Index of philosophy of law articles

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This is an index of articles in jurisprudence.

<i>A Failure of Capitalism</i> book by Richard Posner

A Failure of Capitalism: The Crisis of '08 and the Descent into Depression is a non-fiction book by the economist Richard Posner. The text was initially published on May 1, 2009 by Harvard University Press. Posner criticizes President George W. Bush and his administration's policies and the response to the fiscal crisis, and moves away from his past well-known advocacy of free-market capitalism. The book has been primarily noted not for his criticism of progressive government policies, but rather his critique of laissez-faire capitalism and its ideologues.

Alf Niels Christian Ross was a Danish legal and moral philosopher and scholar of international law. He is best known as one of the leading exponents of Scandinavian legal realism. He is known for Ross's paradox.

The American Society for Political and Legal Philosophy (ASPLP) is a learned society founded in 1955 by political theorist Carl Friedrich. The ASPLP's annual thematic conferences form the foundation for the Nomos series. The ASPLP operates according to a distinctive three-discipline structure. Its annual meetings rotate on a three-year cycle, meeting in conjunction with the Association of American Law Schools, the American Political Science Association, and the American Philosophical Association. Its presidency rotates among the three disciplines, with vice-presidents always representing the other two. And its conferences consist of three lead papers, one from each discipline, each with two commentators from the other two disciplines.

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Jurisprudence theoretical study of law, by philosophers and social scientists

Jurisprudence or legal theory is the theoretical study of law, principally by philosophers but, from the twentieth century, also by social scientists. Scholars of jurisprudence, also known as jurists or legal theorists, hope to obtain a deeper understanding of legal reasoning, legal systems, legal institutions, and the role of law in society.

Philosophy of law branch of philosophy and fundamental discipline of law

Philosophy of law is a branch of philosophy and jurisprudence that seeks to answer basic questions about law and legal systems, such as "What is law?", "What are the criteria for legal validity?", "What is the relationship between law and morality?", and many other similar questions.

This Index of ethics articles puts articles relevant to well-known ethical debates and decisions in one place - including practical problems long known in philosophy, and the more abstract subjects in law, politics, and some professions and sciences. It lists also those core concepts essential to understanding ethics as applied in various religions, some movements derived from religions, and religions discussed as if they were a theory of ethics making no special claim to divine status.

Legal positivism is a school of thought of analytical jurisprudence largely developed by legal thinkers in the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin developed legal positivist theory, empiricism set the theoretical foundations for such developments to occur. The most prominent legal positivist writing in English has been H. L. A. Hart, who in 1958 found common usages of "positivism" as applied to law to include the contentions that:

  1. laws are commands of human beings
  2. there is no necessary connection between law and morality, that is, between law as it is and as it ought to be.
  3. analysis of legal concepts is worthwhile and is to be distinguished from history or sociology of law, as well as from criticism or appraisal of law, for example with regard to its moral value or to its social aims or functions
  4. a legal system is a closed, logical system in which correct decisions can be deduced from predetermined legal rules without reference to social considerations
  5. moral judgments, unlike statements of fact, cannot be established or defended by rational argument, evidence, or proof

Legal realism is a naturalistic approach to law and is the view that jurisprudence should emulate the methods of natural science, i.e., rely on empirical evidence. Hypotheses have to be tested against observations of the world.

Ronald Dworkin American legal philosopher

Ronald Myles Dworkin, FBA was an American philosopher, jurist, and scholar of United States constitutional law. At the time of his death, he was Frank Henry Sommer Professor of Law and Philosophy at New York University and Professor of Jurisprudence at University College London. Dworkin had taught previously at Yale Law School and the University of Oxford, where he was the Professor of Jurisprudence, successor to renowned philosopher H. L. A. Hart. An influential contributor to both philosophy of law and political philosophy, Dworkin received the 2007 Holberg International Memorial Prize in the Humanities for "his pioneering scholarly work" of "worldwide impact." According to a survey in The Journal of Legal Studies, Dworkin was the second most-cited American legal scholar of the twentieth century. After his death, the Harvard legal scholar Cass Sunstein said Dworkin was "one of the most important legal philosophers of the last 100 years. He may well head the list."

H. L. A. Hart 1907–1992; British legal philosopher

Herbert Lionel Adolphus Hart, FBA, usually cited as H. L. A. Hart, was a British legal philosopher, and a major figure in political and legal philosophy. He was Professor of Jurisprudence at Oxford University and the Principal of Brasenose College, Oxford. His most famous work is The Concept of Law, which has been hailed as "the most important work of legal philosophy written in the twentieth century". He is considered one of the world's foremost legal philosophers in the twentieth century, alongside Hans Kelsen.

