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Hierarchy Of Norms
''Pure Theory of Law'' is a book by jurist and legal theorist Hans Kelsen, first published in German in 1934 as , and in 1960 in a much revised and expanded edition. The latter was translated into English in 1967 as ''Pure Theory of Law''. The title is the name of his general theory of law, ''Reine Rechtslehre''. Kelsen began to formulate his theory as early as 1913, as a "pure" form of "legal science" devoid of any moral or political, or at a general level sociological considerations. Its main themes include the concept of "norms" as the fundamental building blocks of law and hierarchical relations of empowerment among them, including the idea of a "basic norm" providing an ultimate theoretical basis of empowerment; the ideas of "validity" and "efficacy" of norms; legal "normativity"; absence of any necessary relation between law and morality; complete separation between description and evaluation of law; and ideas relating to legal positivism and international law. The impac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hans Kelsen
Hans Kelsen (; ; October 11, 1881 – April 19, 1973) was an Austrian and later American jurist, legal philosopher and political philosopher. He is known principally for his theory of law, which he named the " pure theory of law (''Reine Rechtslehre'')", and for his writings on international law and theory of democracy. The "pure theory" provides general foundations for value-independent description of law. As an expert on constitutional law, Kelsen was the principal architect of the 1920 Austrian Constitution, which with amendments is still in operation. The rise of totalitarianism forced him out of Austria, then to Germany and to Switzerland and in 1940 to the United States. Although in 1934 Roscoe Pound lauded Kelsen as "unquestionably the leading jurist of the time", the pure theory was rarely understood in the United States and Kelsen was never given a permanent position in a law school. He was employed in the department of politics at the University of California, Berke ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Analytical Philosophers
Analytic philosophy is a broad movement within Western philosophy, especially English-speaking world, anglophone philosophy, focused on analysis as a philosophical method; clarity of prose; rigor in arguments; and making use of formal logic, mathematics, and to a lesser degree the natural sciences.Mautner, Thomas (editor) (2005) ''The Penguin Dictionary of Philosophy'', entry for "Analytic philosophy", pp. 22–23 It is further characterized by an interest in language, semantics and Meaning (philosophy), meaning, known as the linguistic turn. It has developed several new branches of philosophy and logic, notably philosophy of language, philosophy of mathematics, philosophy of science, modern predicate logic and mathematical logic. The proliferation of analysis in philosophy began around the turn of the 20th century and has been dominant since the latter half of the 20th century. Central figures in its historical development are Gottlob Frege, Bertrand Russell, G. E. Moore, and L ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tony Honoré
Anthony Maurice Honoré (30 March 1921 – 26 February 2019) was a British lawyer and jurist known for his work on ownership, causation and Roman law.John Gardne''Tony Honoré as Teacher and Mentor: A Personal Memoir''; read 1 April 2014. Biography Honoré was born in London but was brought up in South Africa. He served in the South African Infantry during the Second World War and was severely wounded in the Battle of Alamein. After the war he continued his studies at New College, Oxford, and he lived and taught in Oxford for seventy years, including periods as a fellow of The Queen's College and then of New College.Profile oTony HonréAll Souls College website, Oxford; read 1 April 2014. Between 1971 and 1988 he was Regius Professor of Civil Law at Oxford and a Fellow of All Souls College, Oxford;Profile oTony Honoré University of Oxford website, read 1 April 2014.Daniel Visser and Max Loubser (2011) Thinking about Law: Essays for Tony Honore'; Siber Ink, Westlake (South Af ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leslie Green (philosopher)
Leslie John Green (born 1956) is a Scottish-Canadian legal scholar specialising in jurisprudence. He is Professor of the Philosophy of Law and Fellow of Balliol College, Oxford University, and Professor of Law and Distinguished Faculty Fellow at Queen's University, Kingston. A legal positivist, his research also focuses on political philosophy and constitutional theory. Life and career Born in Bridge of Weir, Renfrewshire, Scotland in 1956, and educated at Queen's University, Canada, and at Nuffield College, Oxford, he completed his dissertation—which culminated in a book, ''The Authority of the State''—under professors Charles Taylor and later Joseph Raz. Like Raz, he has been an expositor and defender of the tradition of legal positivism and wrote the introduction and new supplementary materials for the third edition of H.L.A. Hart's classic work ''The Concept of Law.'' In 2006, Green was elected to the Professorship of Philosophy of Law at Oxford University, which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Gardner (legal Philosopher)
John Gardner (23 March 1965 – 11 July 2019) was a Scottish legal philosopher. He was senior research fellow at All Souls College, Oxford, and prior to that the Professor of Jurisprudence at the University of Oxford and a fellow of University College, Oxford. Life and career John Blair Gardner was born in Glasgow on 23 March 1965, the elder of two sons, to William Russell Williamson Gardner and Sylvia Gardner (''née'' Hayward-Jones). His parents were both Germanists. His mother was a secondary school teacher and his father was a senior lecturer at the University of Glasgow and Chairman of the city's Goethe-Institut. John Gardner attended Glasgow Academy from 1970 to 1982. He won (in 1982) a place to study modern languages at New College but switched to law before his first term (in 1983) began. At the University of Oxford, Gardner received his BA, BCL (winning the Vinerian Scholarship), MA, and DPhil, under the supervision of Joseph Raz and Tony Honoré. He was as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Neo-Kantian
