The philosophy of positive law

foundations of jurisprudence
  • 240 Pages
  • 0.34 MB
  • 3181 Downloads
  • English
by
Yale University Press , New Haven, CT
StatementJames Bernard Murphy.
Classifications
LC ClassificationsK
The Physical Object
Paginationxiii, 240 p. ;
ID Numbers
Open LibraryOL22725233M
ISBN 100300107889

"An important and successful effort to trace the concept of positive law in both the natural law and legal positivist traditions, this book is an extraordinarily impressive integration of classical philosophy, political theory, legal history, and jurisprudence."—Frederick Schauer, Harvard University.

In this first book-length study of positive law, James Bernard Murphy rewrites central chapters in the history of jurisprudence by uncovering a fundamental continuity among four great legal philosophers: Plato, Thomas Aquinas, Thomas Hobbes, and John Austin. In their theories of positive law, Murphy argues, these thinkers represent successive Cited by: 7.

In this first book-length study of positive law, James Bernard Murphy rewrites central chapters in the history of jurisprudence by uncovering a fundamental continuity among four great legal philosophers: Plato, Thomas Aquinas, Thomas Hobbes, and John Austin.

In their theories of positive law, Murphy argues, these thinkers represent successive chapters in a single fascinating story. The Philosophy of Positive Law. Book Description: In this first book-length study of positive law, James Bernard Murphy rewrites central chapters in the history of jurisprudence by uncovering a fundamental continuity among four great legal philosophers: Plato, Thomas Aquinas, Thomas Hobbes, and John Austin.

The Philosophy of Positive Law is a searching examination of the concept of positive law - apparently the first such book length study - in the works of four seminal legal philosophers, Plato, St. Thomas Aquinas, Thomas Hobbes, and John Austin (along with "eminent" and contemporary scholars thereof), allowing Murphy to draw magisterial Author: Howard Bromberg.

Books shelved as philosophy-of-law: The Concept of Law by H.L.A. Hart, The Authority of Law by Joseph Raz, Natural Law The philosophy of positive law book Natural Rights by John Finnis. In this first book-length study of positive law, James Bernard Murphy rewrites central chapters in the history of jurisprudence by uncovering a fundamental continuity among four great legal.

Page - Every positive law, or every law simply and strictly so called, is set by a sovereign person, or a sovereign body of persons, to a member or members of the independent political society wherein that person or body is sovereign or supreme. Or (changing the expression) it is set by a monarch, or sovereign number, to a person or persons in a state of subjection to its author.

The Philosophy of Positive Law reviews with great erudition the con tribution of leading legal thinkers to concepts of positive law, while clar ifying the pervasive confusion over the descriptive claim that law. Lectures on Jurisprudence, Or, the Philosophy of Positive Law.

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Book. Seller Inventory # BBS The philosophy of positive law book information about this seller | Contact this seller 6. Lectures on Jurisprudence: The Philosophy of Positive Law (Classic Reprint) Austin, John.

Published by Forgotten Books, U.S.A. () ISBN X. Philosophy of Law: An Introduction provides an ideal starting point for students of philosophy and law as it assumse no prior knowledge of either subject. The book is structured around the key issues and themes in the philosophy of law, including: what is the law.

- exploring the major legal theories of realism, positivism and natural law. This book-length study of positive law rewrites central chapters in the history of jurisprudence by uncovering a fundamental continuity among four great legal philosophers: Plato, Thomas Aquinas, Thomas Hobbes, and John Austin.

In their theories of positive law, it argues, these thinkers represent successive chapters in a single story. Get this from a library. The philosophy of positive law: foundations of jurisprudence.

[James Bernard Murphy] -- Annotation In this first book-length study of positive law, James Bernard Murphy rewrites central chapters in the history of jurisprudence by uncovering a. About For Books The Philosophy of Positive Law: Foundations of Jurisprudence Best Sellers Rank: [Read book] Rights Equality and Liberty: Universidad Torcuato Di Tella Law and Philosophy Lectures.

OrfeoErminio [Free Read] Lectures on the Philosophy of Religion: One-Volume Edition - The Lectures of Free. NakadaIzumi. The Philosophy of Positive Law is a searching examination of the concept of positive law--apparently the first such book length study--in the works of four seminal legal philosophers, Plato, St.

Thomas Aquinas, Thomas Hobbes, and John Austin (along with "eminent" and contemporary scholars thereof), allowing Murphy to draw magisterial. H.L.A. Hart, Critique of Legal Realism in The Concept of Law () 1. Rules need not be enacted by a court to be laws: “There is a difference, crucial for understanding of law, between the truth that if a statute is to be law, the courts must accept the rule that certain legislative operations make law, and the misleading theory.

