ISBN:
9789400748309
,
1283634163
,
9781283634168
Language:
English
Pages:
Online-Ressource (X, 316 p, digital)
Series Statement:
Law and Philosophy Library 103
Series Statement:
SpringerLink
Series Statement:
Bücher
Parallel Title:
Buchausg. u.d.T.
Keywords:
Ethics
;
Philosophy (General)
;
Philosophy of law
;
Law
;
Law
;
Ethics
;
Philosophy (General)
;
Philosophy of law
;
Austin, John 1790-1859
;
Rechtsethik
Abstract:
This is the first ever collected volume on John Austin, whose role in the founding of analytical jurisprudence is unquestionable. After 150 years, time has come to assess his legacy. The book fills a void in existing literature, by letting top scholars with diverse outlooks flesh out and discuss Austin's legacy today. A nuanced, vibrant, and richly diverse picture of both his legal and ethical theories emerges, making a case for a renewal of interest in his work. The book applies multiple perspectives, reflecting Austin's various interests - stretching from moral theory to theory of law and state, from roman law to constitutional law - and it offers a comparative outlook on Austin and his legacy on the backdrop of the contemporary debate and major movements within legal theory. It sheds new light on some central issues of practical reasoning: the relation between law and morals, the nature of legal systems, the function of effectiveness, the value-free character of legal theory, the connection between normative and factual inquiries in the law, the role of power, the character of obedience and the notion of duty?
Abstract:
This is the first ever collected volume on John Austin, whose role in the founding of analytical jurisprudence is unquestionable. After 150 years, time has come to assess his legacy. The book fills a void in existing literature, by letting top scholars with diverse outlooks flesh out and discuss Austins legacy today. A nuanced, vibrant, and richly diverse picture of both his legal and ethical theories emerges, making a case for a renewal of interest in his work. The book applies multiple perspectives, reflecting Austins various interests stretching from moral theory to theory of law and state, from Roman Law to Constitutional Law and it offers a comparative outlook on Austin and his legacy in the light of the contemporary debate and major movements within legal theory. It sheds new light on some central issues of practical reasoning: the relation between law and morals, the nature of legal systems, the function of effectiveness, the value-free character of legal theory, the connection between normative and factual inquiries in the law, the role of power, the character of obedience and the notion of duty.?
Description / Table of Contents:
The Legacy of John Austin's Jurisprudence; Preface; Contents; Chapter 1: John Austin and Constructing Theories of Law*; 1.1 Introduction; 1.2 Deviations and Mistakes; 1.3 Hart and Errors; 1.4 Trade-Offs; 1.5 Not (Quite) Trade-Offs; 1.6 Is Law Distinctive?; 1.7 A Different View of Austin; 1.8 Conclusion; Chapter 2: Austin's Methodology? His Bequest to Jurisprudence; 2.1 Introduction; 2.2 The Controversy; 2.3 Theoretical Contestability and Theoretical Disagreement; 2.4 Austin's Ambitious Insight and Methodology; 2.5 The Detection of Doubt; 2.6 Reassessing Austin's Legacy
Description / Table of Contents:
Chapter 3: "Darkening the Fair Face of Roman Law": Austin and Roman Law3.1 Introduction; 3.2 Austin's Knowledge of Roman Law; 3.3 Austin's Use of Roman Law; 3.4 Conclusion; Chapter 4: Austin, Kelsen, and the Model of Sovereignty: Notes on the History of Modern Legal Positivism*; 4.1 Introduction; 4.2 Austin, Kelsen, and the Aims of Legal Theory; 4.3 Kelsen's Rejection of the Command Theory; 4.4 Austin and Kelsen on Legal Duties and the Structure of Legal Norms; 4.5 Austin, Kelsen, and the Illimitability of Sovereign Power; 4.6 Austin, Kelsen, and the Status of International Law
Description / Table of Contents:
4.7 ConclusionChapter 5: Austin and Scandinavian Realism; 5.1 Introduction; 5.2 Comparing Apples and Oranges, and Why Bother; 5.3 Affinities; 5.3.1 A Family Resemblance with Hume's Principle; 5.3.2 The Common Methodological Afflatus; 5.3.3 The Interest for General Jurisprudence; 5.4 Criticising the Will Theory; 5.4.1 Hägerström Reads Austin; 5.4.2 Olivecrona Reads Austin; 5.5 Core Differences; 5.5.1 The View of Morals; 5.5.1.1 The View of Coercion; 5.6 Conclusion; Chapter 6: Sense and Nonsense About Austin's Jurisprudence from a Scandinavian Perspective*; 6.1 Introduction; 6.2 Ross on Austin
Description / Table of Contents:
6.3 Hägerström on Austin6.4 Lundstedt on Austin; 6.5 Olivecrona on Austin; 6.6 Conclusion; Chapter 7: Did Austin Remain an Austinian?; 7.1 Introduction; 7.2 The Text Behind Hamburgers' Argument; 7.3 What Does It Mean to Be an Austinian?; 7.3.1 The Conception of Sovereignty; 7.3.2 The Conception of Liberty; 7.3.3 A Critique of Natural Law and Rights; 7.3.4 The Principle of Utility; 7.4 Basis for Alleged Changes in His Legal Philosophy; 7.5 What About the Work He Never Started?; 7.6 Is A Plea for the Constitution Non-Austinian?; 7.7 Conclusions; Chapter 8: Austin and the Electors*
Description / Table of Contents:
8.1 Introduction8.2 Two Theories of Sovereignty; 8.2.1 The First Theory: Personal Sovereignty; 8.2.2 The Second Theory: Impersonal Sovereignty; 8.3 Sovereignty and Publicity; 8.3.1 Generality of Laws; 8.3.2 Superiority; 8.3.3 Publicity; 8.4 "An Enemy to Itself"; 8.5 Conclusion; Chapter 9: Positive Divine Law in Austin*; 9.1 The Last of the Schoolmen; 9.2 Is There a Positive Divine Law?; 9.3 Revealed and Unrevealed Divine Law; 9.4 All Obligation Rests on Divine Command; Chapter 10: What Is in a Habit?; 10.1 Introduction; 10.2 Habit in Other Disciplines; 10.2.1 Philosophical Coverage
Description / Table of Contents:
10.2.2 Psychological Coverage
Note:
Description based upon print version of record
DOI:
10.1007/978-94-007-4830-9
URL:
Volltext
(lizenzpflichtig)
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