Hegel's Laws serves as an accessible introduction to Hegel's ideas on the nature of law. In this book, William Conklin examines whether state-centric domestic and international laws are binding upon autonomous individuals. The author also explores why Hegel assumes that this arrangement is more civilized than living in a stateless culture. The book takes the reader through different structures of legal consciousness, from the private law of property, contract, and crimes to intentionality, the family, the role of the state, and international law. Conklin clearly introduces Hegel's...

Legal Realism Regained presents a comparison between the legal realists, a group of pragmatic legal theorists from the 1920s and 1930s, and critical legal studies, a movement of postmodern legal theory during the end of the twentieth century. The book argues for a return to legal realism and the classical pragmatism of John Dewey and William James and for a rejection of the postmodern critique of critical legal studies. It discusses the two movements with respect to three topics: their view of history, their view of social science, and their view of language. Rejecting the claim that...

In this substantially revised second edition, Neil MacCormick delivers a clear and current introduction to the life and works of H.L.A. Hart, noted Professor of Jurisprudence at Oxford University from 1952 to 1968. Hart established a worldwide reputation through his powerful philosophical arguments and writings in favor of liberalizing criminal law and applying humane principles to punishment. This book demonstrates that Hart also made important contributions to analytical jurisprudence, notably by clarifying many terms and concepts used in legal discourse, including the concept of law...

In this substantially revised second edition, Neil MacCormick delivers a clear and current introduction to the life and works of H.L.A. Hart, noted Professor of Jurisprudence at Oxford University from 1952 to 1968. Hart established a worldwide reputation through his powerful philosophical arguments and writings in favor of liberalizing criminal law and applying humane principles to punishment. This book demonstrates that Hart also made important contributions to analytical jurisprudence, notably by clarifying many terms and concepts used in legal discourse, including the concept of law...

The jurist Ebu's-suud (c. 1490-1574) occupies a key position in the history of Islamic law. An Ottoman tradition, which began in the seventeenth century and which modern historians often reiterate, asserts that Ebu's-suud succeeded in harmonizing the secular law with the shari 'a, creating, in effect, a new ideal Islamic legal system. This book examines the validity of this assertion.
The author begins by choosing five areas of Islamic law for analysis: the Sultan and legal sovereignty; land tenure and taxation; trusts in mortmain; marriage and the family; and crimes and torts. In...

In a series of fifteen vivid essays, this book discusses the contributions of great common-law jurists and singular documents--namely the Magna Carta and the Laws and Liberties of Massachusetts--that have shaped common law, from its origins in twelfth-century England to its arrival in the American colonies. Featured jurists include such widely recognized figures as Glanvill, Francis Bacon, Sir Edward Coke, and John Selden, as well as less known but influential writers like Richard Hooker, Michael Dalton, William Hudson, and Sir Matthew Hale. Across the essays, the jurists' personalities are...

Philosophical aesthetics has seen an amazing revival over the past decade, as a radical questioning of the very grounds of Western epistemology has revealed that some antinomies of aesthetic experience--and in particular of the limits of the aesthetical--can be viewed as a general, yet necessarily open model for human understanding. In this revival, no text in the classical corpus of Western philosophy has been more frequently discussed than the complex paragraphs modestly inserted into Kant's Critique of Judgment as sections 23-29: the Analytic of the Sublime. This book is a rigorous...

Sir Edward Coke (1552-1634), the first judge to strike down a law, gave us modern common law by turning medieval common law inside-out. Through his resisting strong-minded kings, he bore witness for judicial independence. Coke is the earliest judge still cited routinely by practicing lawyers. This book breaks new ground as the first scholarly biography of Coke, whose most recent general biography appeared in 1957, and draws revealingly on Coke's own papers and notebooks. The book covers Coke's early life and career, to the end of the reign of Elizabeth I in 1603 (a second volume will cover...

Though many legal theorists are familiar with Jurgen Habermas's work addressing core legal concerns, they are not necessarily familiar with his earlier writings in philosophy and social theory. Because Habermas's later work on law invokes, without significant explanation, the whole battery of concepts developed in earlier phases of his career, even otherwise sympathetically inclined legal theorists face significant obstacles in evaluating his insights. A similar difficulty faces those outside the legal academy who are familiar with Habermas's earlier work. While they readily comprehend...

1850 to 1900 was a period that saw English Catholics emerging from a long period of social obscurity, confident that a "Second Spring" would bring them to a position of moral authority and influence in Victorian England. here, the author examines that confidence and finds it misplaced.