Reason Democracy Society

Author: Sebastián Urbina
Publisher: Springer Science & Business Media
ISBN: 9401728461
Format: PDF, ePub, Docs
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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.

Theory of Legal Principles

Author: Humberto Avila
Publisher: Springer Science & Business Media
ISBN: 1402058799
Format: PDF, ePub, Mobi
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This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.

On the Interpretation of Treaties

Author: Ulf Linderfalk
Publisher: Springer Science & Business Media
ISBN: 1402063628
Format: PDF, ePub
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This is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. As stated by the anonymous referee, it is the most theoretically advanced and analytically refined work yet accomplished on this topic. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.

Spinoza Theological Political Treatise

Author: Jonathan Israel
Publisher: Cambridge University Press
ISBN: 9781139463614
Format: PDF, ePub, Mobi
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Spinoza's Theological-Political Treatise (1670) is one of the most important philosophical works of the early modern period. In it Spinoza discusses at length the historical circumstances of the composition and transmission of the Bible, demonstrating the fallibility of both its authors and its interpreters. He argues that free enquiry is not only consistent with the security and prosperity of a state but actually essential to them, and that such freedom flourishes best in a democratic and republican state in which individuals are left free while religious organizations are subordinated to the secular power. His Treatise has profoundly influenced the subsequent history of political thought, Enlightenment 'clandestine' or radical philosophy, Bible hermeneutics, and textual criticism more generally. It is presented here in a translation of great clarity and accuracy by Michael Silverthorne and Jonathan Israel, with a substantial historical and philosophical introduction by Jonathan Israel.

Conjectures and Refutations

Author: Karl Popper
Publisher: Routledge
ISBN: 1135971374
Format: PDF, Mobi
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Conjectures and Refutations is one of Karl Popper's most wide-ranging and popular works, notable not only for its acute insight into the way scientific knowledge grows, but also for applying those insights to politics and to history. It provides one of the clearest and most accessible statements of the fundamental idea that guided his work: not only our knowledge, but our aims and our standards, grow through an unending process of trial and error.