Philosophy of law, also called jurisprudence, branch of philosophy that investigates the nature of law, especially in its relation to human values, attitudes, practices, and political ionally, philosophy of law proceeds by articulating and defending propositions about law that are general and abstract—i.e., that are true not of a specific legal system at a particular time.

The book is structured around the key issues and themes in the philosophy of law, including: what is the law. - exploring the major legal theories of realism, positivism and natural law the reach of the law - covering authority, rights, liberty, privacy and tolerance criminal responsibility and punishment - including legal defenses, crime.

Natural law; Believed that the sole purpose of government is to protect individuals against the arbitrary acts of others who would interfere with their freedom.

French and American Revolutions and the foundation of Canadian constitutional law. John Rawls ( –) an American philosopher and a leading figure in moral and political philosophy.

THE TERM "POSITIVE LAW" When used with respect to the United States Code—as in positive law codification or a positive law title of the Code–the term "positive law" has a special and particular meaning. In general, however, especially in legal philosophy, the term "positive law" is used more broadly.

There is overlap to be sure. Natural law: the scientific ways of treating natural law, its place in moral philosophy, and its relation to the positive sciences of law G. Hegel & T.

Knox & H. Acton & John R. Silber One of the central problems in the history of moral and political philosophy since antiquity has been to explain how human society and its civil. Positive laws (Latin: ius positum) are human-made laws that oblige or specify an also describes the establishment of specific rights for an individual or group.

Etymologically, the name derives from the verb to posit. The concept of positive law is distinct from "natural law", which comprises inherent rights, conferred not by act of legislation but by "God, nature, or reason.".

I: The Function of Legal Philosophy. FOR twenty-four hundred years—from the Greek thinkers of the fifth century bc, who asked whether right was right by nature or only by enactment and convention, to the social philosophers of today, who seek the ends, the ethical basis and the enduring principles of social control—the philosophy of law has taken a leading rôle in all study of human.

Read the full-text online edition of Natural Law: An Introduction to Legal Philosophy (). Home» Browse» Books» Book details, Natural Law: An Introduction to Legal Philosophy It is the purpose of this book to examine the reasons for that vitality and the claim of natural law.

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book containing the full proceedings, for permission to publish this part of the proceedings of the Conference. t Professor of Law, Washington University, St. Louis. Troeltsch, The Ideas of Natural Law and Humanity in World Politics, in Gierke, Natural Law and the Theory of Society (Barker transl.

The book is structured in three parts around the key issues and themes in philosophy of law: What is the law. – the major legal theories addressing the question of what we mean by law, including natural law, legal positivism and legal realism. Oliver Wendell Holmes, Jr., in his The Path of Law, argues that law does not relate to objective reality but is created by whatever judgesaccording to him, all law is positive law, a manmade convention.

This is diametrically opposed to natural law theory, which says that there are laws built into nature, e.g., laws of physics, laws of human nature, etc. (cf. Thomas. THE PHILOSOPHY OF LAW Download The Philosophy Of Law ebook PDF or Read Online books in PDF, EPUB, and Mobi Format.

Click Download or Read Online button to The Philosophy Of Law book pdf for free now. The Philosophy Of Law. Author: Immanuel Kant ISBN: Genre: Law File Size: MB Format: PDF, ePub. Similarly, the normativity of law, presupposed by its basic norm, is optional: “An anarchist, for instance, who denied the validity of the hypothetical basic norm of positive law.

will view its positive regulation of human relationships as mere power relations” (GT, ). Relativism, however, comes with a price. The book argues that natural law is a necessary foundation for our most important moral and political values – freedom, human rights, equality, responsibility and human dignity, among others.

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Without a theory of natural law, these values lose their coherence: we literally cannot make sense of them given the assumptions of modern philosophy.

Editions for Lectures on Jurisprudence, Or, the Philosophy of Positive Law: (Hardcover published in ), (Paperback published in ), However, Positive law states that people can reason for themselves, although without a written set of laws and a governing body to impose them, society cannot function in an orderly manner.

No matter what philosophy of law one believes, it is important to understand that true happiness can only be found in accordance with the law.Natural Law: The Scientific Ways of Treating Natural Law, Its Place in Moral Philosophy, and Its Relation to the Positive Sciences of Law; By G.

W. F. Hegel. Translated by T. M. Knox. Introduction by H. B. Acton. Foreword by John R. Silber ; Book; Published by: University of Pennsylvania Press.