Collected Essays

Volume IV: Philosophy of Law
1. Auflage 2011
ISBN: 978-0-19-958008-8
Verlag: Oxford University Press

Buch, Englisch, 528 Seiten, Format (B × H): 164 mm x 240 mm, Gewicht: 916 g

Collects John Finnis's seminal work on the philosophy of law, developing and extending the account of law offered in Natural Law and Natural Rights
Features seven previously unpublished essays, including an overview of the development and goals of legal philosophy, and analyses of post-modern theories of law
Presents Finnis's close engagements with a wide range of legal theories and theorists, from Aquinas and Blackstone to Dworkin and Raz, explaining his natural law theory in dialogue with the major legal philosophers past and present

John Finnis has been a central figure in the fundamental re-shaping of legal philosophy over the past half-century. This volume of his Collected Essays shows the full range and power of his contributions to the philosophy of law. The volume collects over twenty papers: on the foundations of law's authority; major theories and theorists of law; legal reasoning; revolutions, rights and law; and the logic of law-making.

The essays collected include Finnis' recent appreciations and root-and-branch critiques of Hart's legal and political theories, his engagements with other central figures and works in the field, including Dworkin's Law's Empire; Raz on authority and coordination; Coleman, Leiter and Gardner on legal positivism and naturalism; Aquinas as founder of legal positivism; Weber on the fact-value distinction and legitimation; Unger on indeterminacy in law; Posner on intention and economics; Kelsen and courts on revolutions; game-theory and rational-choice theory; with misinterpreters of Hohfeld on rights logic; John Paul II on voting for unjust laws; the architecture of Blackstone's Commentaries; restitution in civil wrongs; and many other aspects of law and legal theory.

Previously unpublished papers include two on critical or post-modern legal theory - one on analogical reasoning in law, and a survey of legal philosophy's history and current of development. An introduction carries forward the debate with his contemporaries, and the reflections on how legal philosophy got to where it is.

Zielgruppe

Scholars and students of law, especially specialists in legal philosophy; philosophers working on political and moral philosophy, and the philosophy of law; theologians interested in natural law theory.

Autoren/Hrsg.

Finnis, John

Fachgebiete

• Geisteswissenschaften Philosophie Rechtsphilosophie, Rechtsethik
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsphilosophie, Rechtsethik

Inhaltsverzeichnis

Introduction
Foundations of Law's Authority
1: Describing Law Normatively
2: Law's Authority and Social Theory's Predicament
3: Law as Coordination
4: Positivism and 'Authority'
Grand Theories and Theorists of law
5: A Grand Tour of Legal Theory
6: Legal Philosophy: Roots and Recent Themes
7: The Truth in Legal Positivism
8: Blackstone's Theoretical Intentions
9: Weber, Objectivity, and Legal-Rational Authority
10: On Hart's Ways: Law as Reason and as Fact
11: Hart as a Political Philosopher
12: Reason and Authority in Law's Empire
13: Critical Legal Studies
14: Legal Liberalism or Liber et Legalis?
15: Individuals, Communities, and Postmodernism: Some Notes
Legal Reasoning
16: Allocating Risks and Suffering: Some Hidden Traps
17: Practical Reasoning in Law: Some Clarifications
18: Rights: Their Logic Restated
19: Analogical Reasoning in Law
20: Adjudication and Legal Change
The Two Senses of 'Legal System'
21: Revolutions and Continuity of Law
22: Just Votes for Unjust Laws
Bibliography of the Works of John Finnis

Über Autor(innen)

John Finnis, Professor of Law and Legal Philosophy at Oxford University and Professor of Law at the University of Notre Dame