Derecho Y Moral El Debate Entre El Positivismo Incluyente Y El Excluyente PDF Download
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| Author | : Kenneth Einar Himma |
| Publisher | : Universidad Externado |
| Total Pages | : 382 |
| Release | : 2011-01-01 |
| Genre | : Political Science |
| ISBN | : 9587109449 |
Download Derecho y moral: el debate entre el positivismo incluyente y el excluyente Book in PDF, ePub and Kindle
Este libro presenta una defensa de la tesis de la incorporación. El capítulo primero comienza con un vistazo histórico al debate que condujo a la aceptación ostensible de Hart de la tesis de la incorporación y la discusión crítica de algunas objeciones a ello. Finaliza con una defensa prima facie de la tesis de la incorporación. El resto del libro se ocupa de evaluar los argumentos más influyentes en contra de la tesis de la incorporación. Los capítulos segundo, tercero, cuarto y quinto se ocupan del famoso argumento de Joseph Raz de que la naturaleza del derecho implica una pretensión de autoridad legítima que es incompatible con la existencia de criterios morales de validez jurídica. El capítulo sexto se ocupa de evaluar los argumentos del influyente escrito de Scott Shapiro On Hart s Way Out . En el capítulo séptimo, el último capítulo, se intenta identificar el contenido de la regla de reconocimiento y el contenido de los criterios de validez en los Estados Unidos, tomando en cuenta una importante característica de la práctica estadounidense dejada de lado en las discusiones sobre tales materias.
| Author | : Wilfrid J. Waluchow |
| Publisher | : |
| Total Pages | : 305 |
| Release | : 2007 |
| Genre | : Legal positivism |
| ISBN | : 9788497684231 |
Download Positivismo jurídico incluyente Book in PDF, ePub and Kindle
| Author | : Carlos E. Alchourron |
| Publisher | : Springer |
| Total Pages | : 234 |
| Release | : 1971-11-30 |
| Genre | : Business & Economics |
| ISBN | : |
Download Normative Systems Book in PDF, ePub and Kindle
In consequence of an increased interest in problems relating to human action, normative concepts have been much discussed by philosophers and logicians in the past twenty years. Deontic logic, which deals with the normative use of language and such normative concepts as obligation, prohibition and permission, has become one of the most intensively cultivated areas of formal logic. Important investigations have been carried out which have shed considerable light on various aspects of the normative phenomenon and a great number of different systems of deontic logic have been developed. This progressive proliferation of deontic logics not only shows the great interest of logicians in normative discourse, but also reflects a basic perplexity: the lack of suitable criteria of adequacy for the interpretation of deontic calculi and hence difficulty in decid ing which of the systems provides the best reconstruction of the underlying normative concepts and can therefore be applied with the most fruitful results. This difficulty is so great that some authors have even expressed doubts about the practical usefulness of deontic logic. One of the sources of this perplexity lies in the absence of a well established pre-analytical basis for formal studies. It is sometimes even uncertain what the intuitive notions are that deontic logicians intend to reconstruct. In talking about obligations, prohibitions and permissions, they usually have in mind moral norms. But the choice of moral norm as an explicandum for the construction of a logic of norms has several disadvantages.
| Author | : John E. Wade II |
| Publisher | : Pelican Publishing Company, Inc. |
| Total Pages | : 350 |
| Release | : 2011-07-13 |
| Genre | : Social Science |
| ISBN | : 9781455615544 |
Download How to Achieve a Heaven on Earth hc Book in PDF, ePub and Kindle
This collection of 101 essays from some of today's most notable thinkers and leaders focuses on the large problems of society, as well as every day challenges, and encourages readers to envision a positive change. The essays explore the themes of peace, democracy, prosperity, racial harmony, ecology, and health, encouraging readers to find meaning in their own lives and share it with others.
