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In: Foundations of contemporary philosophy
In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law--an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Is the normative content of a law entirely determined by the facts that make it a law? Are there some normative moral constraints on what the law can be? And can we fully characterize and define the law without assuming a moral conception about what the law ought to be?
In: Social research: an international quarterly, Volume 47, Issue 4, p. 775-788
ISSN: 0037-783X
In: John M. Finnis, PHILOSOPHY OF LAW: COLLECTED ESSAYS VOLUME IV, Oxford: OUP, 2011
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In: Plateaus - New Directions in Deleuze Studies
In: PLAT
In: De Gruyter eBook-Paket Rechtswissenschaften
Aggregates and assesses Deleuze's claims about law, decision, judgement and related themes for the first timeDevelops a complete and self-sustaining Deleuzian philosophy of law where others have found only fragmentationExamines and uses various interdisciplinary connections, including law and literature, law and political theory, law and metaphysics, law and history of philosophy, and legal historyCritiques several approaches to the question of Deleuze's legal thoughtPromises to ignite debate and draw attention to the importance of legal theory for other fields, including social and political philosophyGilles Deleuze has provided the most fascinating account of law of the 20th century. Yet it is hidden in a just a few clues dispersed throughout his work and no complete reconstruction of it has ever been produced before. Laurent de Sutter gathers all the elements that compose Deleuze's philosophy of law and articulates them for the first time in a real system. The result is the most devastating critique of the very idea of law. But it is also surprising, praising the actual practice of jurisprudence. This is not simply a practice of judgment; it is a practice of radical creation and leads to an intriguing question: what if lawyers were the only true revolutionaries of our time?
Morality, justice, and natural law -- From common law to modern positivism -- Hart's legal positivism -- Legal theory and the Nazi legality problem -- Legal realism -- Competing images of law in contemporary jurisprudence -- Radical challenges ot mainstream theories -- Obedience and disobedience -- Legal and moral rights -- Law and private morals -- Radical critiques of liberal theories of law -- Guilty minds : recklessness, manslaughter, and murder -- Unlawful killing : the defences of necessity and duress -- Insanity and diminished responsibility -- Theories of punishment -- Radical perspectives on crime and punishment
In: Oxford readings in philosophy
In: Ankara Üniversitesi SBF dergisi, Volume 50, Issue 3, p. 1
ISSN: 1309-1034
In: Plateaus