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Legal Thought and Philosophy: What Legal Scholarship is About


ISBN13: 9781781955499
Published: July 2013
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £109.00
Paperback edition , ISBN13 9781781955505



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Legal Thought and Philosophy is an account of legal thinking that combines analytical and phenomenological insights. From a conception of justice as principled political self-restraint, the book explains why there are moral reasons to separate law from morality conceptually and in what sense a legal order is positive - that is, set by authority and bound up with history. The book explores the possible conditions under which law may become an object of knowledge and theorizing, before finally discussing how these features come together in law as rule-following by citizens, officials, judges, and legislators alike.

Subjects:
Jurisprudence
Contents:
Preface Introduction
1. Legal Order
2. Justice, Rights and Human Dignity
3. Positive Law and Sovereign Authority
4. Legal Knowledge and Legal Doctrine: Validity of Law
5. Following the Law as Following a Rule
Bibliography
Index