Judging positivism / Margaret Martin.

Format:

Book

Author/Creator:

Martin, Margaret (Law teacher), author.

Language:

English

Subjects (All):

Raz, Joseph.

Legal positivism.

Law--Philosophy.

Law.

Physical Description:

1 online resource (200 p.)

Place of Publication:

Oxford, England ; Portland, Oregon : Hart Publishing, 2014.

Language Note:

English

Summary:

'Judging Positivism' is a critical exploration of the method and substance of legal positivism. The book focuses primarily but not exclusively on the writings of prominent legal positivist Joseph Raz. Martin argues that Raz's theory has changed over time and that these changes have led to deep inconsistencies and incoherencies in his account.

Contents:

Cover; Half-title; Title; Copyright; Dedication; Preface; Acknowledgements; Contents; 1. Setting the Stage: Practical Reason and Norms Reconsidered; I. Practical Reason and Norms and Exclusionary Reasons; II. Exclusionary Reasons and the Legal Sphere: Issues of Method and Substance; III. Between Chaos and Order: Judges as Wielders of Our Collective Fate; IV. Common Law Systems: A Counter-Example; 2. Between Fact and Value; I. The Sources Thesis Defined and Defended; II. Raz's Rule-Plus-Exception Model; III. Casting Law in a New Light; IV. Identifying Rules: A Herculean Task

V. Between Fact and Value3. The Perils of Positivism: Why Raz becomes a Realist; I. Law's Autonomy Considered and Reconsidered; II. Legal Rights and Legal Realism; III. Back to the Settled Core; IV. Law's Claim to Authority: Raz's Way Out?; V. A Story about Law and Order Retold; 4. Raz's The Morality of Freedom: Two Models of Authority; I. Raz's Focal Concept of Authority; II. The Analogy of the Arbitrator: From Consent to Normal Justification; III. Pre-emption versus Normal Justification: Seeking Coherence; IV. Methodology: The Source of the Tension?

V. Co-ordination Problems and Razian Authority5. Law as Public Practical Reasons Revisited; I. The Sources Thesis: Defined and Redefined; II. Sources, Certainty, and Public Practical Reasons; III. The Weak Autonomy Thesis; IV. The Sources Thesis and Interpretation: Nuance or Nuisance?; V. Why Reason like Raz?; VI. Law and Order: Some Reflections on Method; 6. The Path Not Taken; I. Hart and the Internal Aspect of Rules; II. A Little Help from Holmes; III. Between Chaos and Legality: The Sources of Certainty; IV. Content Matters; V. Is Law Merely Conventional?

7. The Raz-Postema Debate DeconstructedLaw as Public Practical Reason: Raz versus Postema; A. Law's Ultimate Aspiration is Justice; B. Law's Overarching Function; C. The Autonomy Thesis; D. The Limited Domain Thesis; E. The Argument from Co-operation; F. Methodology and Law's Importance; G. The Relationship between the Pre-emption Thesis and the Sources Thesis; H. The Certainty Thesis; I. The Sources Thesis; J. The Pre-emption Thesis; Index

Notes:

Includes index.

Description based on print version record.

ISBN:

9781782251781

1782251782