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The Nature of Law: A Philosophical Inquiry

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The Nature of Law: A Philosophical Inquiry

The Nature of Law: A Philosophical Inquiry

Author: Stefan Sciaraffa
Publisher: Routledge
ISBN: 9780415890007
Published In: August 2027
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 2,015.00

HKD 1,954.55 Save HKD 60.45 (3%)

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Description
Contents

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This book is an attempt to provide a philosophical answer to the simple question, "What is the law?" as well as address the various debates this question has spawned. Along the way, it develops a unique position within analytic jurisprudence by carefully distinguishing between a theory of the nature of a legal system and a theory of the nature of legal content (that is, of individual laws). Finally, it applies the framework established in the first part of the book to two substantive areas within legal theory: legal reasoning and international legal systems.

The result is a unique introduction to the philosophy of law, one that presents and tests a theory of analytic jurisprudence, while it introduces students and others to this sub-field of philosophy. It explains and clarifies for students the views of the most significant scholars in the philosophy of law—those of H.L.A. Hart, Hans Kelsen, Joseph Raz, Ronald Dworkin, and John Finnis—and offers a critique of each. This approach should appeal to all types of philosophers--students and scholars alike--who are wary of wading into the field of legal theory as well as philosophers of law who wouldn’t find useful or interesting a mere survey of the field.

Introduction

Part I: Methodology and the Social Facts of Law

Chapter 1: Conceptual Analysis and the Naturalist Challenge

Chapter 2: Hermeneutic Objects

Part II: Law and Morality

Chapter 3: Theories of Legal Systems

Chapter 4: Theories of Legal Content: Debates within Positivism

Chapter 5: Theories of Legal Content: Positivism, Natural Law, and Post-Positivism

Part III: Legal Reasoning

Chapter 6: The Autonomy of Legal Reasoning

Chapter 7: Constitutionalism

Part IV: International Law

Chapter 8: International Law

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