Anglo-American Philosophy of Law: An Introduction to Its Development and Outcome

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Transaction Publishers - 142 strani

An account of successive legal theories in England and America against a background of the varieties of natural law in the ancient, medieval and modern worlds. The outcome in Legal Realism provides insight into contemporary issues in law and the judicial process and their relation to moral philosophy.

As Levy shows, legal theory has always been inspired by forces outside the law in philosophy and politics. In England the philosophy of Utilitarianism as expounded by Bentham and Austin brought legal positivism into prominence as an alternative to natural law. In the United States the philosophy of pragmatism spearheaded by James and Dewey and shared by Justice Holmes gave the functional turn resulting in the movement of Legal Realism. After sketching the background of varieties of natural law in the ancient, medieval, and modern worlds, Levy presents leading figures and trends in England and the United States.

The book is written so as to be intelligible to lawyers, philosophers, and students of cultural history and social science.

 

Izbrane strani

Vsebina

The Shift
21
The Separation of Law
29
Liberty
37
Equality
43
The Pragmatic
49
Sociological Jurisprudence
77
Legal Realism
87
The Realist Outcome
119
A Bibliographic Chat
133
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Anglo-American Philosophy of Law: An Introduction to Its Development and Outcome
Beryl Harold Levy
Predogled ni na voljo - 1991

Pogosti izrazi in povedi

American analysis analytical appellate basic Bentham Bill of Rights Blackstone called Cardozo century Cohen Columbia Law School command common law confusion consequences consider Constitution course court decide Dewey's distinction doctrine duty empirical enforce England English ethical expression function H. L. A. Hart Hobbes Holmes's human ideal individual influence interest James Jefferson John Dewey Jones judge judicial opinions judicial process justice Karl Llewellyn lawyers legal philosophy legal positivism Legal Realism legal rules legal theory legislative legislature liberty Locke Locke's logic means Mill mind movement of Legal natural law theory person Philosophy of Law political positive law Pound practical pragmatic precedents prediction principle Professor prophecies punishment reader realist outcome reason and fiat Roscoe Pound rules of law says Holmes secondary rules sense simply social contract social sciences society sociological jurisprudence sovereign speak statute study of law thinking thought tion tradition University Utilitarian wants words

Bibliografski podatki

NaslovAnglo-American Philosophy of Law: An Introduction to Its Development and Outcome
AvtorBeryl Harold Levy
ZaložnikTransaction Publishers
ISBN1412817269, 9781412817264
Dolžina142 strani
  
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