Franklin

Law's reality : a philosophy of law / Allan Beever (professor of law, School of Law, Auckland University of Technology, New Zealand).

Author/Creator:
Beever, Allan, author.
Publication:
Northampton : Edward Elgar Publishing, 2021.
Format/Description:
Book
1 online resource (352 pages).
Series:
Elgar studies in legal theory.
Elgar studies in legal theory
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Subjects:
Law -- Philosophy.
Form/Genre:
Electronic books.
Summary:
"Allan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers. Structured into three distinct parts - the philosophy of law and jurisprudence, the structure of the social word and the ontology of law, and the reconstruction of the philosophy of law - the author provides insight into law as a human institution and reveals that central debates are often based on misunderstandings of interpretation and intentionality. Inspired by the philosophy of John Searle alongside other well-respected legal theorists, the author also analyses both sides of the mainstream jurisprudential divide in its current state, in particular the theory of legal positivism. Examining all aspects of law and answering the important question of 'What is Law?', this book will be an invaluable resource for academics and advanced students in law schools and philosophy departments"-- Provided by publisher.
Contents:
Introduction
Part I: The philosophy of law and jurisprudence
1. Jurisprudence
2. Philosophy
Part II: The structure of the social world and the ontology of law
3. Intentionality
4. Language
5. Background
6. Interpretation
7. Institutions
8. Law
Part III: Reconstructing the philosophy of law
9. Directions
10. Rules
11. Normativity
12. Procedure
13. Principles
14. Authority
15. Dualism
16. Morality
17. Understanding
18. Justification
19. Conclusion
Bibliography
Index.
Notes:
Includes bibliographical references and index.
Description based on publisher supplied metadata and other sources.
Contributor:
Edward Elgar Publishing, publisher.
ISBN:
1-80037-415-1
OCLC:
1259320931