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The Concept Of Law
''The Concept of Law'' is a 1961 book by the legal philosopher H. L. A. Hart and his most famous work. ''The Concept of Law'' presents Hart's theory of legal positivism—the view that laws are rules made by humans and that there is no inherent or necessary connection between law and morality—within the framework of analytic philosophy. Hart sought to provide a theory of descriptive sociology and analytical jurisprudence. The book addresses a number of traditional jurisprudential topics such as the nature of law, whether laws are rules, and the relation between law and morality. Hart answers these by placing law into a social context while at the same time leaving the capability for rigorous analysis of legal terms, which in effect "awakened English jurisprudence from its comfortable slumbers". Hart's book has remained "one of the most influential texts of analytical legal philosophy", as well as "the most successful work of analytical jurisprudence ever to appear ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Philosophy
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; and the relationship between law and other fields of study, including Law and economics, economics, Applied ethics, ethics, Legal history, history, Sociology of law, sociology, and political philosophy. Modern jurisprudence began in the 18th century and was based on the first principles of natural law, Civil law (legal system), civil law, and the law of nations. Contemporary philosophy of law 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. 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Austin (legal Philosophy)
John Austin (3 March 1790 – 1 December 1859) was an English legal theorist who posthumously influenced British and American law with an analytical approach to jurisprudence and a theory of legal positivism. Austin opposed traditional approaches of "natural law", arguing against any need for connections between law and morality. Human legal systems, he claimed, can and should be studied in an empirical, value-free way. Life and work Austin was born on 3 March 1790 at Creeting St Mary in today's district of Mid Suffolk, as the eldest son of a well-to-do miller. After spending five years in the army during the Napoleonic Wars, Austin turned to law, and spent seven unhappy years practicing at the Chancery bar. In 1819, he married Sarah Taylor and became neighbours and close friends with Jeremy Bentham, James Mill, and John Stuart Mill. Mainly through Bentham's influence, Austin was appointed Professor of Jurisprudence at the newly-founded University College London in July 1827. H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duncan Kennedy (legal Philosopher)
Duncan Kennedy (born 1942) is an American legal scholar and held the Carter Professorship of General Jurisprudence at Harvard Law School until 2015. Now emeritus, he is best known as one of the founders of the critical legal studies movement. Education and early career Kennedy received an A.B. from Harvard College in 1964 and then worked for two years in the CIA operation that controlled the National Student Association. In 1966 he rejected his "cold war liberalism" and quit the CIA and in 1970 earned an LL.B. from Yale Law School. After completing a clerkship with Supreme Court Justice Potter Stewart, Kennedy joined the Harvard Law School faculty, becoming a full professor in 1976. In March 2010 he received an Honoris Causa (honorary degree) Ph.D. title from the University of the Andes in Colombia. In June 2011, he also received an Honoris Causa Ph.D. title from the Université du Québec à Montréal in Canada. Kennedy has been a member of the American Civil Liberties Union ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pareto Optimal
In welfare economics, a Pareto improvement formalizes the idea of an outcome being "better in every possible way". A change is called a Pareto improvement if it leaves at least one person in society better off without leaving anyone else worse off than they were before. A situation is called Pareto efficient or Pareto optimal if all possible Pareto improvements have already been made; in other words, there are no longer any ways left to make one person better off without making some other person worse-off. In social choice theory, the same concept is sometimes called the unanimity principle, which says that if ''everyone'' in a society ( non-strictly) prefers A to B, society as a whole also non-strictly prefers A to B. The Pareto front consists of all Pareto-efficient situations. In addition to the context of efficiency in ''allocation'', the concept of Pareto efficiency also arises in the context of ''efficiency in production'' vs. ''x-inefficiency'': a set of outputs of goo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habit (psychology)
A habit (or wont, as a humorous and formal term) is a routine of behavior that is repeated regularly and tends to occur subconsciously. A 1903 paper in the '' American Journal of Psychology'' defined a "habit, from the standpoint of psychology, sa more or less fixed way of thinking, willing, or feeling acquired through previous repetition of a mental experience." Habitual behavior often goes unnoticed by persons exhibiting it, because a person does not need to engage in self-analysis when undertaking routine tasks. Habits are sometimes compulsory. A 2002 daily experience study by habit researcher Wendy Wood and her colleagues found that approximately 43% of daily behaviors are performed out of habit. New behaviours can become automatic through the process of habit formation. Old habits are hard to break and new habits are hard to form because the behavioural patterns that humans repeat become imprinted in neural pathways, but it is possible to form new habits through repetit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sovereignty
Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate authority over other people and to change existing laws. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. ''De jure'' sovereignty refers to the legal right to do so; '' de facto'' sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that ''de jure'' and ''de facto'' sovereignty exist at the place and time of concern, and reside within the same organization. Etymology The term arises from the unattested Vulgar Latin *''superanus'' (itself a derived form of Latin ''super'' – "over") meaning "chief", "ruler". Its spellin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contracts
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine el ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coercive
Coercion involves compelling a party to act in an involuntary manner through the use of threats, including threats to use force against that party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response. These actions may include extortion, blackmail, or even torture and sexual assault. Common-law systems codify the act of violating a law while under coercion as a duress crime. Coercion used as leverage may force victims to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm, but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced. The concepts of coercion and persuasion are similar, but various factors distinguish the two. These include the intent, the willingness to cause harm, the result of the interaction, and the options ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Austin (legal Philosopher)
John Austin (3 March 1790 – 1 December 1859) was an English legal theorist who posthumously influenced British and American law with an analytical approach to jurisprudence and a theory of legal positivism. Austin opposed traditional approaches of "natural law", arguing against any need for connections between law and morality. Human legal systems, he claimed, can and should be studied in an empirical, value-free way. Life and work Austin was born on 3 March 1790 at Creeting St Mary in today's district of Mid Suffolk, as the eldest son of a well-to-do miller. After spending five years in the army during the Napoleonic Wars, Austin turned to law, and spent seven unhappy years practicing at the Chancery bar. In 1819, he married Sarah Taylor and became neighbours and close friends with Jeremy Bentham, James Mill, and John Stuart Mill. Mainly through Bentham's influence, Austin was appointed Professor of Jurisprudence at the newly-founded University College London in July 1827. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Taking Rights Seriously
''Taking Rights Seriously'' is a 1977 book about the philosophy of law by the philosopher Ronald Dworkin. In the book, Dworkin argues against the dominant philosophy of Anglo-American legal positivism as presented by H. L. A. Hart in ''The Concept of Law'' (1961) and utilitarianism by proposing that rights of the individual against the state exist outside of the written law and function as "trumps" against the interests or wishes of the majority. Most of the book's chapters are revised versions of previously published papers. In addition to his critique of legal positivism and utilitarian ethics, Dworkin includes important discussions of constitutional interpretation, judicial discretion, civil disobedience, reverse discrimination, John Rawls' theory of justice, and the Hart– Devlin debate on legislating morality. A revised edition of book, which includes a lengthy reply by Dworkin to his critics, was published in 1978. Further reading * Ronald Dworkin, ''Law's Empire ''Law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ronald Dworkin
Ronald Myles Dworkin (; December 11, 1931 – February 14, 2013) was an American legal 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, Harvard legal scholar Cass Sunstein said Dworkin was "one of the most important legal philosophers of the last 100 ye ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
