Conceptual Jurisprudence: Methodological Issues, Classical Questions and New Approaches

Administrative / Constitutional Law

Conceptual Jurisprudence: Methodological Issues, Classical Questions and New Approaches

Edited by Jorge L. Fabra-Zamora · Gonzalo Villa Rosas
Springer-Verlag October 2021

Specifications

ISBN-13
9783030788025
Publisher
Springer-Verlag
Publication
October 2021
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Also available as

Paperback

Details

This book brings together leading legal theorists to present original philosophical work on the concept of law - the central question of jurisprudence.

It covers five broad topics: firstly it addresses debates concerning the methodology of jurisprudence. In Part II it focuses on the notion of a legal system and its coercive nature, while Part III explores the relationships between law and morality, the traditional point of contention between positivist and non-positivist theories of law. Part IV then examines questions regarding law’s normative character and relationships with practical reason. Lastly, the final part introduces two novel theoretical approaches to conceptual jurisprudence.

Table of Contents

Introduction: The Questions of Conceptual Jurisprudence
Part I. Methodological Questions
On the Concept of the Concept of Law
Re-evaluating the Value Neutral Approach
Part II. The Legal System as a Conceptual Tool
A Positivist Formulation of the Legal System
The Concept of Legal System Revisited
The Good, The Bad and the Puzzled: Coercion and Compliance
Part III. Law, Morality, and Normativity
Hard Cases and Legal Validity: Hart's Insights on the Internal Normativity of Law
Is Hart's Theory a form of Inclusive Legal Positivism?
Between Authority and Interpretation
The positivist account of lawyer's role: legal ethics and the concept of law
Law, Coordination Problems and Economy
Part IV. New Theoretical Approaches to Conceptual Jurisprudence
Law as an Expression of Adopted Justice
A Dilemma for Shapiro and Plunkett
Law's Virtual Empire: The Law-Game Analogy in the 21st Century
Complex Legal Constructivism
HKD 1,994.87

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Administrative / Constitutional Law

View all
The Referendum and Other Essays on Constitutional Politics
Hart Publishing

The Referendum and Other Essays on Constitutional Politics

Matt Qvortrup
HKD 517.01
Understanding Legislation: A Practical Guide to Statutory Interpretation
Hart Publishing

Understanding Legislation: A Practical Guide to Statutory Interpretation

Charlie Potter; David Lowe
HKD 1,765.40
Emergencies in Public Law: The Legal Politics of Containment
Cambridge University Press

Emergencies in Public Law: The Legal Politics of Containment

Karin Loevy
HKD 428.74
The Oxford Handbook of Comparative Constitutional Law
Oxford University Press

The Oxford Handbook of Comparative Constitutional Law

Michel Rosenfeld; András Sajó
HKD 2,522.00
Law as Religion, Religion as Law
Cambridge University Press

Law as Religion, Religion as Law

David C. Flatto; Benjamin Porat
HKD 1,311.44
Constitutional Law of the EU’s Common Foreign and Security Policy: Competence and Institutions in External Relations
Hart Publishing

Constitutional Law of the EU’s Common Foreign and Security Policy: Competence and Institutions in External Relations

Graham Butler
HKD 567.32