Legal Theory Systems

Download Law, Language, and Legal Determinacy (Clarendon Paperbacks) by Brian Bix PDF

Posted On April 11, 2017 at 2:16 pm by / Comments Off on Download Law, Language, and Legal Determinacy (Clarendon Paperbacks) by Brian Bix PDF

By Brian Bix

This publication discusses one of many valuable difficulties within the philosophy of law--the query of criminal determinacy. Is the legislations a continuing net or are there gaps? Bix argues that the foremost re-thinking of the typical and "common experience" perspectives approximately legislations which have been proposed via a variety of contemporary criminal theories is not sensible. He bargains a reconsideration of the position of language within the legislation, and how principles approximately language were used and misused in contemporary criminal conception. He explores intensive the connection to felony concept of Hart's influential notion of "open texture," Dworkin's interpretative method of legislations, and Wittgenstein's philosophy.

Show description

Read Online or Download Law, Language, and Legal Determinacy (Clarendon Paperbacks) PDF

Best legal theory & systems books

Punishment and Responsibility: Essays in the Philosophy of Law

This vintage choice of essays, first released in 1968, has had a permanent influence on educational and public debates approximately felony accountability and legal punishment. 40 years on, its arguments are as robust as ever. H. L. A. Hart deals an alternative choice to retributive considering felony punishment that however preserves the valuable contrast among guilt and innocence.

Ubiquitous Law (Law, Justice and Power)

"Ubiquitous legislation" explores the potential of realizing the legislations in dissociation from the nation whereas, while, setting up the stipulations of significant conversation among a variety of legalities. This activity is partially methodological and partially great. The e-book argues that the enquiry into the criminal has been biased by means of the implicit or particular presupposition of the State's exclusivity to a declare to legality in addition to the tendency to make the enquiry into the legislation the duty of specialists, who purport with a view to symbolize the criminal community's commitments in an authoritative demeanour.

Rules of Law and Laws of Ruling : On the Governance of Law (Law, Justice and Power)

Delivering an anthropological point of view, this quantity explores the altering family members among legislation and governance, analyzing how alterations within the constitution of governance impact the relative social value of legislation inside of occasions of criminal pluralism. The authors argue that there was a re-regulation instead of a de-regulation, propagated by way of a plurality of regulative specialists and this re-regulation is observed by way of an expanding ideological dominance of rights speak and juridification of clash.

The Functions of Law

What's the nature of legislation and what's tips on how to observe it? This publication argues that legislations is better understood when it comes to the social capabilities it plays anywhere it really is present in human society. to be able to aid this declare, legislations is defined as a type of establishment and as one of those artifact. to assert that it truly is an establishment is to assert that it really is designed for growing and conferring targeted statuses to humans which will modify their rights and obligations towards one another.

Additional resources for Law, Language, and Legal Determinacy (Clarendon Paperbacks)

Example text

The problem, I would suggest, lies in the original premise, namely that the critic is a judge, a witness or a clerk. Accurately as this imagery may capture the historical phases of critique and the transformations it has undergone, when it is ascribed a quasi-conceptual or even normative content, it merely serves to reproduce the image of the critic as the detached enlightened observer, whose role is to cure the lumpen from their false consciousness, while he remains safe within the academic haven, where the virus of ideology does not reach.

The reality that the law creates and the alternatives to reality it offers would simply exist in the world of ideas, if it were not for the personal commitment of those who share the nomos. It is the strength of that commitment that determines the extent of law’s hegemony. ‘Law is the projection of an imagined future upon reality’ (Cover 1986, 1604). This alternity designed by the law is being substantiated through the transformation of word into action on behalf of the people. ‘Law’ is never just a mental or spiritual act.

It must reclaim its voice and language and the North must be prepared to listen to it carefully. Variations on the theme of critical legal pluralism Desmond Manderson goes further than de Sousa Santos and describes pluralism in even looser terms (Manderson 1996). He, correctly I think, accuses modernist legal theories (including positivism, theories advocating the connection of law with morality, as well as the critical legal studies movement, and most versions of legal pluralism) of reifying notions of order and coherence.

Download PDF sample

Rated 4.87 of 5 – based on 42 votes