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Legal Naturalism

Legal Naturalism

Author: Olufemi Taiwo

Publisher: Cornell University Press

ISBN: 9781501701740

Category: Law

Page: 228

View: 641

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Legal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence. It explicates both Marx's writings and the idea of natural law, and makes a forceful contribution to current debates on the foundations of law. Olufemi Taiwo argues that embedded in the corpus of Marxist writing is a plausible, adequate, and coherent legal theory. He describes Marx's general concept of law, which he calls "legal naturalism." For Marxism, natural law isn't a permanent verity; it refers to the basic law of a given epoch or social formation which is an essential aspect of its mode of production. Capitalist law is thus natural law in a capitalist society and is politically and morally progressive relative to the laws of preceding social formations. Taiwo emphasizes that these formations are dialectical or dynamic, not merely static, so that the law which is naturally appropriate to a capitalist economy will embody tensions and contradictions that replicate the underlying conflicts of that economy. In addition, he discusses the enactment and reform of "positive law"—law established by government institutions—in a Marxian framework.

Analytical Legal Naturalism

Analytical Legal Naturalism

Author: S. Zinaich Jr.

Publisher: Lexington Books

ISBN: 9781498598804

Category: Philosophy

Page: 207

View: 460

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In legal jurisprudence, the phenomenon of “hard cases” presents itself as a dilemma between the legal positivists and the natural law realists. Of the former, without the metaphysical underpinnings of an objective legal or moral standard, the legal positivists cannot supply convincing arguments to supplant the sovereign as the origin and authority of law. The natural law realists face the problem of justifying the natural law. Against both views, S. Zinaich Jr. defends a middle position, Analytical Legal Naturalism (ALN). It represents an analytic norm, both necessarily true and known a posteriori. Against the legal positivists, it supplies an objective legal standard by removing--at least for hard cases--the necessity of the will of a sovereign authority. Against the natural law realists, ALN provides a nonmoral standard which, because of its analyticity and necessity, avoids the need for metaethical speculation. Finally, ALN provides a standard that not only supplies the universalizable punch to avoid political subjectivism, but does so in a conventional manner. Thus, ALN does not require a moral or modal reality as truth-making characteristics. Rather, it makes what is legally valuable or disvaluable dependent upon empirically verifiable facts that are legally relevant.

Legal Naturalism

Legal Naturalism

Author: Olufemi Taiwo

Publisher: Cornell University Press

ISBN: 0801428513

Category: Law

Page: 244

View: 876

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Olufemi Taiwo argues that embedded in the corpus of Marxist writing is a plausible, adequate, and coherent legal theory. In this sophisticated, well-written book, he describes Marx's general concept of law, which he calls "legal naturalism." For Marxism, natural law isn't a permanent verity; it refers to the basic law of a given epoch or social formation which is an essential aspect of its mode of production.

Latour and the Passage of Law

Latour and the Passage of Law

Author: McGee Kyle McGee

Publisher: Edinburgh University Press

ISBN: 9780748697939

Category: Law

Page: 368

View: 600

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These 13 essays explore Bruno Latour's legal theory from a variety of disciplinary perspectives. They combine analytical tools drawn from Latour's actor-network theory developed in Science in Action, Reassembling the Social and The Making of Law with the philosophical anthropology of the Moderns in An Inquiry into Modes of Existence to blaze a new trail in legal epistemology.

The Dynamics of Law and Morality

The Dynamics of Law and Morality

Author: Wibren van der Burg

Publisher: Routledge

ISBN: 9781317035053

Category: Law

Page: 200

View: 437

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This book investigates the dynamic intertwinement of law and morality, with a focus on new and developing fields of law. Taking as its starting point the debates and mutual misunderstandings between proponents of different philosophical traditions, it argues that this theoretical pluralism is better explained once law is accepted as an essentially ambiguous concept. Continuing on, the book develops a robust theory of law that increases our grasp on global legal pluralism and the dynamics of law. This theory of legal interactionism, inspired by the work of Lon Fuller and Philip Selznick, also helps us to understand apparent anomalies of modern law, such as international law, the law of the European Convention on Human Rights and horizontal interactive legislation. In an ecumenical approach, legal interactionism does justice to the valuable core of truth in natural law and legal positivism. Shedding new light on familiar debates between authors such as Fuller, Hart and Dworkin, this book is of value to academics and students interested in legal theory, jurisprudence, legal sociology and moral philosophy.

God and Man in the Law

God and Man in the Law

Author: Robert Lowry Clinton

Publisher:

ISBN: UOM:39015040625512

Category: Philosophy

Page: 293

View: 294

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In a wide-ranging study based on legal history, political theory, and philosophical ideas going all the way back to Plato and Roman law, Robert Clinton challenges current faith in an activist judiciary. Claiming that a human-centered Constitution leads to government by reductive moral theory and illegitimate judicial review, he advocates a return to traditional jurisprudence and a God-centered Constitution grounded in English common law and its precedents.

Naturalizing Jurisprudence

Naturalizing Jurisprudence

Author: Brian Leiter

Publisher: Oxford University Press on Demand

ISBN: 019920649X

Category: Law

Page: 287

View: 209

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Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revised versions of ten of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect the Realist program to the methodology debate in contemporary jurisprudence; and explore the general implications of a naturalistic world view for problems about the objectivity of law and morality. Leiter has supplied a lengthy new introductory essay, as well as postscripts to several of the essays, in which he responds to challenges to his interpretive and philosophical claims by academic lawyers and philosophers. This volume will be essential reading for anyone interested in jurisprudence, as well as for philosophers concerned with the consequences of naturalism in moral and legal philosophy.

Between Equal Rights

Between Equal Rights

Author: China Miéville

Publisher: BRILL

ISBN: 9789047404613

Category: Political Science

Page: 387

View: 227

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This book draws on Pashukanis, critical legal studies and the history of international regulation to critique existing theories of international law. It constructs an alternative Marxist approach, and argues that imperialism is intrinsic to international law.

The Defence of Natural Law

The Defence of Natural Law

Author: Charles Covell

Publisher: Palgrave Macmillan

ISBN: STANFORD:36105044599574

Category: Law

Page: 312

View: 470

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The Defence of Natural Law comprises a study of the philosophies of law expounded by Lon L. Fuller, Michael Oakeshott, F.A. Hayek, Ronald Dworkin and John Finnis. The work of these theorists is situated in relation to the modern tradition in legal philosophy. In this way, it is demonstrated that the theorists adhered closely to the natural law standpoint in legal philosophy, while also defending the particular view of the proper functions of law and the state that distinguished the tradition of modern liberalism.