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A Theory of Legal Obligation

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A Theory of Legal Obligation / Bookshare ~ The focus of this monograph lies in the construction of a theory of legal obligation, understanding it as a discrete notion with its own defining traits. In this work, Bertea specifically addresses the question: how should legal obligation be distinctively conceptualized? . Book Details Book Quality: Publisher Quality ISBN-13: 9781108679541 .

(PDF) Obligation: A Legal-Theoretical Perspective ~ Neil MacCormick focuses on the question of what constitutes a rational justification of a legal decision. MacCormick’s most important book on this subject is Legal Reasoning and Legal Theory (1978).

A Theory of Legal Obligation by Christopher Essert :: SSRN ~ Abstract. I propose a theory of legal obligation, which I call the Simple Theory, according to which for me to be legally obligated not to do some action is just for it to be the case that, from the legal point of view, the reasons for me not to do that action defeat any reasons for me to do it.

and updated - MSR LAW BOOKS ~ Msrlawbooks© Juris-Legal Theory P T O Page 9 It is a type of investigation into the essential principles of law and the legal systems (Salmond). It is the science of the first principles of civil law. The legal concepts like contracts, torts or criminal law consist of a set of rules. It has no such legal authority and further it has no practical

(PDF) Natural Law and the Theory of Moral Obligation ~ The paper explores theories of moral obligation from those of late scholastics such as Francisco Suarez and Gabriel Vasquez to those of Samuel Pufendorf and John Locke. The theories of Pufendorf and Locke are contrasted. Although these two theories

Law and Legal Theory Books - Goodreads ~ Law and Legal Theory Books Showing 1-31 of 31 The Conceptual Foundations of Transitional Justice (Hardcover) by. Colleen Murphy (shelved 1 time as law-and-legal-theory) . The Problem of Political Obligation: A Critical Analysis of Liberal Theory (Paperback) by. Carole Pateman

A Theory of Legal Obligation (è±†ç“Ł) - book.douban ~ ć›ŸäčŠA Theory of Legal Obligation ä»‹ç»ă€äčŠèŻ„、èźșć›ćŠæŽšè . Stefano Bertea is a Deutsche Forschungsgemeinschaft research fellow at the Goethe UniversitĂ€t and an Associate Professor at the University of Leicester.

The Blackwell Guide to the Philosophy of Law and Legal Theory ~ Martin P. Golding is Professor of Philosophy and Professor of Law at Duke University, where he directs the joint law-philosophy program. His books include Philosophy of Law (1975), Legal Reasoning (1984), and Free Speech on Campus (2000). He is also editor of Jewish Law and Legal Theory (1994).. William A. Edmundson is Professor of Law and of Philosophy at Georgia State University.

Theories of Contract Law and Enforcing Promissory Morality ~ The subtitle of Charles Fried's enormously influential book, Contract as Promise, is "A Theory of Contractual Obligation." However, the extent to which the book presents a theory of contract law remains controversial and unsettled. In the book, Fried proclaims that "the promise principle" is "the

A Theory of Obligation / The Journal of Humanitarian ~ SUMMARY: This article presents a theory of obligation in the context of humanitarianism. Its foundational assumption is that there exists a moral imperative to assist the structurally dispossessed and functionally abused. It builds particularly on the cross-disciplinary work (both academic and applied) of anthropologists, but also of political scientists, sociologists, human rights specialists .

Understanding Jurisprudence : An Introduction to Legal Theory ~ "An engaging writing style makes this a highly readable and interesting account for all law students, offering the ideal support for a legal theory module as well as providing valuable context for the study of law in general Written by an experienced academic and author, the text explains complex ideas clearly yet without avoiding the subtleties of the subject Covers a broad range of thinkers .

Theory of Legal Obligation - Oxford Scholarship ~ This chapter defends the Simple Theory of Legal Obligation. According to this theory, to be legally obligated not to do some action is just for it to be the case that, from the legal point of view, the reasons not to do that action defeat any reasons for me to do it. I argue that the Simple Theory dovetails nicely with recent work about precedential reasoning and that it responds to Dworkin .

