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This chapter contains sections titled: Jurisprudence: Method and Subject Matter Legality and Authority Positivism: Austin vs. Hart The Authority of Law Judicial Discretion Incorporationism and Legality Raz' s Theory of Authority Incorporationism and Authority Conclusion Postscript References. |
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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 (...) |
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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 ... |
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The collection of Malayalam records entitled Vanjeri Grandhavari, taken from the archives of an important Namputiri Brahmin family and the temple under its leadership, provides some long-awaited information regarding a wide range of legal activities in late medieval Kerala. The organization of law and the jurisprudence represented by these records bear an unmistakable similarity to legal ideas found in dharmastra texts. A thorough comparison of the records and relevant dharma texts shows that landholding Namputiri Brahmins, who possessed enormous political and (...) |
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With Imagining Karma, Gananath Obeyesekere embarks on the very first comparison of rebirth concepts across a wide range of cultures. Exploring in rich detail the beliefs of small-scale societies of West Africa, Melanesia, traditional Siberia, Canada, and the northwest coast of North America, Obeyesekere compares their ideas with those of the ancient and modern Indic civilizations and with the Greek rebirth theories of Pythagoras, Empedocles, Pindar, and Plato. His groundbreaking and authoritative discussion decenters the popular notion that India was the (...) |
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How might the social sciences best be employed in the study of law, especially in light of today's legal climate of anti-foundationalism? Realistic Socio-Legal Theory addresses this question thoroughly and precisely. Drawing upon philosophical pragmatism to construct an epistemological and methodological foundation, this book formulates a framework for a realistic approach to socio-legal theory. Brian Z. Tamanaha contrasts the strengths of his realistic approach with those of the major schools of socio-legal theory through application to many key issues in the (...) |
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This book examines, above all, the relationship between reason and Vedic revelation, and the philosophical responses to the idea of the Veda. It deals with such topics as dharma, karma and rebirth, the role of man in the universe, the motivation and justification of human actions, the relationship between ritual norms and universal ethics, and reflections on the goals and sources of human knowledge. Halbfass presents previously unknown materials concerning the history of sectarian movements, including the notorious "Thags" (thaka), and (...) |
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This work brings together eight linked essays which make the case for a revival of general jurisprudence in response to the challenges of globalisation, explores how far the heritage of Anglo-American jurisprudence and comparative law is adequate to meeting the challenges, and puts forward an agenda for general jurisprudence and comparative law, especially in the English-speaking world in the first ten or twenty years of the millennium. The book is traditional in focussing on the mainstream of Anglo-American intellectual heritage and (...) |
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