In this reprint of Law's Empire,Ronald Dworkin reflects on the nature of the law, its given authority, its application in democracy, the prominent role of interpretation in judgement, and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce. For that community, Law's Empire provides a judicious and coherent introduction to the place of law in our lives.Previously Published by Harper Collins. Reprinted (1998) by Hart Publishing.

.The author discusses Hart's concept of legal obligation, especially his contention that there is an obligation to obey the law which is peculiarly legal, i.e., non‐moral. This view is held to be mistaken. What is denied is that legal rules, merely by their being issued, offer a justification for the use of coercion to ensure compliance with them. Although moral and other social rules are considered self‐justifying, that is not the case of legal rules. Any analogy between these two types (...) of rules in justifying their implementation by force is deemed wrong.**. (shrink)

The "Cartesian Meditations" translation is based primarily on the printed text, edited by Professor S. Strasser and published in the first volume of Husserliana ...

This is the first publication of these ideas in book form. 'It is a rare treat--important, original philosophy that is also a pleasure to read.

Legitimate authority -- The claims of law -- Legal positivism and the sources of law -- Legal reasons, sources, and gaps -- The identity of legal systems -- The institutional nature of law -- Kelsen's theory of the basic norm -- Legal validity -- The functions of law -- Law and value in adjudication -- The rule of law and its virtue -- The obligation to obey the law -- Respect for law -- A right to dissent? : civil disobedience (...) -- A right to dissent? : conscientious objection --The purity of the pure theory -- The argument from justice, or how not to reply to legal positivism. (shrink)

INTRODUCTION Ever since the beginning of the modern phenomenological movement disciplined attention has been paid to various patterns of human experience as ...

This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to ...

Human rights have become an important ideal in current times, yet our age has witnessed more violations of human rights than any previous less enlightened one. This book explores the historical and theoretical dimensions of this paradox. Divided into two parts, the first section offers an alternative history of natural law, in which natural rights are represented as the eternal human struggle to resist opression and to fight for a society in which people are no longer degraded or despised. At (...) the time of their birth in the 18th Century and again in the popular uprisings of the last decade, human rights became the dominant critique of law and society. The radical rhetoric of rights and its apparently endless expansive potential has led to its adoption by governments and individuals alike seeking to justify their actions on moral grounds and has undermined its radical edge. Part Two examines the philosophical logic of rights. The classical critiques of Kant, Burke, Hegel and Marx illuminate traditional aproaches to the concept of human rights. The work of Heidegger, Sartre and psychoanalysis is used to deconstruct the metaphisical essentialism of bothe universalists and cultural relativists. Finally, through a consideration of the ethics of otherness, and with reference to recent human rights violations, it is argued that the end of human rights is to judge law and politics from a moral stand point which both transcends the present and is historically relevant. (shrink)

A sequel to Levinas's Totality and Infinity, this work is generally considered Levinas's most important contribution to the contemporary debate surrounding the closure of metaphysical discourse, much commented upon by Jacques Derrida. This work contains a fundamentally original theory of the ethical relationship and describes the face-to-face relationship, sensibility, responsibility and speech. Renowned Levinas scholar Richard A. Cohen has contributed a new foreword to this edition of Otherwise than Being, which is also the first time the work is available in (...) an affordable paperback edition. This foreword, along with Alphonso Lingis's extensive introduction to the work, is a valuable tool for researchers and students of Levinas's philosophy. (shrink)

Of fundamental importance to literary critics and philosophers, Difference and Repetition develops two central concepts -- pure difference and complex ...

The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher (...) Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers. In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question. Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world. (shrink)

Emmanuel Levinas is now widely recognised alongside Heidegger, Merleau-Ponty and Sartre as one of the most important Continental philosophers of the twentieth century. His abiding concern was the primacy of the ethical relation to the other person and his central thesis was that ethics is first philosophy. His work has also had a profound impact on a number of fields outside philosophy such as theology, Jewish studies, literature and cultural theory, psychotherapy, sociology, political theory, international relations theory and critical legal (...) theory. This volume, first published in 2002, contains overviews of Levinas's contribution in a number of fields, and includes detailed discussions of his early and late work, his relation to Judaism and talmudic commentary, and his contributions to aesthetics and the philosophy of religion. (shrink)

The final published book by Nobel Prize-winning author and philosopher Henri Bergson (1859-1941), La pensée et le mouvant (translated here as The Creative Mind), is a masterly autobiography of his philosophical method. Through essays and lectures written between 1903 and 1923, Bergson retraces how and why he became a philosopher, and crafts a fascinating critique of philosophy itself. Until it leaves its false paths, he demonstrates, philosophy will remain only a wordy dialectic that surmounts false problems. With masterful skill and (...) intensity, Bergson shows that metaphysics and science must be rooted in experience for philosophy to become a genuine search for truth. And in the quest for unanswered questions, the spiritual dimension of human life and the importance of intuition must be emphasized. A source of inspiration for physicists as well as philosophers, Bergson's introduction to metaphysics reveals a philosophy that is always on the move, blending man's spiritual drive with his mastery of the material world. (shrink)

Emmanuel Levinas has been Professor of Philosophy at the Sorbonne and the director of the Ecole Normale Israelite Orientale. Through such works as "Totality and Infinity" and "Otherwise than Being", he has exerted a profound influence on twentieth-century continental philosophy, providing inspiration for Derrida, Lyotard, Blanchot and Irigaray. "The Levinas Reader" collects, often for the first time in English, essays by Levinas encompassing every aspect of his thought: the early phenomenological studies written under the guidance and inspiration of Husserl and (...) Heidegger; the fully developed ethical critique of such totalizing philosophies; the pioneering texts on the moral dimension to aesthetics; the rich and subtle readings of the Talmud which are an exemplary model of an ethical, transcendental philosophy at work; the admirable meditations on current political issues. Sean Hand's introduction gives a complete overview of Levinas's work and situates each chapter within his general contribution to phenomenology, aesthetics, religion, politics and, above all, ethics. Each essay has been prefaced with a brief introduction presenting the basic issues and the necessary background, and suggesting ways to study the text further. (shrink)

Hans Kelsen is considered by many to be the foremost legal thinker of the twentieth century. During the last decade of his life he was working on what he called a general theory of norms. Published posthumously in 1979 as Allgemeine Theorie der Normen, the book is here translated for the first time into English. Kelsen develops his "pure theory of law" into a "general theory of norms", and analyzes the applicability of logic to norms to offer an original and (...) extreme position which some have called "normative irrationalism". Examining the views of over 200 philosophers and legal theorists on law, morality, and logic, and revising several of his own earlier positions, Kelsen's final work is a mandatory resource for legal and moral philosophers. (shrink)

In his introduction Professor Hart offers both an exposition and a critical assesment of some central issues in jurisprudence and political theory. Essay themes include Bentham's identification of the forms of mistification protecting the law from criticism, his relation to Beccaria and his conversion to democratic radicalism.

Much has been written on Levinas's ethics. However, there is a problem with his ethical theory that has received little attention in the literature, the problem of moral motivation. Nuyen argues that given what Levinas says about the empirical conditions in which metaphysical responsibility is played out, he stills owes an account of the normative force of such an ethics.

Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-32334. ISBN 1-886363-74-9. Cloth. $95. * Reprint of the first edition.