ISBN:
9783540705024
Language:
English
Pages:
Online-Ressource (digital)
Series Statement:
SpringerLink
Series Statement:
Bücher
Parallel Title:
Buchausg. u.d.T. Edvinsson, Reidar, 1968 - The quest for the description of the law
Keywords:
Philosophy of law
;
Social sciences
;
Law
;
Law
;
Philosophy of law
;
Law Philosophy
;
Social sciences
;
Law Philosophy
;
Rechtsphilosophie
;
Rechtstheorie
;
Rechtsphilosophie
;
Rechtstheorie
Abstract:
The book suggests that it is reasonable to ask why we should try to give a general description of law. It analyses the theories of Jeremy Bentham, John Austin, H.L.A. Hart, Joseph Raz and Ronald Dworkin. It then attempts to turn our attention away from general descriptions of the law, to the approach that has made us present and use such descriptions. This shift of attention is suggested by the difficulties encountered in our attempts to agree upon any of the proposed descriptions. The book presents an alternative approach to law. With the alternative approach we must question the use of assuming that law is something we can describe in general terms. The alternative approach is also supported by a critique of some widely spread conceptions of meaning, truth and reality. By showing how a pragmatic conception of truth and reality can be consistent and how it helps us focus on the most relevant matters, these arguments offer additional reasons for the change of approach. This change can liberate practise of law from the grip of theorists trying to force law into a mould more appropriate in natural science. The use of philosophy and theory of law in legal practice is strongly questioned and the frequent need for profoundly difficult judgements is acknowledged.
Description / Table of Contents:
CONTENTS; Part I; 1 Introduction; 2 Legal Positivism and Real Entities; 2.1 Introduction; 2.2 The Expositor and the Censor; 2.3 Facts Underlying Prescription; 2.4 Law Treated as a Real Entity; 2.5 Description of the Real Entity; 2.6 Problems; 2.7 Utilitarianism; 2.8 Conclusion; 3 H.L.A. Hart and the Framework of Legal Thought; 3.1 Introduction; 3.2 Hart's Description; 3.3 Critical Observations regarding Hart's Descriptive Project; 3.4 Justification and Obligation; 4 Joseph Raz - the Social Thesis and the Sources Thesis; 4.1 Description; 4.2 Objections
Description / Table of Contents:
5 Ronald Dworkin and Restricted Legal Interpretation5.1 Introduction; 5.2 Outline of Dworkin's Theory; 5.3 Principles and Theoretical Disagreement; 5.4 The Separation of Principle and Policy; 5.5 Dworkin's Treatment of His Adversaries; 5.6 Evaluation of Dworkin's Argumentation; 5.7 Conclusion; Part II; 6 Common Approaches in Reasoning; 7 The Modernist Approach; 7.1 Distinguishing Traits; 7.2 The Distinguishing Ideas and Classical Philosophy; 7.3 Ideals for Description; 7.4 Realism and Anti-Realism; 8 Scepticism, Relativism, Perspectivism...
Description / Table of Contents:
8.1 A Postmodernist Alternative to the Modernist Approach?8.2 Historical Vestiges of the Approach; 8.3 Meaning and Truth; 9 Descriptive Theory of Law; 9.1 The Descriptive Ambition; 9.2 The Object Described by Descriptive Theory of Law; 9.3 Arguments for Description; 9.4 Value Judgements; 9.5 Conclusion; 10 Interpretation; 10.1 Introduction; 10.2 Stanley Fish; 11 The Quest for the Description of the Law; 11.1 Consensus about Law; 11.2 The Goal-Theory of Law; 11.3 Is and Ought; 11.4 Why Question the Quest?; Appendix; The Originality and Power of the Throwing Thrown; Compilation of Law Cases
Description / Table of Contents:
BibliographyIndex
Note:
Includes bibliographical references and index
DOI:
10.1007/978-3-540-70502-4
URL:
Volltext
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