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Conceptual Jurisprudence : Methodological Issues, Classical Questions and New Approaches / edited by Jorge Luis Fabra-Zamora, Gonzalo Villa Rosas.
Springer Nature - Springer Law and Criminology eBooks 2021 English International Available online
Springer Nature - Springer Law and Criminology eBooks 2021 English International- Format:
- Book
- Series:
- Law and Philosophy Library, 2215-0315 ; 137
- Language:
- English
- Subjects (All):
- Law--Philosophy.
- Law.
- Law--History.
- Theories of Law, Philosophy of Law, Legal History.
- Philosophy of Law.
- Local Subjects:
- Theories of Law, Philosophy of Law, Legal History.
- Philosophy of Law.
- Physical Description:
- 1 online resource (315 pages)
- Edition:
- 1st ed. 2021.
- Place of Publication:
- Cham : Springer International Publishing : Imprint: Springer, 2021.
- Summary:
- This book brings together leading legal theorists to present original philosophical work on the concept of law - the central question of jurisprudence. It covers five broad topics: firstly it addresses debates concerning the methodology of jurisprudence. In Part II it focuses on the notion of a legal system and its coercive nature, while Part III explores the relationships between law and morality, the traditional point of contention between positivist and non-positivist theories of law. Part IV then examines questions regarding law’s normative character and relationships with practical reason. Lastly, the final part introduces two novel theoretical approaches to conceptual jurisprudence.
- Contents:
- Introduction: The Questions of Conceptual Jurisprudence
- Part I. Methodological Questions
- On the Concept of the Concept of Law
- Re-evaluating the Value Neutral Approach
- TBD
- Part II. The Legal System as a Conceptual Tool
- A Positivist Formulation of the Legal System
- The Concept of Legal System Revisited
- The Good, The Bad and the Puzzled: Coercion and Compliance
- Part III. Law, Morality, and Normativity
- Hard Cases and Legal Validity: Hart’s Insights on the Internal Normativity of Law
- Is Hart’s Theory a form of Inclusive Legal Positivism?
- Between Authority and Interpretation
- The positivist account of lawyer’s role: legal ethics and the concept of law
- Law, Coordination Problems and Economy
- Part IV. New Theoretical Approaches to Conceptual Jurisprudence
- Law as an Expression of Adopted Justice
- A Dilemma for Shapiro and Plunkett
- Law’s Virtual Empire: The Law-Game Analogy in the 21st Century
- Complex Legal Constructivism.
- ISBN:
- 3-030-78803-2
- OCLC:
- 1266895735
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