This book explores the interrelation of facts and norms. An introduction to legal theory oxford university press, 2005 tips the scales at almost a poundandahalf, or 600 grams, and runs to nearly 400 pages. It adopts a socalled normative positivism position and suggests that the theories of herbert hart and hans kelsen qualify as versions of normative positivism even if they are not in. With arguments that are both novel and powerful, oberdiek addresses the many theoretical and moral issues, including neglected but central ones, bearing on the morality of exposing others to mortal risk. This chapter examines the thesis that the separability of law and morality or legal judgement and moral judgement is a good thing or perhaps even indispensable from a moral, social, or political point of view. Normative or ethical positivism oxford scholarship.
The thesis of the separation between law and morality, the purity of the theory of law, the neutral descriptive or evaluative study of what law is instead of what it. Philosophy of law is a branch of philosophy that examines the nature of law and laws. A treatise of legal philosophy and general jurisprudence volume. Normative jurisprudence introduction human rights cambridge. Normative jurisprudence cambridge introductions to philosophy. Normative jurisprudence investigates both the nonlegal norms that shape law. Represents the first comprehensive discussion of jellineks famed theory of the normative force of the factual in english. The scientific ways of treating natural law, its place in moral philosophy, and its relation to the positive sciences of law works in continental philosophy g.
An introduction by robin west, 9780521738293, available at book. Chapter 8 from norm to decision to the concrete order. The philosophy of positive law foundations of jurisprudence. Bersierladavac, nicoletta, bezemek, christoph, schauer, frederick eds. Bersier ladavac, nicoletta, bezemek, christoph, schauer, frederick. Analytical jurisprudence aims to define what law is and what it is not by identifying laws. Normative jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the. Legal philosophy as practical philosophy openedition journals. The normative force of the factual legal philosophy between is. This, however, assumes that hobbes account of law conflates the causal and normative aspects of legal guidance or, simply, that his political and legal philosophy lack the concept of authority. Legal philosophy between is and ought law and philosophy library 9783030189280. They are what the law is, rather than what it ought to be ii. Assessing the goals of antitrust through the lens of legal philosophy oles andriychuk on. Philosophy of law can be subdivided into analytical jurisprudence and normative jurisprudence.
As a result, normative legal scholarship scholarship that is aimed at criticism and reform is now lacking a foundation in jurisprudential thought. Assessing the goals of antitrust through the lens of legal philosophy. An attempt to explain this normative, reasongiving aspect of law is one of the main challenges of general jurisprudence. Search the worlds most comprehensive index of fulltext books. Normative jurisprudence by robin west cambridge university press. Book description normative jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. Rahul kumar, professor of philosophy, queens university, canada imposing risk is a real contribution to normative ethics and legal theory. Hart, the authority of law by joseph raz, natural law and natural rights by john finnis. Cambridge core jurisprudence normative jurisprudence by robin west.
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