'modern' political thought. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis lead the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that result in a fresh and original perspective on the subject. The third edition includes a new chapter on feminist legal scholarship and non-Western approaches. Praise for the previous editions: 'An ideal starting place for anyone interested in, or studying, legal philosophy ... Its simple but ambitious aim to provide a concise and accessible guide is easily achieved.' (Student Law Journal) 'A decent choice for an introductory course on jurisprudence, or for a serious student who wishes to study on his or her own.' (Canadian Law Library)"--

Keywords

Jurisprudence --- Law --- History --- Philosophy --- History


Book
Natural Law and Modern Society
Author:
ISBN: 9780192886996 Year: 2023 Publisher: Oxford Oxford university press

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The philosophical foundations of environmental law : property, rights, and nature
Authors: ---
ISBN: 1841133590 1841133604 1472562968 1280807784 9786610807789 1847310338 9781841133607 Year: 2004 Publisher: Oxford ; Portland, Oregon : Hart Publishing,

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Legal regulation of the environment is often construed as a collection of legislated responses to the problems of modern living. Treated as such,'environmental law' refers not to a body of distinctive juristic ideas (such as one might find in contract law or tort) but to a body of black-letter rules out of which a distinct jurisprudence might grow. This book challenges the accepted view by arguing that environmental law must be seen not as a mere instrument of social policy, but as a historical product of surprising antiquity and considerable sophistication. Environmental law, it is argued, is underpinned by a series of tenets concerning the relationship of human beings to the natural world, through the acquisition and use of property. By tracing these ideas to their roots in the political philosophy of the seventeenth century, and their reception into the early law of nuisance, this book seeks to overturn the perception that environmental law's philosophical significance is confined to questions about the extent to which a state should pursue collective well-being and public health through deliberate manipulation and restriction of private property rights. Through a close re-examination of both early and modern statutes and cases, this book concludes that, far from being intelligible in exclusively instrumental terms, environmental law must be understood as the product of sustained reflection upon fundamental moral questions concerning the relationship between property, rights and nature


Periodical
Jurisprudence: An International Journal of Legal and Political Thought
Authors: ---
ISSN: 20403313 20403321 Year: 2010 Publisher: Oxford Hart

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Jurisprudence or legal science? A debate about the nature of legal theory
Authors: ---
ISBN: 9781841135045 Year: 2005 Publisher: Oxford Hart

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Jurisprudence of legal science? : a debate about the nature of legal theory.
Authors: ---
ISBN: 1841135046 Year: 2005 Publisher: Oxford Hart

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Keywords

Jurisprudence --- Law --- Philosophy


Book
Jurisprudence or legal science? : a debate about the nature of legal theory
Authors: ---
ISBN: 1472563344 1280808829 9786610808823 1847311571 Year: 2005 Publisher: Oxford ; Portland, Oregon : Hart Publishing,

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"Modern jurisprudence embodies two distinct traditions of thought about the nature of law. The first adopts a scientific approach which assumes that all legal phenomena possess universal characteristics that may be used in the analysis of any type of legal system. The main task of the legal philosopher is to disclose and understand such characteristics,which are thought to be capable of establishment independently of any moral or political values which the law might promote, and of any other context-dependent features of legal systems. Another form of jurisprudential reflection views the law as a complex form of moral arrangement which can only be analysed from within a system of reflective moral and political practices. Rather than conducting a search for neutral standpoints or criteria, this second form of theorising suggests that we uncover the nature and purpose of the law by reflecting on the dynamic properties of legal practice. Can legal philosophy aspire to scientific values of reasoning and truth? Is the idea of neutral standpoints an illusion? Should legal theorising be limited to the analysis of particular practices? Are the scientific and juristic approaches in the end as rigidly distinct from one another as some have claimed? In a series of important new essays the authors of Jurisprudence or Legal Science? attempt to answer these and other questions about the nature of jurisprudential thinking, whilst emphasising the connection of such 'methodological' concerns to the substantive legal issues which have traditionally defined the core of jurisprudential speculation. The list of contributors includes R. Alexy, S. Coyle, J. Gorman, C. Heidemann, P. Leith, J. Morison, G. Pavlakos and V. Rodriguez-Blanco."--Bloomsbury Publishing.

Keywords

Jurisprudence --- Law --- Philosophy

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