| Author | : Kenneth Einar Himma |
| Publisher | : Oxford University Press |
| Total Pages | : 289 |
| Release | : 2020-05-06 |
| Genre | : Law |
| ISBN | : 0192597175 |
Download Coercion and the Nature of Law Book in PDF, ePub and Kindle
The Coercion Thesis has been a subject of longstanding debate, but legal positivist scholarship over the last several decades has concluded that coercion is not necessary for law. Coercion and the Nature of Law is concerned with reviving the Coercion Thesis, presenting a strong case for the inherently coercive nature of legal regulation, and arguing that anything properly characterized as a legal system must back legal norms prohibiting breaches of the peace with the threat of a coercive sanction. Himma presents the argument that people are self-interested beings who must compete in a world of scarcity for everything they need to survive and thrive. The need to compete for resources naturally leads to conflict that can breach the peace, and threatens the ability to live together in a community and reap the social benefits of cooperation. Law only functions as a system if it can maintain the peace enough for community to continue, and thus systems of law cannot succeed in doing anything that we want systems of law to do unless they back laws prohibiting violent assaults on persons or property with the threat of punishment; without sanctions, we would descend into something resembling a condition of war-of-all-against-all. We adopt coercive systems of regulation precisely to avoid having to live under such conditions. The book is divided into three parts: (1) a prima facie logical-empirical case for the Coercion Thesis, (2) a study of the "society of angels" and international law counterexamples, and why they do not refute the thesis, and (3) an analysis of how law guides behaviour and the implications of the Coercion Thesis on reasons for action. Going against the current conventional wisdom in legal philosophy, Himma makes a systematic defence of the Coercion Thesis arguing that coercion or enforcement mechanisms are not only a necessary feature of legal systems, but a conceptually necessary feature of legal systems.
| Author | : Kenneth Einar Himma |
| Publisher | : Oxford University Press |
| Total Pages | : 240 |
| Release | : 2019-03-07 |
| Genre | : Law |
| ISBN | : 0191035203 |
Download Morality and the Nature of Law Book in PDF, ePub and Kindle
Morality and the Nature of Law explores the conceptual relationship between morality and the criteria that determine what counts as law in a given societythe criteria of legal validity. Is it necessary condition for a legal system to include moral criteria of legal validity? Is it even possible for a legal system to have moral criteria of legal validity? The book considers the views of natural law theorists ranging from Blackstone to Dworkin and rejects them, arguing that it is not conceptually necessary that the criteria of legal validity include moral norms. Further, it rejects the exclusive positivist view, arguing instead that it is conceptually possible for the criteria of validity to include moral norms. In the process of considering such questions, this book considers Raz's views concerning the nature of authority and Shapiro's views about the guidance function of law, which have been thought to repudiate the conceptual possibility of moral criteria of legal validity. The book, then, articulates a thought experiment that shows that it is possible for a legal system to have such criteria and concludes with a chapter that argues that any legal system, like that of the United States, which affords final authority over the content of the law to judges who are fallible with respect to the requirements of morality is a legal system with purely source-based criteria of validity.
| Author | : Matthew Adler |
| Publisher | : Oxford University Press |
| Total Pages | : 412 |
| Release | : 2009-07-30 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 0195343298 |
Download The Rule of Recognition and the U.S. Constitution Book in PDF, ePub and Kindle
A volume of original essays that discusses the applicability of H. L. A. Hart's rule of recognition model of a legal system to U. S. Constitutional law as discussed in his book "The concept of law".
| Author | : Jordi Ferrer Beltrán |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 283 |
| Release | : 2013-04-03 |
| Genre | : Law |
| ISBN | : 9400760671 |
Download Neutrality and Theory of Law Book in PDF, ePub and Kindle
This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.
| Author | : Imer B. Flores |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 196 |
| Release | : 2012-09-29 |
| Genre | : Philosophy |
| ISBN | : 940074742X |
Download Law, Liberty, and the Rule of Law Book in PDF, ePub and Kindle
In recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it’s ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It discusses in detail the proper scope and limitations of adjudication and legislation, including the challenges not only of limiting legislative and executive power via judicial review but also of restraining active judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in maintaining a balance of power. It also addresses the relationship not only between the rule of law, human rights and separation of powers but also the rule of law, constitutionalism and democracy.
| Author | : Kenneth E. Himma |
| Publisher | : John Wiley & Sons |
| Total Pages | : 705 |
| Release | : 2008-06-09 |
| Genre | : Technology & Engineering |
| ISBN | : 0470281804 |
Download The Handbook of Information and Computer Ethics Book in PDF, ePub and Kindle
This handbook provides an accessible overview of the most important issues in information and computer ethics. It covers: foundational issues and methodological frameworks; theoretical issues affecting property, privacy, anonymity, and security; professional issues and the information-related professions; responsibility issues and risk assessment; regulatory issues and challenges; access and equity issues. Each chapter explains and evaluates the central positions and arguments on the respective issues, and ends with a bibliography that identifies the most important supplements available on the topic.
