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Author: Jürgen Habermas
Publisher: John Wiley & Sons
Published: 2015-10-08
Total Pages: 637
ISBN-13: 0745694268
DOWNLOAD EBOOKThis is Habermas's long awaited work on law, democracy and the modern constitutional state in which he develops his own account of the nature of law and democracy.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Published: 2007
Total Pages: 216
ISBN-13: 9781590318737
DOWNLOAD EBOOKThe Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: James Gordon Finlayson
Publisher: Columbia University Press
Published: 2019-05-14
Total Pages: 415
ISBN-13: 0231549016
DOWNLOAD EBOOKJürgen Habermas and John Rawls are perhaps the two most renowned and influential figures in social and political philosophy of the second half of the twentieth century. In the 1990s, they had a famous exchange in the Journal of Philosophy. Quarreling over the merits of each other’s accounts of the shape and meaning of democracy and legitimacy in a contemporary society, they also revealed how great thinkers working in different traditions read—and misread—one another’s work. In this book, James Gordon Finlayson examines the Habermas-Rawls debate in context and considers its wider implications. He traces their dispute from its inception in their earliest works to the 1995 exchange and its aftermath, as well as its legacy in contemporary debates. Finlayson discusses Rawls’s Political Liberalism and Habermas’s Between Facts and Norms, considering them as the essential background to the dispute and using them to lay out their different conceptions of justice, politics, democratic legitimacy, individual rights, and the normative authority of law. He gives a detailed analysis and assessment of their contributions, assessing the strengths and weaknesses of their different approaches to political theory, conceptions of democracy, and accounts of religion and public reason, and he reflects on the ongoing significance of the debate. The Habermas-Rawls Debate is an authoritative account of the crucial intersection of two major political theorists and an explication of why their dispute continues to matter.
Author: Michel Rosenfeld
Publisher: Univ of California Press
Published: 2023-12-22
Total Pages: 488
ISBN-13: 0520917618
DOWNLOAD EBOOKIn the first essay, Habermas himself succinctly presents the centerpiece of his theory: his proceduralist paradigm of law. The following essays comprise elaborations, criticisms, and further explorations by others of the most salient issues addressed in his theory. The distinguished group of contributors—internationally prominent scholars in the fields of law, philosophy, and social theory—includes many who have been closely identified with Habermas as well as some of his best-known critics. The final essay is a thorough and lengthy reply by Habermas, which not only engages the most important arguments raised in the preceding essays but also further elaborates and refines some of his own key contributions in Between Facts and Norms. This volume will be essential reading for philosophers, legal scholars, and political and social theorists concerned with understanding the work of one of the leading philosophers of our age. These provocative, in-depth debates between Jürgen Habermas and a wide range of his critics relate to the philosopher's contribution to legal and democratic theory in his recently published Between Facts and Norms. Drawing upon his discourse theory, Habermas has elaborated a novel and powerful account of law that purports to bridge the gap between democracy and rights, by conceiving law to be at once self-imposed and binding.
Author: Scott J. Shapiro
Publisher: Harvard University Press
Published: 2013-09-02
Total Pages: 483
ISBN-13: 067426729X
DOWNLOAD EBOOKWhat is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H. L. A. Hart. Yet many others find it perplexing. How could we possibly know how to answer such an abstract question? And what would be the point of doing so? In Legality, Scott Shapiro argues that the question is not only meaningful but vitally important. In fact, many of the most pressing puzzles that lawyers confront—including who has legal authority over us and how we should interpret constitutions, statutes, and cases—will remain elusive until this grand philosophical question is resolved. Shapiro draws on recent work in the philosophy of action to develop an original and compelling answer to this age-old question. Breaking with a long tradition in jurisprudence, he argues that the law cannot be understood simply in terms of rules. Legal systems are best understood as highly complex and sophisticated tools for creating and applying plans. Shifting the focus of jurisprudence in this way—from rules to plans—not only resolves many of the most vexing puzzles about the nature of law but has profound implications for legal practice as well. Written in clear, jargon-free language, and presupposing no legal or philosophical background, Legality is both a groundbreaking new theory of law and an excellent introduction to and defense of classical jurisprudence.
Author: Peter Railton
Publisher: Cambridge University Press
Published: 2003-03-17
Total Pages: 412
ISBN-13: 9780521426930
DOWNLOAD EBOOKIn our everyday lives we struggle with the notions of why we do what we do and the need to assign values to our actions. Somehow, it seems possible through experience and life to gain knowledge and understanding of such matters. Yet once we start delving deeper into the concepts that underwrite these domains of thought and actions, we face a philosophical disappointment. In contrast to the world of facts, values and morality seem insecure, uncomfortably situated, easily influenced by illusion or ideology. How can we apply this same objectivity and accuracy to the spheres of value and morality? In the essays included in this collection, Peter Railton shows how a fairly sober, naturalistically informed view of the world might nonetheless incorporate objective values and moral knowledge. This book will be of interest to professionals and students working in philosophy and ethics.
Author: Hans Kelsen
Publisher: The Lawbook Exchange, Ltd.
Published: 2005
Total Pages: 366
ISBN-13: 1584775785
DOWNLOAD EBOOKReprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.
Author: Karl Olivecrona
Publisher: Hassell Street Press
Published: 2021-09-09
Total Pages: 236
ISBN-13: 9781013308147
DOWNLOAD EBOOKThis work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: Sanne Taekema
Publisher: Edward Elgar Publishing
Published: 2016-07-27
Total Pages: 307
ISBN-13: 1785361090
DOWNLOAD EBOOKFacts and Norms in Law: Interdisciplinary Reflections on Legal Method presents an innovative collection of essays on the relationship between descriptive and normative elements in legal inquiry and legal practice. What role does empirical data play in law? New insights in philosophy, the social sciences and the humanities have forced the relationship between facts and norms on to the agenda, especially for legal scholars doing interdisciplinary work. This timely volume carefully combines critical perspectives from a range of different disciplinary traditions and theoretical positions.
Author: H. D. S. van der Kaaij
Publisher: Springer
Published: 2019-06-13
Total Pages: 190
ISBN-13: 3030155927
DOWNLOAD EBOOKThis book puts forward a new theoretical concept of the juridical act, this concept is not described from the perspective of a specific national legal system, but instead represents the commonalities and ideas that stem from the Western legal tradition. Since the concept is system-independent, it does not rely on national or state laws. The book begins by detailing those characteristics that distinguish juridical acts from the general group of acts. It offers clear distinctions between the different aspects of juridical acts, such as the power and the competence needed in order to perform the act, the fact that juridical acts are constitutive speech acts, and the rules that connect the act with its consequences. In the process, the book dispels much of the haziness currently surrounding juridical acts. Developed with a mix of theory and practice, this new concept is better equipped to deal with modern trends and practices. Further, since the author has freed the idea of the juridical act from the bonds of history and geography, it is also more suited to facilitating a better understanding of and explaining changes in the legal landscape, such as the rise of computer technology. Accordingly, it offers scholars and practitioners alike a valuable new tool for explaining and theorizing about the law.
