This collection of original papers from distinguished legal theorists offers a challenging assessment of the nature and viability of legal positivism, a branch of legal theory which continues to dominate contemporary legal theoretical debates. To what extent is the law adequately described as autonomous? Should law claim autonomy? These and other questions are addressed by the authors in this carefully edited collection, and it will be of interest to all lawyers and scholars interested in legal philosophy and legal theory.
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About the Author
Robert George is Professor of Law at Princeton University. He is a former Judicial Fellow at the Supreme Court of the United States and presidential Appointee to the United States Commission on Civil Rights
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4.0 out of 5 stars
Worthy expositions on theoretical frameworks of the purpose of law,
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This review is from: The Autonomy of Law: Essays on Legal Positivism (Paperback)
Though this book comes at a seemingly hefty price tag, I believe it is a testament to the thorough diligence of dedicated and intelligent scholars of jurisprudence committing a quite sophisticated and thorough collection of essays on legal positivism.Edited by the renowned expert of Constitutional Law Robert George of Princeton University, this array of essays presents an eclectic scope of perspectives regarding legal positivism. The precise association of law and morality remains for many people one of the most central issues in the theory of law, and these authors successfully (though certainly not simplistically) dissect the traditionally salient theories of this association, as well as the debates accompanying those theories. Inserting their own criticisms as well, their expositions can be often dense, wordy, and even pedantic at times, but the reader simply must apply the same diligence in discerning the arguments that the authors exercised in constructing them. Professors in law and philosophy tend not to dumb down their material. Two of the more appealing essays for me were discussions on the importance of legal positivism in today's courtrooms contrasted with its importance in yesterday's law journals, and the related (though different) Autonomy Thesis of law: which is examined with regards to its worth in framing the concept and function of law. In the end, an impressive overview.
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Inside This Book
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First Sentence:
My little draws from the asinine saying that 'one can never be too rich or too thin'. Read the first page Key Phrases - Capitalized Phrases (CAPs): (learn more)
Autonomy Thesis, Fallibility Thesis, The Authoritative Intention Thesis, Clarendon Press, Neutrality Thesis, New York, Oxford University Press, Joseph Raz, United States, Harvard University Press, Law's Empire, Harvard Law Review, John Finnis, The Morality of Freedom, Oxford Journal of Legal Studies, Ronald Dworkin, American Journal of Jurisprudence, Michigan Law Review, Pure Theory of Law, Basil Blackwell, Institutionalized Autonomy Theory, Libros Sententiarum, Lon Fuller, Neutral-Content Thesis, Neutral-Rationale Thesis New!
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Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
My little draws from the asinine saying that 'one can never be too rich or too thin'. Read the first page Key Phrases - Capitalized Phrases (CAPs): (learn more)
Autonomy Thesis, Fallibility Thesis, The Authoritative Intention Thesis, Clarendon Press, Neutrality Thesis, New York, Oxford University Press, Joseph Raz, United States, Harvard University Press, Law's Empire, Harvard Law Review, John Finnis, The Morality of Freedom, Oxford Journal of Legal Studies, Ronald Dworkin, American Journal of Jurisprudence, Michigan Law Review, Pure Theory of Law, Basil Blackwell, Institutionalized Autonomy Theory, Libros Sententiarum, Lon Fuller, Neutral-Content Thesis, Neutral-Rationale Thesis New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Citations (learn more)
This book cites 100
books:
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47
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- The Concept of Law (Clarendon Law Series) by H. L. A. Hart on 29 pages
- The Authority of Law by Joseph Raz on 16 pages
- Natural Law, Vol. 1 (The International Library of Essays in Law & Legal Theory, Schools 1.1) by John Finnis on 14 pages
- Natural Law and Natural Rights (Clarendon Law Series) by John Finnis on 13 pages
- The Morality of Freedom by Joseph Raz on 11 pages
See all 100 books this book cites
- Hart's Postscript: Essays on the Postscript to The Concept of Law by Jules Coleman on 8 pages
- The Invisible Origins of Legal Positivism: A Re-Reading of a Tradition (Law and Philosophy Library) by W.E. Conklin on 7 pages
- The Blackwell Guide to the Philosophy of Law and Legal Theory (Blackwell Philosophy Guides) by Martin P. Golding on 5 pages
- The Language of Liberal Constitutionalism by Howard Schweber on 4 pages
- The Blackwell Guide to the Philosophy of Law and Legal Theory (Blackwell Philosophy Guides) by Martin P. Golding on 4 pages
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