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.

In this book Professor Weiss combines thorough research and careful analysis with imaginative solutions and a moral fervour, to show how rules of international law can be applied in an intertemporal dimension, and how the basic principles of the intergenerational equity can be developed to provide new standards for human behaviour. She manages to communicate to the reader not only that the situation is getting desperate but also that human intelligence can in time devise adequate remedies, without destroying completely our (...) way of life. (shrink)

Includes bibliographical references and index.

This long-awaited book sets out the implications of Habermas's theory of communicative action for moral theory. "Discourse ethics" attempts to reconstruct a moral point of view from which normative claims can be impartially judged. The theory of justice it develops replaces Kant's categorical imperative with a procedure of justification based on reasoned agreement among participants in practical discourse.Habermas connects communicative ethics to the theory of social action via an examination of research in the social psychology of moral and interpersonal development. (...) He aims to show that our basic moral intuitions spring from something deeper and more universal than contingent features of our tradition, namely from normative presuppositions of social interaction that belong to the repertoire of competent agents in any society. Jürgen Habermas is Professor of Philosophy at the University of Frankfurt. (shrink)

"Toward a Feminist Theory of the State" presents Catharine MacKinnon's powerful analysis of politics, sexuality, and the law from the perspective of women.

Law, Morality and Society Essays in Honour of H.L.A Hart.

The first part of this article contains an analysis of the concept of a right, which implies a rational structure of reasoning about rights, elaborated in the second part. In the third part both the concept of a right and reasoning about rights are connected with the theory of rational discourse. The author's thesis is that there exists an internal relation between the theory of rights and the theory of legal reasoning.

The author singles out various conceptions of rationality used in practical legal discourse: formal and substantive rationality, instrumental goal‐ and means‐rationality, communicative rationality. Practical rationality is expressed in decisions justified by epistemic and axiological premises according to the rules of justificatory reasoning. Five levels of analysis of this justification are identified. Rules, principles and evaluations are used as justifying arguments and their characteristics determine the dimensions of rationality of decision depending on the features of rules, various conceptions of principles, and (...) kinds of relativisation of evaluations. The dimensions of legal rationality depend mainly on three singled out conceptions of rationality, i.e., formal rationality dealing with the deep structure of justification, instrumentally oriented rationality as content of justifiability, and communicative rationality linked with the pragmatics of human interaction. Legitimacy, according to the presented analysis, appears as a subclass of external justification dealing with axiological premisses in terms of instrumental rationality and/or communicative rationality. (shrink)

A major contribution to contemporary social theory. Not only does it provide a compelling critique of some of the main perspectives in 20th century philosophy and social science, but it also presents a systematic synthesis of the many themse which have preoccupied Habermas for thirty years. --Times Literary Supplement.

Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act (...) and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force. (shrink)

Tthis book is likely to receive its warmest reception form advanced students of the philosophy of law, who will welcome the relief provided from the frequently sterile tone of much recent work in the field.

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)

Rules are a central component of such diverse enterprises as law, morality, language, games, religion, etiquette, and family governance, but there is often confusion about what a rule is, and what rules do. Offering a comprehensive philosophical analysis of these questions, this book challenges much of the existing legal, jurisprudential, and philosophical literature, by seeing a significant role for rules, an equally significant role for their stricter operation, and making the case for rules as devices for the allocation of power (...) among decision-makers. (shrink)

It has long been argued that the institution of judicial review is incompatible with democratic institutions. This criticism usually relies on a procedural conception of democracy, according to which democracy is essentially a form of government defined by equal political rights and majority rule. I argue that if we see democracy not just as a form of government, but more basically as a form of sovereignty, then there is a way to conceive of judicial review as a legitimate democratic institution. (...) The conception of democracy that stems from the social contract tradition of Locke, Rousseau, Kant and Rawls, is based in an ideal of the equality, independence, and original political jurisdiction of all citizens. Certain equal basic rights, in addition to equal political rights, are a part of democratic sovereignty. In exercising their constituent power at the level of constitutional choice, free and equal persons could choose judicial review as one of the constitutional mechanisms for protecting their equal basic rights. As such, judicial review can be seen as a kind of shared precommitment by sovereign citizens to maintaining their equal status in the exercise of their political rights in ordinary legislative procedures. I discuss the conditions under which judicial review is appropriate in a constitutional democracy. This argument is contrasted with Hamilton's traditional argument for judicial review, based in separation of powers and the nature of judicial authority. I conclude with some remarks on the consequences for constitutional interpretation. (shrink)

Modernity's Consciousness of Time and Its Need for Self- Reassurance In his famous introduction to the collection of his studies on the sociology of ...