In late modern philosophy, neo-Kantianism () was a revival of the 18th-century philosophy of Immanuel Kant. The neo-Kantians sought to develop and clarify Kant's theories, particularly his concept of the thing-in-itself and his moral philosophy. Origins The "back to Kant" movement began in the 1860s, as a reaction to the German materialist controversy in the 1850s. In addition to the work of Hermann von Helmholtz and Eduard Zeller, early fruits of the movement were Kuno Fischer's works on Kant and Friedrich Albert Lange's ''History of Materialism'' ('' Geschichte des Materialismus'', 1873–75), the latter of which argued that transcendental idealism superseded the historic struggle between material idealism and mechanistic materialism. Fischer was earlier involved in a dispute with the Aristotelian idealist Friedrich Adolf Trendelenburg concerning the interpretation of the results of the Transcendental Aesthetic, a dispute that prompted Hermann Cohen's 1871 seminal w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Moral Constructivism
Moral constructivism or ethical constructivism is a view both in meta-ethics and normative ethics which posits that: #Ethical sentences express propositions. #Some such propositions are true. #The truth or falsity of such propositions is ineliminably dependent on the result of a suitable constructivist procedure. Metaethical constructivism holds that correctness of moral judgments, principles and values is determined by being the result of a suitable constructivist procedure. In other words, normative values are a construction of human practical reason. It is opposed to all forms of moral realism, which posit that morality is something discovered by the use of theoretical reason, non-cognitivism, which denies that morality can be constructed rationally, and error theory, which denies the possibility of constructing an objective truth. In normative ethics, moral constructivism is the view that principles and values within a given normative domain can be justified based on the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Periodization
In historiography, periodization is the process or study of categorizing the past into discrete, quantified, and named blocks of time for the purpose of study or analysis.Adam Rabinowitz.It's about time: historical periodization and Linked Ancient World Data. Institute for the Study of the Ancient World Papers, 2014. . This is usually done to understand current and historical processes, and the causality that might have linked those events. Periodizations can provide a convenient segmentation of time, wherein events within the period might consist of relatively similar characteristics. However, determining the precise beginning and ending of any 'period' is often arbitrary, since it has changed over time and over the course of history. Systems of periodization are more or less arbitrary, yet it provides a framework to help us understand them. Periodizing labels are continually challenged and redefined, but once established, period "brands" are so convenient that many are hard to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of The United States
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the Federal government of the United States, federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the Unit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Science
Legal science is one of the main components in civil law tradition (after Roman law, canon law, commercial law, and the legacy of the revolutionary period). Legal science is primarily the creation of German legal scholars of the middle and late nineteenth century, and it evolved naturally out of the ideas of Friedrich Carl von Savigny. Savigny argued that German codification should not follow the rationalist and secular natural law thinking that characterized the French codification but should be based on the principles of law that had historically been in force in Germany. It is referred to as "Rechtswissenschaften" (plural) or "Rechtswissenschaft" (singular) in German. See also * Legal theory References Books * Black's Law Dictionary ''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Normativity
Normativity is the phenomenon in human societies of designating some actions or outcomes as good, desirable, or permissible, and others as bad, undesirable, or impermissible. A Norm (philosophy), norm in this sense means a standard for evaluating or making judgments about behavior or outcomes. "Normative" is sometimes also used, somewhat confusingly, to mean relating to a descriptive standard: doing what is normally done or what most others are expected to do in practice. In this sense a norm is not evaluative, a basis for judging behavior or outcomes; it is simply a fact or observation about behavior or outcomes, without judgment. Many researchers in science, law, and philosophy try to restrict the use of the term "normative" to the evaluative sense and refer to the description of behavior and outcomes as positive, descriptive, predictive, or empirical. ''Normative'' has specialized meanings in different academic disciplines such as philosophy, social sciences, and law. In most ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theory Of Law
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; and the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy. Modern jurisprudence began in the 18th century and was based on the first principles of natural law, civil law, and the law of nations. Contemporary philosophy of law addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists. Jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered: * Natural law holds that there are rational objective limits t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
