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  • Dominion and Wealth

    A Critical Analysis of Karl Marx’ Theory of Commercial Law

    by D.C. Kline ...
    Series series Philosophy and Religion (R0)
    Donna Kline's contribution to the Sovietica series falls outside the strict confines of the study of Soviet Marxism-Leninism. It centers its attention on the seemingly minor question of Marx' knowledge of and attitude toward the legal theory and practice in vogue at the time he was writing studies that directly addressed issues of law and economics, and that indirectly helped to fashion the legal ... Read more

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    A Critical Reading

    Series Book 100 - Law and Philosophy Library
    This collection of essays is the outcome of a workshop with Scott Shapiro on The Planning Theory of Law that took place in December 2009 at Bocconi University. It brings together a group of scholars who wrote their contributions to the workshop on a preliminary draft of Shapiro’s Legality. Then, after the workshop, they wrote their final essays on the published version of the book. The ... Read more

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  • Freedom, Rights And Pornography

    A Collection of Papers by Fred R. Berger

    Edited by Bruce Russell ...
    Series series Philosophy and Religion (R0)
    In the essays that follow, Fred Berger argues for freedom of expression, civil disobedience, affirmative action and what he calls liberal judicial activism and against sex-role stereotyping, paternalism and the censorship of pornography. Underlying his liberalism is a unified theory. That theory consists of a conception of rights, a theory of value and a theory of government. The conception of a ... Read more

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  • Essays on the Doctrinal Study of Law

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    Series Book 96 - Law and Philosophy Library
    Essays on the Doctrinal Study of Law is a summary of the author’s 40 years of research in the fields of civil law and the philosophy of law. The main focus is on the two main tasks in the doctrinal study of law: the interpretation and systematisation of legal norms. In this regard, Professor Aarnio deals with the theory of argumentation as well as with its foundations - i.e., with the ontology, ... Read more

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  • Reasoning with Rules and Precedents

    A Computational Model of Legal Analysis

    Series series Computer Science (R0)
    Few areas of human expertise are so well understood that they can be completely reduced to general principles. Similarly, there are few domains in which experience is so extensive that every new problem precisely matches a previous problem whose solution is known. When neither rules nor examples are individually sufficient, problem-solving expertise depends on integrating both. This book presents ... Read more

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  • Reasons for Action and the Law

    by M.C. Redondo ...
    Series Book 43 - Law and Philosophy Library
    A focus on reasons for action and practical reason is the perspective chosen by many contemporary legal philosophers for the analysis of some central questions of their discipline. This book offers a critical evaluation of that approach, by carefully examining the empirical, logical and normative problems hidden behind the concepts of `reason for action' and `practical reasoning'. Unlike most ... Read more

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  • Philosophy, Law and the Family

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    Series series Philosophy and Religion (R0)
    This textbook uses cases in family law to illustrate both traditional philosophical problems in the law as well as problems that are unique to family law. In the beginning chapters family law cases are employed to introduce the reader to philosophical debates about the relationship between law and morals, about how one ought to interpret the U.S. Constitution and its amendments, about the ... Read more

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    Series series Philosophy and Religion (R0)
    This book offers an original account of a distinctly republican theory of social and global justice. The book starts by exploring the nature and value of Hegelian recognition theory. It shows the importance of that theory for grounding a normative account of free and autonomous agency. It is this normative account of free agency which provides the groundwork for a republican conception of social ... Read more

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    The notion of “natural law” has repeatedly furnished human beings with a shared grammar in times of moral and cultural crisis. Stoic natural law, for example, emerged precisely when the Ancient World lost the Greek polis, which had been the point of reference for Plato's and Aristotle's political philosophy. In key moments such as this, natural law has enabled moral and legal dialogue between ... Read more

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  • A Real Mind

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    This comprehensive presentation of Axel Hägerström (1868-1939) fills a void in nearly a century of literature, providing both the legal and political scholar and the non-expert reader with a proper introduction to the father of Scandinavian realism. Based on his complete work, including unpublished material and personal correspondence selected exclusively from the Uppsala archives, A Real Mind ... Read more

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  • Semiotics of International Law

    Trade and Translation

    Series Book 91 - Law and Philosophy Library
    Language carries more than meanings; language conveys a means of conceiving the world. In this sense, national legal systems expressed through national languages organize the Law based on their own understanding of reality. International Law becomes, in this context, the meeting point where different legal cultures and different views of world intersect.The diversity of languages and legal systems ... Read more

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  • Juristic Concept of the Validity of Statutory Law

    A Critique of Contemporary Legal Nonpositivism

    Translated by Malgorzata Kieltyka ...
    This book presents the theory of the validity of legal norms, aimed at the practice of law, in particular the jurisdiction of the constitutional courts. The postpositivist concept of the validity of statutory law, grounded on a critical analysis of the basic theories of legal validity elaborated up to now, is introduced. In the first part of the book a contemporary German nonpositivist conception ... Read more

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