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Legal Naturalism

2015-11-12 Law
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Release : 2015-11-12
Genre : Law
Kind : eBook
Book Rating : 746/5 ( reviews)

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Book Synopsis Legal Naturalism by : Olufemi Taiwo

Download or read book Legal Naturalism written by Olufemi Taiwo. This book was released on 2015-11-12. Available in PDF, EPUB and Kindle. Book excerpt: Legal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence. It explicates both Marx's writings and the idea of natural law, and makes a forceful contribution to current debates on the foundations of law. Olufemi Taiwo argues that embedded in the corpus of Marxist writing is a plausible, adequate, and coherent legal theory. He describes Marx's general concept of law, which he calls "legal naturalism." For Marxism, natural law isn't a permanent verity; it refers to the basic law of a given epoch or social formation which is an essential aspect of its mode of production. Capitalist law is thus natural law in a capitalist society and is politically and morally progressive relative to the laws of preceding social formations. Taiwo emphasizes that these formations are dialectical or dynamic, not merely static, so that the law which is naturally appropriate to a capitalist economy will embody tensions and contradictions that replicate the underlying conflicts of that economy. In addition, he discusses the enactment and reform of "positive law"—law established by government institutions—in a Marxian framework.

Analytical Legal Naturalism

2020-07-15 Philosophy
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Release : 2020-07-15
Genre : Philosophy
Kind : eBook
Book Rating : 803/5 ( reviews)

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Book Synopsis Analytical Legal Naturalism by : Samuel Zinaich, Jr.

Download or read book Analytical Legal Naturalism written by Samuel Zinaich, Jr.. This book was released on 2020-07-15. Available in PDF, EPUB and Kindle. Book excerpt: In legal jurisprudence, the phenomenon of “hard cases” presents itself as a dilemma between the legal positivists and the natural law realists. Of the former, without the metaphysical underpinnings of an objective legal or moral standard, the legal positivists cannot supply convincing arguments to supplant the sovereign as the origin and authority of law. The natural law realists face the problem of justifying the natural law. Against both views, S. Zinaich Jr. defends a middle position, Analytical Legal Naturalism (ALN). It represents an analytic norm, both necessarily true and known a posteriori. Against the legal positivists, it supplies an objective legal standard by removing--at least for hard cases--the necessity of the will of a sovereign authority. Against the natural law realists, ALN provides a nonmoral standard which, because of its analyticity and necessity, avoids the need for metaethical speculation. Finally, ALN provides a standard that not only supplies the universalizable punch to avoid political subjectivism, but does so in a conventional manner. Thus, ALN does not require a moral or modal reality as truth-making characteristics. Rather, it makes what is legally valuable or disvaluable dependent upon empirically verifiable facts that are legally relevant.

Naturalizing Jurisprudence

2007 Law
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Author :
Release : 2007
Genre : Law
Kind : eBook
Book Rating : 490/5 ( reviews)

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Book Synopsis Naturalizing Jurisprudence by : Brian Leiter

Download or read book Naturalizing Jurisprudence written by Brian Leiter. This book was released on 2007. Available in PDF, EPUB and Kindle. Book excerpt: Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revisedversions of ten of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect the Realist program to themethodology debate in contemporary jurisprudence; and explore the general implications of a naturalistic world view for problems about the objectivity of law and morality. Leiter has supplied a lengthy new introductory essay, as well as postscripts to several of the essays, in which he responds tochallenges to his interpretive and philosophical claims by academic lawyers and philosophers.This volume will be essential reading for anyone interested in jurisprudence, as well as for philosophers concerned with the consequences of naturalism in moral and legal philosophy.

Legal Naturalism

2015-11-12 Law
Download Legal Naturalism PDF Online Free

Author :
Release : 2015-11-12
Genre : Law
Kind : eBook
Book Rating : 738/5 ( reviews)

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Book Synopsis Legal Naturalism by : Olufemi Taiwo

Download or read book Legal Naturalism written by Olufemi Taiwo. This book was released on 2015-11-12. Available in PDF, EPUB and Kindle. Book excerpt: Legal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence. It explicates both Marx's writings and the idea of natural law, and makes a forceful contribution to current debates on the foundations of law. Olufemi Taiwo argues that embedded in the corpus of Marxist writing is a plausible, adequate, and coherent legal theory. He describes Marx's general concept of law, which he calls "legal naturalism." For Marxism, natural law isn't a permanent verity; it refers to the basic law of a given epoch or social formation which is an essential aspect of its mode of production. Capitalist law is thus natural law in a capitalist society and is politically and morally progressive relative to the laws of preceding social formations. Taiwo emphasizes that these formations are dialectical or dynamic, not merely static, so that the law which is naturally appropriate to a capitalist economy will embody tensions and contradictions that replicate the underlying conflicts of that economy. In addition, he discusses the enactment and reform of "positive law"—law established by government institutions—in a Marxian framework.

Analytical Legal Naturalism

2020-05-15 Law
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Author :
Release : 2020-05-15
Genre : Law
Kind : eBook
Book Rating : 798/5 ( reviews)

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Book Synopsis Analytical Legal Naturalism by : S. ZINAICH (JR.)

Download or read book Analytical Legal Naturalism written by S. ZINAICH (JR.). This book was released on 2020-05-15. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that analytical legal naturalism, which avoids the arbitrary principles associated with legal positivism and the odd properties associated with natural law, is a superior alternative for solving hard legal cases, where no close precedent arises or where conflicting precedents seem relevant.

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