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 Previously unpublished papers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.
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Produktdetaljer
ISBN
9780191616204
Publisert
2020
Utgiver
Vendor
OUP Oxford
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter