A Treatise of Legal Philosophy and General Jurisprudence: by Gerald J. Postema

By Gerald J. Postema

Written from either a theoretical and a old viewpoint, this quantity discusses concerns in criminal philosophy and common jurisprudence. geared toward jurists in addition to felony and useful philosophers, the textual content comprises ancient and theoretical ideas, in addition to the improvement of felony proposal.

Show description

Read or Download A Treatise of Legal Philosophy and General Jurisprudence: Volume 11: Legal Philosophy in the Twentieth Century: The Common Law World PDF

Best law books

The Odd Clauses: Understanding the Constitution through Ten of Its Most Curious Provisions

An leading edge, insightful, usually funny examine the Constitution’’s lesser-known clauses, supplying a clean viewpoint at the document’s relevance this present day

For a number of purposes, the various Constitution’s extra vague passages by no means make it to any court docket and accordingly by no means make headlines or maybe legislations university study rooms, which educate from judicial judgements. during this attractive and witty booklet, Jay Wexler attracts on his broad specialist and academic backgrounds in constitutional legislation to illustrate how those “odd clauses” have fabulous relevance to our lives, our government’s constitution, and the integrity of our democracy.

“I love this e-book. it's, think it or no longer, an completely wonderful constitutional legislations booklet. i'm blown away through Wexler's comedic abilities and his skill to make the often dry material so humorous and readable. ”—Gary Gulman, Finalist, final comedian status and visitor, past due evening With David Letterman and The this night Show

“In Holy Hullabaloos, Jay Wexler took us alongside on what he referred to as a "road trip" to a couple of crucial areas attached to the 1st Amendment's faith clauses. This time, within the atypical Clauses, Wexler exits off the street to take us on a travel of a few again roads of constitutional legislations: locations students and the general public seldom stopover at just like the invoice of Attainder Clause or the 3rd modification (which prohibits quartering of troops in deepest homes in the course of peacetime, if you didn't recognize. ) the result's magical: you'll have rather a lot enjoyable analyzing approximately those unsung constitutional provisions that you just won't observe till the journey is over how a lot you've discovered. ”— Pamela S. Karlan, Kenneth and Harle Montgomery Professor of Public curiosity Law

“The ebook presents a clean vantage aspect from which to think about the structure. ”—Choice Magazine

“Professor Wexler dispenses his services at the structure with a gentle contact, offering many lasting insights and some stomach laughs alongside the best way. What a satisfaction to find that our founding record isn't just superb, yet brilliantly bizarre. ”—Ben H. Winters, writer of experience and Sensibility and Sea Monsters

“A know-it-all's treasure trove, a cupboard of constitutional curiosities, The unusual Clauses touches down on NASA, Ellis Island, even Saturday evening stay. Jay Wexler is brilliantly snarky, erudite and comedic. ”—Julianna Baggott, writer of lady speak and Pure

“The maniacs who run the fashionable American political approach look decided to lessen our structure to a electoral fetish item. Thank God, then, that we've got Jay Wexler, whose clever and humorous treatise reminds us that the structure is, just like the males who drafted it, marvelous yet imperfect. I discovered extra interpreting this ebook than in my complete university occupation. This isn't asserting a lot given my collage occupation, I notice. yet I now plan to wait legislation institution. It's that stable. ”—Steve Almond, writer of Candyfreak and God Bless the United States

Law of the Sea in Dialogue

The interrelation among various fields of public overseas legislation has specific relevance for the systematic figuring out of foreign legislations. The e-book includes a choice of essays at the legislation of the ocean and its interdependencies with different present felony problems with international significance. the problem of the connection among international warming and legislation of the ocean issues are one concentration.

Extra info for A Treatise of Legal Philosophy and General Jurisprudence: Volume 11: Legal Philosophy in the Twentieth Century: The Common Law World

Sample text

Objections came from two quarters. Bryce clearly summed up the first line of criticism, which arose from within the ranks of analytic jurisprudence, when he wrote: In mature States where there exist public authorities regularly exercising legislative functions, most laws do not belong in their form or their meaning to the category of commands. In order to make them seem commands a forced and unnatural sense must be put upon them, by representing the State as directly ordering everything to which it is prepared to give effect.

Anticipating Hart’s familiar challenge (Hart 1994, 71–8), Bryce asked where, for example, the sovereign resides in the dual state of the Austro-Hungarian monarchy (Bryce 1901, 538–9). Even more pointedly, he asked who is to be deemed sovereign in the United States (Bryce 1901, 539–40; compare Salmond 1924, 530). All the governing bodies are said to be subordinate to the Constitution, but the Constitution is not a determinate person or body of persons, and the only eligible such body of persons is the people of the states, but they do not act regularly.

2 CHAPTER 1 - ANALYTIC JURISPRUDENCE ESTABLISHED 9 forcement is a necessary condition of the existence of a legal system, but rejected the Austinian assumption that coercion is a necessary feature of each law. Other critics, notably William Galbraith Miller, pressed a more fundamental criticism. Against those who put state enforcement institutions at the foundations of law, Miller argued that this focus distorts our understanding of law’s fundamental mode of operation. “The error of supposing that law is only involved in cases of contentions between men,” he wrote, “is as great as if we supposed that nobody but a dyspeptic had a stomach or a liver” (Miller 1884, 22).

Download PDF sample

Rated 4.08 of 5 – based on 38 votes