Law's Empire
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Law's Empire
''Law's Empire'' is a 1986 text in legal philosophy by Ronald Dworkin, in which the author continues his criticism of the philosophy of legal positivism as promoted by H.L.A. Hart during the middle to late 20th century. The book introduces Dworkin's Judge Hercules as an idealized version of a jurist with extraordinary legal skills who is able to challenge various predominating schools of legal interpretation and legal hermeneutics prominent throughout the 20th century. Judge Hercules is eventually challenged by Judge Hermes, another idealized version of a jurist who is affected by an affinity to respecting historical legal meaning arguments which do not affect Judge Hercules in the same manner. Judge Hermes' theory of legal interpretation is found by Dworkin in the end to be inferior to the approach of Judge Hercules. Background Much of the twentieth century in legal philosophy has been characterized by the confrontation of legal positivism with natural law theory as being among ...
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Ronald Dworkin
Ronald Myles Dworkin (; December 11, 1931 – February 14, 2013) was an American philosopher, jurist, and scholar of United States constitutional law. At the time of his death, he was Frank Henry Sommer Professor of Law and Philosophy at New York University and Professor of Jurisprudence at University College London. Dworkin had taught previously at Yale Law School and the University of Oxford, where he was the Professor of Jurisprudence, successor to philosopher H.L.A. Hart. An influential contributor to both philosophy of law and political philosophy, Dworkin received the 2007 Holberg International Memorial Prize in the Humanities for "his pioneering scholarly work" of "worldwide impact." According to a survey in ''The Journal of Legal Studies'', Dworkin was the second most-cited American legal scholar of the twentieth century. After his death, the Harvard legal scholar Cass Sunstein said Dworkin was "one of the most important legal philosophers of the last 100 years. He m ...
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Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Shi ...
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Belknap Press
Harvard University Press (HUP) is a publishing house established on January 13, 1913, as a division of Harvard University, and focused on academic publishing. It is a member of the Association of American University Presses. After the retirement of William P. Sisler in 2017, the university appointed as Director George Andreou. The press maintains offices in Cambridge, Massachusetts near Harvard Square, and in London, England. The press co-founded the distributor TriLiteral LLC with MIT Press and Yale University Press. TriLiteral was sold to LSC Communications in 2018. Notable authors published by HUP include Eudora Welty, Walter Benjamin, E. O. Wilson, John Rawls, Emily Dickinson, Stephen Jay Gould, Helen Vendler, Carol Gilligan, Amartya Sen, David Blight, Martha Nussbaum, and Thomas Piketty. The Display Room in Harvard Square, dedicated to selling HUP publications, closed on June 17, 2009. Related publishers, imprints, and series HUP owns the Belknap Press imprint, which ...
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Legal Positivism
Legal positivism (as understood in the Anglosphere) is a school of thought of analytical jurisprudence developed largely by legal philosophers during the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin developed legal positivist theory, empiricism provided the theoretical basis for such developments to occur. The most prominent legal positivist writer in English has been H. L. A. Hart, who, in 1958, found common usages of "positivism" as applied to law to include the contentions that: * laws are commands of human beings; * there is not any necessary relation between law and morality, that is, between law as it is and as it ought to be; * analysis (or study of the meaning) of legal concepts is worthwhile and is to be distinguished from history or sociology of law, as well as from criticism or appraisal of law, for example with regard to its moral value or to its social aims or functions; * a legal system is a closed, logical system in which ...
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Conventionalism
Conventionalism is the philosophical attitude that fundamental principles of a certain kind are grounded on (explicit or implicit) agreements in society, rather than on external reality. Unspoken rules play a key role in the philosophy's structure. Although this attitude is commonly held with respect to the rules of grammar, its application to the propositions of ethics, law, science, biology, mathematics, and logic is more controversial. Linguistics The debate on linguistic conventionalism goes back to Plato's ''Cratylus'' and the philosophy of Kumārila Bhaṭṭa. It has been the standard position of modern linguistics since Ferdinand de Saussure's ''l'arbitraire du signe'', but there have always been dissenting positions of phonosemantics, recently defended by Margaret Magnus and Vilayanur S. Ramachandran. Philosophy of mathematics The French mathematician Henri Poincaré was among the first to articulate a conventionalist view. Poincaré's use of non-Euclidean geometries ...
