Philosophy of Law Collected Essays Volume IV 1st Edition by John Finnis 0199580081 9780199580088

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Product details:

ISBN 10: 0199580081 

ISBN 13: 9780199580088

Author: John Finnis

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 nearly thirty 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; analogy’s role in legal reasoning; the distribution of constitutional authority in the Empire and its dissolution; the judicial opportunism of separation of powers doctrine in the Australian constitution; the architecture of Blackstone’s Commentaries; restitution in civil wrongs; and many other aspects of law and legal theory. Several papers bring to bear his extensive work as a constitutional adviser and lawyer on persistent problems of constitutional theory. Previously unpublished papers include two on critical or post-modern legal theory, and an introduction reflecting on legal philosophy’s development and future.

Table of contents:

Part One: Foundations of Law’s Authority

1. Describing Law Normatively (2003)

2. Law’s Authority and Social Theory’s Predicament (1984)

3. Law as Coordination (1989)

4. Positivism and ‘Authority’ (1987)

Part Two: Theories and Theorists of Law

5. A Grand Tour of Legal Theory (2002)

6. Legal Philosophy: Roots and Recent Themes (1998)

7. The Truth in Legal Positivism (1996)

8. Blackstone’s Theoretical Intentions (1967)

9. Weber, Objectivity, and Legal-Rational Authority (1985)

10. On Hart’s Ways: Law as Reason and as Fact (2007)

11. Hart as a Political Philosopher (2009)

12. Reason and Authority in Law’s Empire (1987)

13. Critical Legal Studies (1985)

14. ‘Legal Liberalism’ or Liber et Legalis? (1986)

15. Individuals, Communities, and Postmodernism: Some Notes (1995)

Part Three: Legal Reasoning

16. Allocating Risks and Suffering: Some Hidden Traps (1990)

17. Practical Reasoning in Law: Some Clarifications (1990)

18. Rights: Their Logic Restated (1972)

19. Analogical Reasoning in Law (1994)

20. Adjudication and Legal Change (1999)

Part Four: The Two Senses of ‘Legal System’

21. Revolutions and Continuity of Law (1971)

22. Just Votes for Unjust Laws (2004)

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