Read e-book online A Treatise of Legal Philosophy and General Jurisprudence: PDF

By Gerald J. Postema

ISBN-10: 9048189594

ISBN-13: 9789048189595

A Treatise of criminal Philosophy and basic Jurisprudence is the first-ever multivolume remedy of the problems in felony philosophy and common jurisprudence, from either a theoretical and a historic standpoint. The paintings is geared toward jurists in addition to felony and useful philosophers. Edited by way of the popular theorist Enrico Pattaro and his group, this e-book is a classical reference paintings that might be of significant curiosity to criminal and useful philosophers in addition to to jurists and criminal student 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, such as six volumes (Volumes 6-8 released in 2007; Volumes nine and 10, released in 2009; quantity eleven released in 2011 and quantity 12 imminent in 2012/2013), bills for the improvement of felony notion from historical Greek occasions in the course of the 20th century. the total 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 global bargains a clean, philosophically engaged, severe interpretation of the most currents of jurisprudential notion within the English-speaking global of the 20 th century. It tells the story of 2 lectures and their legacies: Oliver Wendell Holmes, Jr.’s “The direction of legislations” (1897) and H.L.A. Hart’s Holmes Lecture, “Positivism and the Separation of legislation and Morals” (1958). Holmes’s radical problem to overdue nineteenth century criminal technology gave start to a wealthy number of competing methods to knowing legislations and felony reasoning from realism to fiscal jurisprudence to felony pragmatism, from restoration of key components 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 legislations through the severe felony experiences and Feminist activities. Hart, concurrently construction upon and reworking the undations of Austinian analytic jurisprudence laid within the early twentieth century, brought rigorous philosophical solution to English-speaking jurisprudence and provided a reinterpretation of felony positivism which set the schedule for analytic felony philosophy to the top of the century and past. A wide-ranging debate over the position of ethical rules in criminal reasoning, sparked by means of Dworkin’s primary problem to Hart’s thought, generated competing interpretations of and basic demanding situations to center doctrines of Hart’s positivism, together with the character and position of conventions on the foundations of legislations 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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This is a most perverse and unnatural method of regarding them. […] A plaintiff is non-suited, not as a punishment for his failure to adduce legal evidence, but simply because in the eye of the law his case has not been proved. 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.

It follows that sovereign coercive power is not necessarily unlimited. Dewey argued further that Austin accepted that the habit of obedience might be limited in various ways with respect to both the objects and the occasions of obedience, but that they could not count as divisions of or limits on sovereignty because no determinate person or body (habitually obeyed by all others) imposed them (Dewey 1894, 35–7). This important clarification of the Austinian doctrine left untouched the question of the necessity of the unity and illimitability of sovereignty.

The legal status of such duties, in his view, depended not on enforceability, but rather on justiciability, that is, on subjection to the determination and adjudication of claims of law by the courts (Salmond 1924, 255–7; 529 n1). , 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.

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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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