Results 311 to 320 of about 1,313,077 (339)
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2014
Philosophy of law is a branch of philosophy that deals with philosophical questions about law. This chapter deals with one of these questions, which is perhaps the most fundamental one: what is the nature of law? philosophers of law have discussed this question for centuries, and apparently still disagree. This disagreement is partly caused by the fact
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Philosophy of law is a branch of philosophy that deals with philosophical questions about law. This chapter deals with one of these questions, which is perhaps the most fundamental one: what is the nature of law? philosophers of law have discussed this question for centuries, and apparently still disagree. This disagreement is partly caused by the fact
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2011
This book provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do.
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This book provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do.
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The philosophy of international law
SSRN Electronic Journal, 2019This chapter argues that a plurality of methods does not entail that there are no basic and determinate philosophical problems for the field. It argues that there are two central requirements for a philosophy of international law, demarcation and critique.
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The Philosophy of Criminal Law
SSRN Electronic Journal, 2001In this fairly lengthy essay, I attempt to bring theoretical unity to the general part of the criminal law by viewing the issues of the general part - the voluntary act requirement, mens rea, culpability, attempts, defenses, etc. - through a controversial but plausible lens, namely that legal wrongs justify criminal punishment when their commission ...
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The Tasks of a Philosophy of Law
SSRN Electronic Journal, 2007This short programmatic essay, written for a collection celebrating the seventy-fifth anniversary of Karl Llewellyn's paper "On Philosophy in American Law," sketches the elements of an adequate philosophy of law today. It argues that an adequate philosophy of law must be empirical, interpretive, and critical.
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2009
This essay, prepared for a symposium on the role of philosophy in law, suggests that philosophical discipline calls into question several features of practical legal decisionmaking. In particular, philosophical analysis of the practice of following rules shows that complying with legal rules when they dictate outcomes contrary to the rule's objectives ...
Larry Alexander, Emily Sherwin
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This essay, prepared for a symposium on the role of philosophy in law, suggests that philosophical discipline calls into question several features of practical legal decisionmaking. In particular, philosophical analysis of the practice of following rules shows that complying with legal rules when they dictate outcomes contrary to the rule's objectives ...
Larry Alexander, Emily Sherwin
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Journal of Philosophy, 1955 Philosophy of Law and Social Philosophy
1999In the theoretical — methodological considerations of the study of, law in the sixties and seventies an important part was played by the studies on the specific traits and mutual relations of particular legal disciplines, as well as on the relations of the study of law to non-legal disciplines, mainly to philosophy and social sciences.
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Law and Philosophy in the Hyperreal
2009Ah the old questions, … Ah, the old answers, … How they love the old answers … – From Samuel Beckett, Endgame ( A Play in One Act ), as modified by the author Neither law nor philosophy are free. Both are beholden to and shaped by cultural and rhetorical logics of which they remain almost entirely unaware. Inasmuch as these logics construct both
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