primary and secondary rules, hart

This is a philosophical but non-technical analysis of the very idea of a rule. This is the most comprehensive book ever published on philosophical methodology. A team of leading philosophers present original essays on various aspects of how philosophy should be and is done. Found insideThe Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts. In this book, some of the foremost specialists in the field make significant contributions to this debate. In the first part, the concept of convention is analysed. This book briefly reviews the historic significance of that debate and demonstrates how Hart paves the way for an enlightened analysis of the tenuous relationship between law and morality. This book presents and evaluates theoretical approaches to 'pluralist jurisprudence' and assesses the viability of theorising law extending beyond the state. In this third edition, Leslie Green provides a new introduction that sets the book in the context of subsequent developments in social and political philosophy, clarifying misunderstandings of Hart's project and highlighting central ... This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book. This textbook provides an introduction to and analysis of the major theories and controversies of jurisprudence. Found insideThis volume is the biography of H.L.A. Hart, the pre-eminent legal philosopher of the 20th century. This book presents the far-reaching argument that not only should we have a new world order but that we already do. Anne-Marie Slaughter asks us to completely rethink how we view the political world. This volume examines power-sharing agreements, their legitimacy and their compatibility with human rights law. Often, however, this answer is qualified by adding ' providing that the majority decision does not violate individual rights.' In this book Jeremy Waldron has revisited and thoroughly revised thirteen of his most recent essays. This volume contains the opinions of the great jurist Hermann Kantorowicz on various fundamental questions of law and the bounds of legal science. Royal assent, 19th July 1995 This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the ... Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years. In this substantially revised second edition, Neil MacCormick delivers a clear and current introduction to the life and works of H.L.A. Hart, noted Professor of Jurisprudence at Oxford University from 1952 to 1968. Found insideThis classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. International Legal Positivism in a Post-Modern World provides fresh perspectives on one of the most important and most controversial families of theoretical approaches to the study and practice of international law. Matthew Kramer argues that moral principles can enter into the law of any jurisdiction, yet reaffirms the legal positivist argument that law and morality are separable. Legality is a profound work in analytical jurisprudence, the branch of legal philosophy which deals with metaphysical questions about the law. Found insideIn this monograph, Peeler looks at the text and negotiations around the 1949 Geneva Conventions and the Protocols Additional to the Geneva Conventions from 1977 to demonstrate the many places where international humanitarian law maintains ... This collection, however, although rooted in feminist legal scholarship, takes the established canon of legal texts as the object of inquiry. This book argues that this approach is misconceived, and proposes a new model of treaty compliance. Copyright © Libri GmbH. All rights reserved. This is followed by a consideration of how judges ought to do their job when interpreting and whether the rule of law ideal differs from rule by judges. The last part of the book focuses explicitly on bills of rights. This third edition features a new introduction by Leslie Green, looking at Hart's work from the perspective of modern jurisprudence. Found insideThis volume - the first in a three volume series - aims not only to fill that gap but also propose a systematic agenda for future work. Found inside – Page 46In the following section we will briefly outline Hart's model of the union between primary and secondary rules of law , as far as it is relevant to the ... Found inside – Page 60Chief among secondary rules is the rule of recognition, which specifies what is to count as a primary or secondary rule.5 Hart considers the rule of ... Found inside – Page 51Our task now is to understand this better . Law as the union of primary and secondary rules H. L. A. Hart's theory of law , currently the most ... This book is the first authoritative text on virtue jurisprudence - the belief that the final end of law is not to maximize preference satisfaction or protect certain rights and privileges, but to promote human flourishing. Kelsen, Hans. Pure Theory of Law. Translation from the Second German Edition by Max Knight. Berkeley: University of California Press, 1967. x, 356 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-578-5. In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. Found insideOffers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics. Tort law recognizes the many ways one person wrongs another. Arthur Ripstein brings coherence to torts’ diversity in a philosophically grounded, analytically powerful theory. 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. First published in 1917 (Part 1) and 1918 (Part 2), with a second edition in 1946, this is the first English translation of Santi Romano’s classic work, L’ordinamento giuridico (The Legal Order). With over sixty cases as support, this text presents the philosophy of law as a perpetual series of debates with overlapping lines and cross connections. Of convention is analysed answer is qualified by adding ' providing that the majority decision not... Volume contains the opinions of the most, their legitimacy and their with! 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