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Utility, Publicity, and Law
  • Language: en
  • Pages: 337

Utility, Publicity, and Law

  • Type: Book
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  • Published: 2019-07-25
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  • Publisher: Unknown

A collection of essays reassessing Jeremy Bentham's strikingly original legal philosophy.

On the Law of Nature, Reason, and Common Law
  • Language: en

On the Law of Nature, Reason, and Common Law

"Gerald Postema presents the collected writings on legal, political, and moral theory of a key thinker of the 17th century, Sir Matthew Hale. Hale develops a unique and sophisticated account of the nature and foundations of common law, with extended reflections on natural law, moral and legal reasoning, and the legal limits of political authority"--Publisher's description.

Philosophy of Law as an Integral Part of Philosophy
  • Language: en
  • Pages: 343

Philosophy of Law as an Integral Part of Philosophy

  • Categories: Law

"This edited collection includes contributions from expert philosophers of law and considers the work of one of the most important legal philosophers of our time, Professor Gerald J Postema. The chapters dig deep into important camps of Postema's rich theoretical project including: - the value of the rule of law; - the ideal of integrity in adjudication; - his works on analogical reasoning; - the methodology of jurisprudence; - dialogues with Ronald Dworkin, Joseph Raz, Frederick Schauer and HLA Hart. It includes an original article by Professor Postema, in which he develops his conception of the rule of law and replies to some objections to previous works, and an interview in which he provides a fascinating and unique insight into his philosophy of law"--

Law's Rule
  • Language: en
  • Pages: 401

Law's Rule

The rule of law, once widely embraced and emulated, now faces serious threats to its viability. To get our bearings we must return to first principles. This book articulates and defends a comprehensive, coherent, and compelling conception of the rule of law and defends it against serious challenges to its intelligibility, relevance, and normative force. The rule of law's ambition, it argues, is to provide protection and recourse against the arbitrary exercise of power using the distinctive tools of the law. Law provides a bulwark of protection, a bridle on the powerful, and a bond constituting and holding together the polity and giving public expression to an ideal mode of association. Two p...

Bentham and the Common Law Tradition
  • Language: en
  • Pages: 577

Bentham and the Common Law Tradition

  • Categories: Law

Présentation de l'éditeur : "This second edition of a classic in Anglo-American legal philosophy reopens the dialogue between Bentham's work and contemporary legal philosophy. Gerald J. Postema revisits the themes of the first edition in light of the latest scholarly criticism and provides new insights into the historical-philosophical roots of international law"

A Treatise of Legal Philosophy and General Jurisprudence
  • Language: en
  • Pages: 633

A Treatise of Legal Philosophy and General Jurisprudence

Volume 11, the sixth of the historical volumes of A Treatise of Legal Philosophy and General Jurisprudence, offers a fresh, philosophically engaged, critical interpretation of the main currents of jurisprudential thought in the English-speaking world of the 20th century. It tells the tale of two lectures and their legacies: Oliver Wendell Holmes, Jr.’s “The Path of Law” (1897) and H.L.A. Hart’s Holmes Lecture, “Positivism and the Separation of Law and Morals” (1958). Holmes’s radical challenge to late 19th century legal science gave birth to a rich variety of competing approaches to understanding law and legal reasoning from realism to economic jurisprudence to legal pragmatism...

Bentham: Legal philosophy
  • Language: en
  • Pages: 568

Bentham: Legal philosophy

  • Type: Book
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  • Published: 2002
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  • Publisher: Unknown

None

Bentham: Moral and political philosophy
  • Language: en
  • Pages: 520

Bentham: Moral and political philosophy

Jeremy Bentham (1748-1832) was the modern father of utilitarian moral and political philosophy and positivism jurisprudence. Over an extraordinarily productive sixty-year career, he pursued his principle of utility into every corner of social life and outlined a utilitarian creed of remarkable scope and influence. In recent years, the philosophical foundations of his thought have been subjected to increasingly rich scholarly reassessment. These two volumes gather the most influential contributions to this reassessment including both classic articulations of orthodox interpretations and radical challenges to this orthodoxy. The first volume surveys investigations of Bentham's psychology, his theory of social welfare and the place of equality, justice and rights in it and his theories of liberty and democracy. The second volume explores Bentham's unique version of legal positivism, especially his critique of common law, his deontic logic and theory of evidence, his analysis of rights, duties and sovereignty and his utilitarian theories of punishment, codification and adjudication.

Philosophy and the Law of Torts
  • Language: en

Philosophy and the Law of Torts

When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.

Grief's Liturgy
  • Language: en
  • Pages: 131

Grief's Liturgy

At once a lament-psalm and a love song, Grief's Liturgy records Gerald Postema's work and worship of grief upon the loss of his wife, a year's work aided by the companions--poetry and prayers, icons and images, music and silence--that sat patiently with him. Structured around the liturgy of the Divine Office, reflections in each "hour" take on a distinctive expressive and emotional tone and fall into a jagged, broken rhythm over the course of each "day" yielding ultimately an understanding of the life-affirming necessity of grief.