Reason, Democracy, Society: A Treatise on the Basis of Legal Thinking
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About the Book
Reason, Democracy, Society deals with basic points of legal theory and philosophy of law. The main contention of the book relates to the insufficiencies of the legal positivistic approach. Some of its claims are that we must sharply separate what the law is from, what the law ought to be, and that we can know what the law is without appealing to meta-legal considerations. These and other claims are criticized. The author shows that with the legal positivistic approach we cannot know, in all cases, what the law is, if that is equated to the rules posited by the legislator. He also challenges H.L.A. Hart's and MacCormick's points of view, amongst others, about the characteristic corner stones of legal positivism. Some other issues relate to human rights, legal rationality and efficiency and ethics. This book will be of interest to philosophers concerned with law or ethics, those concerned with justice in modern society and to jurists and law students.
Book Details
ISBN-13: 9789048147595
EAN: 9789048147595
Publisher Date: 28 Oct 2010
Bood Data Readership Text: Professional & Vocational
Dewey: 340.112
Gardner Classification Code: V01
Illustrations: biography
MediaMail: Y
Pagination: 256 pages, biography
Series Title: Law and Philosophy Library
UK Availability: GXC
Year Of Publication: 2010
ISBN-10: 904814759X
Publisher: Springer
Binding: Paperback
Country Of Origin: Netherlands
Edition: Softcover reprint of hardcover 1st ed. 1996
Height: 240 mm
Language: English
No of Pages: 246
PrintOnDemand: N
Spine Width: 14.73 mm
Width: 160 mm