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Stanford Encyclopedia Of Philosophy
The ''Stanford Encyclopedia of Philosophy'' (''SEP'') combines an online encyclopedia of philosophy with peer-reviewed publication of original papers in philosophy, freely accessible to Internet users. It is maintained by Stanford University. Each entry is written and maintained by an expert in the field, including professors from many academic institutions worldwide. Authors contributing to the encyclopedia give Stanford University the permission to publish the articles, but retain the copyright to those articles. Approach and history As of August 5th, 2022, the ''SEP'' has 1,774 published entries. Apart from its online status, the encyclopedia uses the traditional academic approach of most encyclopedias and academic journals to achieve quality by means of specialist authors selected by an editor or an editorial committee that is competent (although not necessarily considered specialists) in the field covered by the encyclopedia and peer review. The encyclopedia was created in 1 ...
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1986 Non-fiction Books
The year 1986 was designated as the International Year of Peace by the United Nations. Events January * January 1 ** Aruba gains increased autonomy from the Netherlands by separating from the Netherlands Antilles. **Spain and Portugal enter the European Community, which becomes the European Union in 1993. *January 11 – The Gateway Bridge in Brisbane, Australia, at this time the world's longest prestressed concrete free-cantilever bridge, is opened. * January 13– 24 – South Yemen Civil War. * January 20 – The United Kingdom and France announce plans to construct the Channel Tunnel. *January 24 – The Voyager 2 space probe makes its first encounter with Uranus. * January 25 – Yoweri Museveni's National Resistance Army Rebel group takes over Uganda after leading a five-year guerrilla war in which up to half a million people are believed to have been killed. They will later use January 26 as the official date to avoid a coincidence of dates with Dictator Idi Amin's ...
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Books About Jurisprudence
A book is a medium for recording information in the form of writing or images, typically composed of many page (paper), pages (made of papyrus, parchment, vellum, or paper) bookbinding, bound together and protected by a book cover, cover. The technical term for this physical arrangement is ''codex'' (plural, ''codices''). In the history of hand-held physical supports for extended written compositions or records, the codex replaces its predecessor, the scroll. A single sheet in a codex is a Recto, leaf and each side of a leaf is a page (paper), page. As an intellectual object, a book is prototypically a composition of such great length that it takes a considerable investment of time to compose and still considered as an investment of time to read. In a restricted sense, a book is a self-sufficient section or part of a longer composition, a usage reflecting that, in antiquity, long works had to be written on several scrolls and each scroll had to be identified by the book it co ...
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Books By Ronald Dworkin
A book is a medium for recording information in the form of writing or images, typically composed of many pages (made of papyrus, parchment, vellum, or paper) bound together and protected by a cover. The technical term for this physical arrangement is ''codex'' (plural, ''codices''). In the history of hand-held physical supports for extended written compositions or records, the codex replaces its predecessor, the scroll. A single sheet in a codex is a leaf and each side of a leaf is a page. As an intellectual object, a book is prototypically a composition of such great length that it takes a considerable investment of time to compose and still considered as an investment of time to read. In a restricted sense, a book is a self-sufficient section or part of a longer composition, a usage reflecting that, in antiquity, long works had to be written on several scrolls and each scroll had to be identified by the book it contained. Each part of Aristotle's ''Physics'' is called a bo ...
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English-language Books
English is a West Germanic language of the Indo-European language family, with its earliest forms spoken by the inhabitants of early medieval England. It is named after the Angles, one of the ancient Germanic peoples that migrated to the island of Great Britain. Existing on a dialect continuum with Scots language, Scots, and then closest related to the Low German, Low Saxon and Frisian languages, English is Genetic relationship (linguistics), genealogically West Germanic language, West Germanic. However, its vocabulary is also distinctively influenced by Langues d'oïl, dialects of France (about List of English words of French origin, 29% of Modern English words) and Latin (also about 29%), plus some grammar and a small amount of core vocabulary influenced by Old Norse (a North Germanic language). Speakers of English are called Anglophones. The earliest forms of English, collectively known as Old English, evolved from a group of West Germanic (Ingvaeonic) dialects brought to ...
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