Philosophy of Law: Collected Essays Volume IV
John Finnis
Abstract
This volume collects twenty-two chapters, grouped in four parts. These include two recent appreciations and critiques of Hart's legal and political theories; a thorough appreciation and critique of Dworkin's Law's Empire, and of Raz's theory of authority and coordination; and critiques of John Gardner on legal positivism and of Jules Coleman and Brian Leiter on positivism and naturalism. Aquinas is celebrated as founder of a sound account of law's positivity. Weber's accounts of the fact-value distinction, and of legitimation, Unger's theory of indeterminacy in law, Posner's law and economics ... More
This volume collects twenty-two chapters, grouped in four parts. These include two recent appreciations and critiques of Hart's legal and political theories; a thorough appreciation and critique of Dworkin's Law's Empire, and of Raz's theory of authority and coordination; and critiques of John Gardner on legal positivism and of Jules Coleman and Brian Leiter on positivism and naturalism. Aquinas is celebrated as founder of a sound account of law's positivity. Weber's accounts of the fact-value distinction, and of legitimation, Unger's theory of indeterminacy in law, Posner's law and economics and mishandling of intention, Kelsen's (and the courts') struggles with revolution, Hohfeld's misinterpreters on rights, Blackstone's architecture of the law, and John Paul II on legitimately enacting unjust laws are all subjects for detailed studies. One very long chapter and one short one survey the sweep of legal theory's history and main elements.
Keywords:
authority,
coordination,
positivity,
legitimation,
law and economics,
Hart,
Raz,
Dworkin,
Posner,
Unger
Bibliographic Information
| Print publication date: 2011 |
Print ISBN-13: 9780199580088 |
| Published to Oxford Scholarship Online: September 2011 |
DOI:10.1093/acprof:oso/9780199580088.001.0001 |
