Legality - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Legality write by Scott J. Shapiro. This book was released on 2013-09-02. Legality available in PDF, EPUB and Kindle. What is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H. L. A. Hart. Yet many others find it perplexing. How could we possibly know how to answer such an abstract question? And what would be the point of doing so? In Legality, Scott Shapiro argues that the question is not only meaningful but vitally important. In fact, many of the most pressing puzzles that lawyers confront—including who has legal authority over us and how we should interpret constitutions, statutes, and cases—will remain elusive until this grand philosophical question is resolved. Shapiro draws on recent work in the philosophy of action to develop an original and compelling answer to this age-old question. Breaking with a long tradition in jurisprudence, he argues that the law cannot be understood simply in terms of rules. Legal systems are best understood as highly complex and sophisticated tools for creating and applying plans. Shifting the focus of jurisprudence in this way—from rules to plans—not only resolves many of the most vexing puzzles about the nature of law but has profound implications for legal practice as well. Written in clear, jargon-free language, and presupposing no legal or philosophical background, Legality is both a groundbreaking new theory of law and an excellent introduction to and defense of classical jurisprudence.
The Power of Legality
The Power of Legality - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Power of Legality write by Nikolas Rajkovic. This book was released on 2016-07-28. The Power of Legality available in PDF, EPUB and Kindle. Legality today commands substantial currency in world affairs, and this volume examines the struggle over its meaning in diverse practices.
Limits of Legality
Limits of Legality - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Limits of Legality write by Jeffrey Brand-Ballard. This book was released on 2010. Limits of Legality available in PDF, EPUB and Kindle. Judges sometimes hear cases in which the law, as they honestly understand it, requires results that they consider morally objectionable. Most people assume that, nevertheless, judges have an ethical obligation to apply the law correctly, at least in reasonably just legal systems. This is the view of most lawyers, legal scholars, and private citizens, but the arguments for it have received surprisingly little attention from philosophers. Combiming ethical theory with discussions of caselaw, Jeffrey Brand-Ballard challenges arguments for the traditional view, including arguments from the fact that judges swear oaths to uphold the law, and arguments from our duty to obey the law, among others. He then develops an alternative argument based on ways in which the rule of law promotes the good. Patterns of excessive judicial lawlessness, even when morally motivated, can damage the rule of law. Brand-Ballard explores the conditions under which individual judges are morally responsible for participating in destructive patterns of lawless judging. These arguments build upon recent theories of collective intentionality and presuppose an agent-neutral framework, rather than the agent-relative framework favored by many moral philosophers. Defying the conventional wisdom, Brand-Ballard argues that judges are not always morally obligated to apply the law correctly. Although they have an obligation not to participate in patterns of excessive judicial lawlessness, an individual departure from the law so as to avoid an unjust result is rarely a moral mistake if the rule of law is otherwise healthy. Limits of Legality will interest philosophers, legal scholars, lawyers, and anyone concerned with the ethics of judging.
Liberal Legality
Liberal Legality - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Liberal Legality write by Lewis D. Sargentich. This book was released on 2018-04-19. Liberal Legality available in PDF, EPUB and Kindle. In his new book, Lewis D. Sargentich shows how two different kinds of legal argument - rule-based reasoning and reasoning based on principles and policies - share a surprising kinship and serve the same aspiration. He starts with the study of the rule of law in life, a condition of law that serves liberty - here called liberal legality. In pursuit of liberal legality, courts work to uphold people's legal entitlements and to confer evenhanded legal justice. Judges try to achieve the control of reason in law, which is manifest in law's coherence, and to avoid forms of arbitrariness, such as personal moral judgment. Sargentich offers a unified theory of the diverse ways of doing law, and shows that they all arise from the same root, which is a commitment to liberal legality.
Legality and Legitimacy
Legality and Legitimacy - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Legality and Legitimacy write by Carl Schmitt. This book was released on 2004-02-26. Legality and Legitimacy available in PDF, EPUB and Kindle. DIVFirst English-language translation of one of Schmitt’s major works, providing a missing link in the oeuvre of this influential and controversial political theorist./div