John Rawls, Legal obligation and the duty of fair play ~ Massimo Renzo - 2008 - Legal Theory 14 (3):193–217. Legal Obligation as a Duty of Deference. Kimberley Brownlee - 2008 - Law and Philosophy 27 (6):583 - 597.

Law, Ethics, and Justice ~ courage, honesty, and morality. The cumulative obligation that arises from all of these often competing duties can only be met with best efforts. Applying ethics to the results of law as it is applied to individuals and to the society, ethics can create a duty to pursue justice. Such a pursuit is an individual obligation upon every official. 1.

Hobbes on Legal Authority and Political Obligation ~ Hobbes on Legal Authority and Political Obligation develops a new interpretation of Hobbes's theory of political obligation. According to the account developed in the book, the directives issued by the sovereign as introducing authoritative requirements, so that subjects are morally obligated to obey them.

On a Recent Theory of "Legal Obligation" / Mises Institute ~ This procedure seems to be rather confusing and leaves us in the dark about the “real” nature of a legal obligation, especially as one cannot see how an “obligation” accepted from an internal point of view can become “legal” for the very fact that there is some “physical sanction” to support it (see e.g. p. 84, 85, 175 and 210 .

Sources of International Law: An Introduction ~ In theory, where a treaty provision codifies a rule of customary law the source of law is the . an isolated passage from a book or article and assuming without more that it accurately . While it is the treaty which creates the legal obligation – and then only for the States which choose to become party to it – the importance of the .

Free Law Books Download / Ebooks Online TextBooks ~ Legal Treatises includes casebooks, local practice manuals, form books, works for lay readers, pamphlets, letters, speeches and other works of the most influential writers of their time. It is of great value to researchers of domestic and international law, government and politics, legal history, business and economics, criminology and much more.

PHILOSOPHY OF LAW OUTLINE - Princeton ~ place, what the books say the law is. And they are often prescriptive 2. . and the misleading theory . when the light is red a standard of behavior and an obligation.” 3. Legal realists cannot explain judicial behavior: “For the judge, in punishing, takes the

The Pure Theory of Law (Stanford Encyclopedia of Philosophy) ~ Kelsen’s two most important books on the pure theory of law are the first edition of his Reine Rechtslehre, published in 1934 and recently (2002) translated. The second edition, which Kelson published in 1960 (translated in 1967) is a considerably extended version of the first edition.

LEGAL POSITIVISM vs. NATURAL LAW THEORY ~ obligation to obey it, but there is no legal obligation to obey it, either. Augustine, Aquinas, and Martin Luther King are supporters of this view. Lon Fuller argued there is some necessary overlap between legality and justice, because it’s impossible to have a legal system without fidelity to the rule of law and formal justice.

Law of Obligations - Oxford Scholarship ~ This discussion of the law of obligations is divided into three parts: the law of contract, the law of delict, and Quasi-contracts and Enrichissement Sans Cause. The first part considers the creation and the effects of contracts. The second part considers the liability of personal fault, liability for the ‘actions of things’, liability for another person’s action, special liability .

: The Oxford Handbook of Jurisprudence and ~ One of the first volumes in the new series of prestigious Oxford Handbooks, The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty seven of the foremost legal theorists currently writing, to provide a state of the art overview of jurisprudential scholarship. Each author presents an account of the contending views and scholarly debates .

Legal Theory - an overview / ScienceDirect Topics ~ W.L. Twining, in International Encyclopedia of the Social & Behavioral Sciences, 2001. 2.3 Theory of Law. Bentham's legal theory operates on at least three levels: first, his general theory of law and its philosophical underpinnings; second, subtheories on, for example, codification and nomography, constitutional law, punishment and reward, and adjective law; third, the pannomion, a .