Lon Luvois Fuller was a noted legal philosopher, who criticized legal positivism and defended a secular and procedural form of natural law theory. Fuller was a professor of Law at Harvard University for many years, and is noted in American law for his contributions to both jurisprudence and the law of contracts. His debate in 1958 with the prominent British legal philosopher H. L. A. Hart in the Harvard Law Review was important in framing the modern conflict between legal positivism and natural law theory. In his widely discussed 1964 book, The Morality of Law, Fuller argues that all systems of law contain an "internal morality" that imposes on individuals a presumptive obligation of obedience. Robert S. Summers said in 1984: "Fuller was one of the four most important American legal theorists of the last hundred years".

Hans Kelsen Austrian lawyer

Hans Kelsen was an Austrian jurist, legal philosopher and political philosopher. He is author of the 1920 Austrian Constitution, which to a very large degree is still valid today. Due to the rise of totalitarianism in Austria, Kelsen left for Germany in 1930 but was forced to leave this university post after Hitler's seizure of power in 1933 because of his Jewish ancestry. That year he left for Geneva and later moved to the United States in 1940. In 1934, Roscoe Pound lauded Kelsen as "undoubtedly the leading jurist of the time." While in Vienna, Kelsen met Sigmund Freud and his circle, and wrote on the subject of social psychology and sociology.

Robert Alexy German jurist

Robert Alexy is a jurist and a legal philosopher.

The Concept of Law book by H.L.A. Hart

The Concept of Law (ISBN 0-19-876122-8) is the most famous work of the legal philosopher H. L. A. Hart. It was first published in 1961 and develops Hart's theory of legal positivism within the framework of analytic philosophy. In this work, Hart sets out to write an essay of descriptive sociology and analytical jurisprudence. The Concept of Law provides an explanation to a number of traditional jurisprudential questions such as "what is law?", "must laws be rules?", and "what is the relation between law and morality?". Hart answers these by placing law into a social context while at the same time leaving the capability for rigorous analysis of legal terms, which in effect "awakened English jurisprudence from its comfortable slumbers". As a result Hart's book has remained "one of the most influential text of analytical legal philosophy", as well as "the most successful work of analytical jurisprudence ever to appear in the common law world"

Jeremy Waldron is a New Zealand professor of law and philosophy. He holds a University Professorship at the New York University School of Law and was formerly the Chichele Professor of Social and Political Theory at All Souls College, Oxford University. Waldron also holds an adjunct professorship at Victoria University of Wellington. Waldron is regarded as one of the world's leading legal and political philosophers.

<i>Taking Rights Seriously</i> book by Ronald Dworkin

Taking Rights Seriously is a 1977 book about the philosophy of law by Ronald Dworkin. In this landmark book, Dworkin argues against the dominant philosophy of Anglo-American legal positivism as presented by H. L. A. Hart in The Concept of Law (1961) and utilitarianism by proposing that rights of the individual against the state exist outside of the written law and function as "trumps" against the interests or wishes of the majority.

The Hart–Fuller debate is an exchange between Lon Fuller and H. L. A. Hart published in the Harvard Law Review in 1958 on morality and law, which demonstrated the divide between the positivist and natural law philosophy. Hart took the positivist view in arguing that morality and law were separate. Fuller's reply argued for morality as the source of law's binding power.

Articles in social and political philosophy include:

The Hart–Dworkin debate is a debate in legal philosophy between H. L. A. Hart and Ronald Dworkin. At the heart of the debate lies a Dworkinian critique of Hartian legal positivism, specifically, the theory presented in Hart's book The Concept of Law.

Matthew Henry Kramer FBA is an American philosopher, currently Professor of Legal and Political Philosophy at the University of Cambridge and a Fellow of Churchill College, Cambridge. He writes mainly in the areas of metaethics, normative ethics, legal philosophy, and political philosophy. He is a leading proponent of legal positivism. He has been Director of the Cambridge Forum for Legal and Political Philosophy since 2000. He has been teaching at Cambridge University and at Churchill College since 1994.

Jurisprudence of values or jurisprudence of principles is a school of legal philosophy. This school represents, according to some authors, a step in overcoming the contradictions of legal positivism and, for this reason, it has been considered by some authors as a post-positivism school. Jurisprudence of values is referred to in various works all over the world.

Legal Positivism is a book by the Italian jurist Norberto Bobbio about one of the ontological elements of foundations of law — the jusphilosophical school called juspositivism or legal positivism.

<i>Laws Empire</i>

Law's Empire is a 1986 text in legal philosophy by Ronald Dworkin, in which the author continues his criticism of the philosophy of legal positivism as promoted by H.L.A. Hart during the middle to late 20th century. The book notably introduces Dworkin's Judge Hercules as an idealized version of a jurist with extraordinary legal skills who is able to challenge various predominating schools of legal interpretation and legal hermeneutics prominent throughout the 20th century. Judge Hercules is eventually challenged by Judge Hermes, another idealized version of a jurist who is affected by an affinity to respecting historical legal meaning arguments which do not affect Judge Hercules in the same manner. Judge Hermes' theory of legal interpretation is found by Dworkin in the end to be inferior to the approach of Judge Hercules.