The Autonomy of Law: Essays on Legal PositivismThis 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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Contents
Distinguishing Features | 1 |
Positivism as Pariah | 31 |
Does Positivism Matter? | 57 |
Laws Autonomy and Public Practical Reason | 79 |
The Separation Thesis | 119 |
The Concept of Law and The Concept of | 163 |
The Truth in Legal Positivism | 195 |
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Common terms and phrases
accept according action answer appears apply argue argument Authoritative authority basic believe called choice citizens claim clear common concept Concept of Law conclusion consider considerations constitutional course courts critical debate decisions defend definition determine directives discussion distinction duty example existence explain expressed fact follow force function further give Hart human idea identify important individual institutions intention internal interpretation issue judges judgment Jurisprudence justice justify kind law and morality law's least legal positivism legal system legislation limited matter meaning moral principles natural law necessary norms obey objectivity obligation officials Oxford particular Philosophy political positive positive law positivist possible practical reasoning practice Press principles problem question reasons reference regard relevant requires respect Review rule of recognition seems sense Separation social Sources standards suggested theory Thesis tion true understanding University validity
References to this book
Bibliographic information
| Title | The Autonomy of Law: Essays on Legal Positivism |
| Editor | Robert P. George |
| Edition | reprint |
| Publisher | Oxford University Press, 1999 |
| ISBN | 0198267908, 9780198267904 |
| Length | 339 pages |
| Subjects | › Law / General Political Science / History & Theory |
| Export Citation | BiBTeX EndNote RefMan |