Educating Oneself in Public: Critical Essays in JurisprudenceOxford University Press, 2000 - 464 páginas The book is a sophisticated, detailed, and original examination of the main ideas that have dominated Anglo-American legal philosophy since the Second World War. The author critically probes such major themes as: whether there can be right answers to all disputed law cases; how laws and other rules impact on the practical rationality of actors subject to their authority; whether general principles justifying the law must themselves be thought of as part of the law binding on legal actors; the possibility of an interpretivist jurisprudence that is continuous with law practice in a given culture. Since the author has been a participant in many of the debates that made these issues central to late twentieth-century jurisprudence, he is in an excellent position to deepen our understanding of these matters. |
Conteúdo
Overview | 13 |
Introduction to The Concept of | 63 |
Harts Concluding Scientific Postscript | 103 |
Three Concepts of Rules | 109 |
Authority Law and Razian Reasons | 159 |
3 | 194 |
The Need for a Theory of Legal Theories | 209 |
Legal Principles Revisited | 223 |
Metaphysics Epistemology and Legal Theory | 261 |
Law as a Functional Kind | 301 |
A Turn for | 335 |
Interpreting Interpretation | 424 |
453 | |
Termos e frases comuns
Alexander and Kress argue argument authoritative rules behaviour beliefs Cambridge Chapter claim common law concept of law conventionalist conventions criticism debate decisions distinction epistemology example exclusionary reasons exist external fact first-order reasons Fish Fuller function functionalist give H. L. A. Hart Hart's Herbert Hart hermeneutics Ibid instrumentalists intention internal jurisprudence interpretation interpretivism interpretivist Joseph Raz judgements judges judicial jurisprudence justify kind Law's Empire legal philosophy legal positivism legal principles Legal Realists legal system legal theory logical metaphysical Moore moral realism Moral Reality Natural Law Theory normative objective reasons obligation ontology ordinary language philosophy overruling Oxford University Press plain meaning positivism practice propositions psychoanalysis question Raz's real rules reasons for action right answer Ronald Dworkin Rorty rule of recognition rules concept scepticism Schauer seek semantics sense social rules statutes Summers Summers's theorists theory of adjudication theory of justification things tion true truth words