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Conklin's thesis is that the tradition of modern legal positivism, beginning with Thomas Hobbes, postulated different senses of the invisible as the authorising origin of humanly posited laws. Conklin re-reads the tradition by privileging how the canons share a particular understanding of legal language as written. Leading philosophers who have espoused the tenets of the tradition have assumed that legal language is written and that the authorising origin of humanly posited rules/norms is inaccessible to the written legal language. Conklin's re-reading of the tradition teases out how each of these leading philosophers has postulated that the authorising origin of humanly posited laws is an u...
A comprehensive analysis of the international political pronouncements of John Stuart Mill: the pre-eminent thinker of the liberal tradition.
Many legal theorists maintain that laws are effective because we internalize them, obeying even when not compelled to do so. In a comprehensive reassessment of the role of force in law, Frederick Schauer disagrees, demonstrating that coercion, more than internalized thinking and behaving, distinguishes law from society’s other rules. Reinvigorating ideas from Jeremy Bentham and John Austin, and drawing on empirical research as well as philosophical analysis, Schauer presents an account of legal compliance based on sanction and compulsion, showing that law’s effectiveness depends fundamentally on its coercive potential. Law, in short, is about telling people what to do and threatening the...
Continuation of hearings on proposed changes to administrative provisions of the Revenue Code. Focuses on the taxation of farmers cooperatives, pt.4; Includes "Federal Estate and Gift Taxes. A Proposal for Integration and for Correlation with Income Tax," Advisory Committee to Treas Dept on Estate and Gift Taxation (p. 3798-3973), pt.5.
Hearing includes. a. "Report on Corporate Distributions and Adjustments," by Advisory Group on Subchapter C of the Internal Revenue Code, Dec. 24, 1957 (p. 2491-2574). b. "Revised First Report on Estates, Trusts, Beneficiaries, and Decedents," by Advisory Group on Subchapter J of the Internal Revenue Code, Nov. 22, 1957 (p. 2693-2757). c. "Legislative Recommendations," by section on taxation, ABA, 1957 (p. 2827-2897). d. "Recommendations for Amendments to the Internal Revenue Code," by American Institute for Certified Public Accountants, committee on taxation, Feb. 3, 1958 (p. 2901-2950).
Cosgrove (history, U. of Arizona) traces the gradual divorce of legal theory from legal history since the 18th century, and argues that in the 20th century it has become more narrow and elitist the more theorists strive to make it relevant to legal practice. The solution, he says, is for jurisprudence to return to its interdisciplinary roots and draw from the insights of economics, politics, and sociology. Annotation copyright by Book News, Inc., Portland, OR