Elements in Philosophy of Law – serie
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37 produkter
The Differentiation and Autonomy of Law
Häftad, 2023
406 kr
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This Element looks first at the fundamental principle of modernity that is the functional differentiation of society, and the emergence of autonomous, positive law. The careful architecture of differentiation, balance, and mutual performance between the legal, political and economic systems is …
The Place of Coercion in Law
Häftad, 2023
406 kr
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The question of whether coercion is a necessary or contingent feature of governance by law is a historically complex aspect of a venerable 'modalist' trend in jurisprudential thinking. The nature of the relation between law and coercion has been elaborated by means of a variety of modally qualified …
The Impasse of Constitutional Rights
Häftad, 2025
284 kr
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Constitutional rights are often seen as invitations to engage in all things considered moral reasoning about how public authorities should act. The Impasse of Constitutional Rights challenges this widely accepted view by showing that it generates an irresolvable deadlock between rival theories of …
The Materiality of the Legal Order
Häftad, 2022
284 kr
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This Element aims to explore how the relation between societal organisation and legal orders - the question of materiality - has been investigated in philosophy of law. The starting point of the Element is that such relation has often been left invisible or thematised in poor and reductive terms. …
Revisiting the Rule of Law
Häftad, 2023
284 kr
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This Element offers an accessible introduction to theoretical writing on the rule of law for anyone who wants to understand more about how we think and write about this central idea of legal and political thought. Part 1, 'Approaching the Rule of Law', examines the methods through which the idea of …
The Metaphysics of Legal Facts
Häftad, 2025
282 kr
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This Element tackles the question of how - in what way, and in virtue of what - facts about the legal properties and relations of particulars (such as their rights, duties, powers, etc.) are metaphysically explained. This question is divided into two separate issues. First, the Element focuses on …
The Moral Prerequisites of the Criminal Law
Legal Moralism and the Problem of Mala Prohibita
Av Ambrose Y. K. Lee, Alexander F. Sarch
Häftad, 2023
308 kr
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Modern states criminalise many actions that intuitively do not seem morally wrong, particularly in the context of regulating complex industries or activities. Are mala prohibita offences of this kind fundamentally mistaken? Many criminal law scholars have thought so and argued that conduct must be …
Content-Independence in Law
Possibility and Potential
Häftad, 2024
284 kr
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This Element examines the notion of content-independence and its relevance for understanding various aspects of the character of law. Its task should be understood expansively, as encompassing both inquiry into that which makes law into what it is, and inquiry into what law ought to be, which …
Legal Rights and Moral Rights
Häftad, 2025
308 kr
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In a short span, this Element will delineate the general nature of legal and moral rights and the general nature of the holding of rights, and it will also sketch the justificatory foundations of rights. Hence, the Element will treat of some major topics within legal, political, and moral …
Legal Personhood
Häftad, 2023
284 kr
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This Element presents the notion of legal personhood, which is a foundational concept of Western law. It explores the theoretical and philosophical foundations of legal personhood, such as how legal personhood is defined and whether legal personhood is connected to personhood as a general notion. …
Law's Language
Meaning and Normativity
Av Daniel Wodak
Häftad, 2025
260 kr
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The language of law includes normative or prescriptive terms such as 'obligation' and 'permission'. How do we explain the meaning of prescriptive legal language? This has long been regarded as a problem for positivists, since at first glance their view suggests we can derive an ought - a legal …
Sociological Approaches to Theories of Law
Häftad, 2022
276 kr
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Sociological Approaches to Theories of Law applies empirical insights to examine theories of law proffered by analytical jurisprudents. The topics covered include artifact legal theory, law as a social construction, idealized accounts of the function of law, the dis-embeddeness of legal systems, …
The Philosophy of Legal Proof
Av Lewis Ross
Häftad, 2024
284 kr
Lägg i varukorg
Criminal courts make decisions that can remove the liberty and even life of those accused. Civil trials can cause the bankruptcy of companies employing thousands of people, asylum seekers being deported, or children being placed into state care. Selecting the right standards when deciding legal …
The Normativity of Law
Häftad, 2024
308 kr
Lägg i varukorg
In the philosophy of law there has been a proliferation of advanced work in the last thirty years on the normativity of law. Recent theories explore law's character as a special kind of convention, shared cooperative activity, and social artifact, among other perspectives, to explain the precise …
Dignity and Rights
Häftad, 2025
308 kr
Lägg i varukorg
