Name: Philosophical Foundations of the Nature of Law By Wil Waluchow (Senator William McMaster Chair in Constitutional Studies, McMaster University, Canada)
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Philosophical Foundations of the Nature of Law Summary

Philosophical Foundations of the Nature of Law by Wil Waluchow (Senator William McMaster Chair in Constitutional Studies, McMaster University, Canada)

In recent years we have witnessed major developments in philosophical inquiry concerning the nature of law and, with the continuing development of international and transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy. The volume covers four broad themes. The essays within the first theme address and develop the traditional debates between legal positivism, natural law theory, and Dworkinian interpretivism. Papers within the second theme focus on the power of coercion, often overlooked in contemporary legal philosophy. The third set of papers addresses the aims and methods of legal theory, and the role of conceptual analysis. The final section explores new methods and issues in the subject, and offers fresh starting points for future work in the field. Gathering many leading and up-and-coming writers in the subject, the volume offers a snapshot of the best current work in general jurisprudence.

Philosophical Foundations of the Nature of Law Reviews

The philosophical foundations of the nature of law is a broad and demanding theme and, to help orient the reader, editors Wil Waluchow and Stephan Sciaraffa have written a helpful introduction and grouped the papers into four topics (Furthering Debates between Leading Theories of Law; The Power of Legal Systems; Conceptual Analysis; and New Directions). * George Duke, Jurisprudence *

About Wil Waluchow (Senator William McMaster Chair in Constitutional Studies, McMaster University, Canada)

Wil Waluchow is a Professor in McMaster's Department of Philosophy, the Senator William McMaster Chair in Constitutional Studies, and an Adjunct Member of the Graduate Faculty of Osgoode Hall Law School, Toronto. His BA and MA in philosophy are from the University of Western Ontario (Huron University College) and his DPhil in the philosophy of law is from Oxford University, where he studied under the supervision of H.L.A. Hart. His current research interests are in general jurisprudence and the philosophy of constitutional law. He is the author of numerous books, including Inclusive Legal Positivism (OUP, 1994) and A Common Law Theory of Judicial Review: The Living Tree (CUP, 2007). Stefan Sciaraffa is Assistant Professor in McMaster's Department of Philosophy. He specializes in the philosophy of law and social, moral and political philosophy. He received a J.D. from the University of Texas and a Ph.D. in philosophy from the University of Arizona. He practiced law as an associate with the commercial litigation section of Akin, Gump, Strauss, Hauer & Feld, LLP.

PART I. FURTHERING DEBATE BETWEEN THE LEADING THEORIES OF LAW ; 1. The Explanatory Indispensability of Weak Natural Law Theory ; 2. In Defense of Hart ; 3. Law's Authority Is Not a Claim to Preemption ; 4. The Normative Fallacy Regarding Law's Authority ; 5. The Nature of Law and Legal Rationality: Towards an Integrative Jurisprudence ; PART II. THE POWER OF LEGAL SYSTEMS ; 6. Law as Power: Two Rule of Law Requirements ; 7. Hart and Austin Together Again for the First Time: Coercive Enforcement and the Theory of Legal Obligation ; 8. Law and the Entitlement to Coerce ; PART III. CONCEPTUAL ANALYSIS ; 9. Farewell to Conceptual Analysis (in Jurisprudence) ; 10. What Do We Want Law to Be? Philosophical Analysis and the Concept of Law ; PART IV. NEW DIRECTIONS ; 11. Legal as a Thick Concept ; 12. Making Old Questions New: Law, Legal System, and State ; 13. Legal Disagreements and the Dual Nature of Law ; 14. One Right Answer? The Meta Edition

Additional information

Sku

GOR013374241

ISBN 13

9780199675517

ISBN 10

0199675511

Title

Philosophical Foundations of the Nature of Law by Wil Waluchow (Senator William McMaster Chair in Constitutional Studies, McMaster University, Canada)

Author

Wil Waluchow (Senator William McMaster Chair in Constitutional Studies, McMaster University, Canada)

Series

Philosophical Foundations of Law

Condition

Used - Very Good

Binding type

Hardback

Publisher

Oxford University Press

Year published

20130314

Number of pages

386

Prizes

N/A

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Book picture is for illustrative purposes only, actual binding, cover or edition may vary.

Note

This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in very good condition, but if you are not entirely satisfied please get in touch with us

Philosophical Foundations of the Nature of Law Wil Waluchow (Senator William McMaster Chair in Constitutional Studies, McMaster University, Canada)

Philosophical Foundations of the Nature of Law by Wil Waluchow (Senator William McMaster Chair in Constitutional Studies, McMaster University, Canada)

Summary

Philosophical Foundations of the Nature of Law Summary

Philosophical Foundations of the Nature of Law by Wil Waluchow (Senator William McMaster Chair in Constitutional Studies, McMaster University, Canada)

Philosophical Foundations of the Nature of Law Reviews

About Wil Waluchow (Senator William McMaster Chair in Constitutional Studies, McMaster University, Canada)

Table of Contents

Additional information

Customer Reviews - Philosophical Foundations of the Nature of Law