“tag:jurisprudence”
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The Concept of Law [图书] 豆瓣 Goodreads
The Concept of Law (Clarendon Law Series)
作者: HLA Hart / Leslie Green Oxford University Press 2012 - 12
Fifty years on from its original publication, HLA Hart's The Concept of Law is widely recognized as the most important work of legal philosophy published in the twentieth century, and remains the starting point for most students coming to the subject for the first time. 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 tensions and problems in the work.
博登海默法理学 [图书] 豆瓣
作者: 博登海默 译者: 潘汉典 法律出版社 2015 - 1
《博登海默法理学》是美国法学家博登海默于1940年出版的《法理学》第一版,原书第二版于1962年出版,第三版于1974年出版(第二、三版均更名为《法理学:法哲学及其方法》)。国内1987年由华夏出版社出版了姬敬武、邓正来翻译的该书第三版,在国内引起巨大反响,为当时法理学启蒙读物。本书第一版国内罕见。作者在第一版表达了更鲜明的立场、更犀利的观点和更自洽的思路,与后两版教科书式的叙述风格明显不同。译者潘汉典1947年已完整翻译该书,此次出版只对文字做了个别修订。
译著的出版为研究博登海默个人经历及法学思想提供了珍贵的文献;译著在博登海默原著出版不久就在中国大陆得以完成,反映了民国时期东吴法学院与美国法学保持同步的学术水准。
Law [图书] 豆瓣
作者: Raymond Wacks Oxford University Press 2008 - 3
Law underlies our society - it protects our rights, imposes duties on each of us, and establishes a framework for the conduct of almost every social, political, and economic activity. The punishment of crime, compensation of the injured, and the enforcement of contracts are merely some of the tasks of a modern legal system. It also strives to achieve justice, promote freedom, and protect our security. The result is a system that, while it touches all of our daily lives, is properly understood by only a few, with its impenetrable jargon, obsolete procedures, and interminable stream of Byzantine statutes and judgments of the courts. This clear, jargon-free Very Short Introduction aims to redress that balance, as it introduces the essentials of law and legal systems in a lively, accessible, and stimulating manner. Explaining the main concepts, terms, and processes of the legal system, it focuses on the Western tradition (the common law and the civil law), but also includes discussions of other legal systems, such as customary law and Islamic law. And it looks to the future too, as globalization and rapid advances in technology place increasing strain on our current legal system.
The Philosophy of Law [图书] 豆瓣
作者: Raymond Wacks Oxford University Press 2006 - 6
The concept of law lies at the heart of our social and political life, shaping the character of our community and underlying issues from racism and abortion to human rights and international war. But what actually is law? A set of naturally occurring moral principles, or simply rules agreed by a particular society? What is a 'right' and what rights should people actually have? Is law really colour-blind and gender-blind? Can the law truly tell us whether gay marriages are immoral, what's wrong with racism, or whether we should go to war? Revealing the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, Raymond Wacks explores the notion of law and its role in our lives. Referring to key thinkers from Aristotle to Rawls, Bentham, Dworkin, H.L.A. Hart and Derrida, he looks at the central questions behind legal theory that have fascinated lawyers and philosophers - and anyone - who ever wondered about law's relation to justice, morality, and democracy.
Practical Reason and Norms [图书] 豆瓣
作者: Joseph Raz Oxford University Press 1999
In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? Joseph Raz answers these three questions by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity.
Justice in Transactions [图书] 豆瓣
作者: Justice in Transactions Belknap Press 2019 - 11
Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions.
Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liber
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