Dignity and rights are pervasive ideas. But how exactly should we understand them? Although philosophical theories of dignity and of rights typically proceed independently of each other, this Element treats them together. One advantage of doing so is that we can see a deeper unity underlying the …
The Nature of Authority
Häftad, 2025
308 kr
Lägg i varukorg
The Nature of Authority provides a comprehensive theory of the nature of authoritative guidance. It argues that the following claims exhaust the constitutive properties of authoritative tellings: authoritative tellings (1) tell subjects what to do; (2) give rise to reasons to comply; (3) are issued …
Contemporary Non-Positivism
Av Emad H. Atiq
Häftad, 2025
282 kr
Lägg i varukorg
This Element defends and clarifies the thesis that the legality of a system of rules depends on its moral features. Positivists who deny this dependence struggle to explain: (1) the traditional classification of moral norms as a form of a priori law; (2) judicial reliance on moral norms in legal …
Political Constitutions
Av Graham Gee, Grégoire Webber
Häftad, 2026
226 kr
Kommande
This Element explores the theory and practice of political constitutions, being those arrangements that prioritize political processes and institutions to secure democratic governance, the rule of law, and human rights. It traces this idea across three inquiries into how to describe a constitution, …
The Moral Prerequisites of the Criminal Law
Legal Moralism and the Problem of Mala Prohibita
Av Ambrose Y. K. Lee, Alexander F. Sarch
Inbunden, 2023
911 kr
Lägg i varukorg
Modern states criminalise many actions that intuitively do not seem morally wrong, particularly in the context of regulating complex industries or activities. Are mala prohibita offences of this kind fundamentally mistaken? Many criminal law scholars have thought so and argued that conduct must be …
The Differentiation and Autonomy of Law
Inbunden, 2023
1202 kr
Lägg i varukorg
This Element looks first at the fundamental principle of modernity that is the functional differentiation of society, and the emergence of autonomous, positive law. The careful architecture of differentiation, balance, and mutual performance between the legal, political and economic systems is …
Legal Personhood
Inbunden, 2023
838 kr
Lägg i varukorg
This Element presents the notion of legal personhood, which is a foundational concept of Western law. It explores the theoretical and philosophical foundations of legal personhood, such as how legal personhood is defined and whether legal personhood is connected to personhood as a general notion. …
Content-Independence in Law
Possibility and Potential
Inbunden, 2024
838 kr
Lägg i varukorg
This Element examines the notion of content-independence and its relevance for understanding various aspects of the character of law. Its task should be understood expansively, as encompassing both inquiry into that which makes law into what it is, and inquiry into what law ought to be, which …
The Philosophy of Legal Proof
Av Lewis Ross
Inbunden, 2024
820 kr
Lägg i varukorg
Criminal courts make decisions that can remove the liberty and even life of those accused. Civil trials can cause the bankruptcy of companies employing thousands of people, asylum seekers being deported, or children being placed into state care. Selecting the right standards when deciding legal …
The Nature of Authority
Inbunden, 2025
911 kr
Lägg i varukorg
The Nature of Authority provides a comprehensive theory of the nature of authoritative guidance. It argues that the following claims exhaust the constitutive properties of authoritative tellings: authoritative tellings (1) tell subjects what to do; (2) give rise to reasons to comply; (3) are issued …
Contemporary Natural Law Jurisprudence
Inbunden, 2026
911 kr
Lägg i varukorg
Natural law theory is a major contemporary school of philosophy of law. This Element provides a critical overview of recent lines of thought in this tradition. Section 1 considers the defining claims of natural law jurisprudence, including strong and weak natural law views. Sections 2 to 5 examine …
Contemporary Natural Law Jurisprudence
Häftad, 2026
308 kr
Lägg i varukorg
Natural law theory is a major contemporary school of philosophy of law. This Element provides a critical overview of recent lines of thought in this tradition. Section 1 considers the defining claims of natural law jurisprudence, including strong and weak natural law views. Sections 2 to 5 examine …
The Impasse of Constitutional Rights
Inbunden, 2025
838 kr
Lägg i varukorg
Constitutional rights are often seen as invitations to engage in all things considered moral reasoning about how public authorities should act. The Impasse of Constitutional Rights challenges this widely accepted view by showing that it generates an irresolvable deadlock between rival theories of …
Contemporary Non-Positivism
Av Emad H. Atiq
Inbunden, 2025
911 kr
Lägg i varukorg
This Element defends and clarifies the thesis that the legality of a system of rules depends on its moral features. Positivists who deny this dependence struggle to explain: (1) the traditional classification of moral norms as a form of a priori law; (2) judicial reliance on moral norms in legal …
Dignity and Rights
Inbunden, 2025
892 kr
Lägg i varukorg
Dignity and rights are pervasive ideas. But how exactly should we understand them? Although philosophical theories of dignity and of rights typically proceed independently of each other, this Element treats them together. One advantage of doing so is that we can see a deeper unity underlying the …
The Normativity of Law
Inbunden, 2024
911 kr
Lägg i varukorg
In the philosophy of law there has been a proliferation of advanced work in the last thirty years on the normativity of law. Recent theories explore law's character as a special kind of convention, shared cooperative activity, and social artifact, among other perspectives, to explain the precise …