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.

Introduction HLA Hart: A biographical sketch Jurisprudence is the theoretical study of a practical subject. Its object is to achieve a systematic and ...

This collection of essays by one of America's leading legal theorists is unique in its scope: it shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science.

The Dual State, first published in 1941, remains one of the most erudite books on the legal origins of democracy and dictatorship. It provided the first comprehensive analysis of the rise and nature of National Socialism, and was the only such analysis written from within Hitler's Germany. Fraenkel's concept of the dual state, being the normative state and the the prerogative state. It retains its vital relevance for the theory of democracy in the twenty-first century. The Dual State considerably influenced (...) scholars studying and working on questions of political justice in the period following World War II, particularly in the context of political and legal theory; in the domain of legal history; in the area of constitutional theory; in the context of comparative politics; and in what has become known as the field of comparative constitutional law. This republication of Fraenkel's classic work makes it once again widely available to scholars and students in the field. It includes both Fraenkel's 1974 introduction to the German second edition, never before published in English, and a new introduction by Dr Jens Meierhenrich, examining the world in which The Dual State was originally published, and the lasting legacy of this classic work. (shrink)

In this book, one of our country's most distinguished scholar-judges shares with us his vision of the law.

Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. This objective book views these oblique circumstances from two perspectives: that of the person who faces a possible conflict between the claims of morality and law and must choose whether or not (...) to obey the penal code; and that of the people who make and uphold laws and must decide whether to treat someone with a moral claim to disobey differently from ordinary lawbreakers. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws. He also discusses techniques of amelioration of punishment for conscientious lawbreakers, asking how far legal systems should go to accomodate individuals who break the law for reason of conscience. Drawing from numerous examples of conflicts between law and morality, Greenawalt illustrates in detail the positions and predicaments of potential lawbreakers and lawmakers alike. (shrink)

Only paperback edition of great legal classic. Lucid, accessible coverage of liability, criminal law, torts, contracts, more, from historical perspective. New introduction by Sheldon M. Novick. Table of Cases.

On Tyranny is Leo Strauss's classic reading of Xenophon's dialogue, Hiero or Tyrannicus, in which the tyrant Hiero and the poet Simonides discuss the advantages and disadvantages of exercising tyranny. This edition includes a translation of the dialogue, a critique of the commentary by the French philosopher Alexandre Kojève, Strauss's restatement of his position in light of Kojève's comments, and finally, the complete Strauss-Kojève correspondence. "Through [Strauss's] interpretation Xenophon appears to us as no longer the somewhat dull and flat author (...) we know, but as a brilliant and subtle writer, an original and profound thinker. What is more, in interpreting this forgotten dialogue, Strauss lays bare great moral and political problems that are still ours." —Alexandre Kojève, Critique "On Tyranny is a complex and stimulating book with its 'parallel dialogue' made all the more striking since both participants take such unusual, highly provocative positions, and so force readers to face substantial problems in what are often wholly unfamiliar, even shocking ways." —Robert Pippin, History and Theory "Every political scientist who tries to disentangle himself from the contemporary confusion over the problems of tyranny will be much indebted to this study and inevitably use it as a starting point."—Eric Voegelin, The Review of Politics Leo Strauss (1899-1973) was the Robert Maynard Hutchins Distinguished Service Professor of Political Science at the University of Chicago. (shrink)

In this important volume Habermas outlines the views which form the basis of his critical theory of modern societies. The volume comprises five interlocking essays, which together define the contours of his theory of communication and of his substantive account of social change. ′What is Universal Pragmatics?′ is the best available statement of Habermas′s programme for a theoryof communication based on the analysis of speech acts. In the following two essays Habermas draws on the work of Kohlberg and others to (...) develop a distinctive account of moral consciousness and normative structures. ′Toward a Reconstruction of historical Materialsim′ takes these issues further, offering a wide–ranging reconstruction of Marx′s historical materialsim understood as a theory of social evolution. The final essay focuses on the question of legitimacy and on the legitimation problems faced by modern states. This book is essential reading for anyone concerned with the key questions of social and political theory today. (shrink)

Explains the social theories of contemporary German intellectual Jurgen Habermas.

Two conservative theorists, F. A. Hayek and Michael Oakeshott, have advanced theories of law with important and plausible central theses focusing on the rule of law. The author argues, however, that in each case the theorist ‐ or at least some of his followers on the contemporary British and American political scene ‐ have wrongly inferred strong conclusions from these theories which are inimical to the welfare state. In conclusion, the author points to possible ways of reconciling rule of law (...) to social justice. (shrink)

Existing accounts of the Rule of Law are inadequate and require fleshing out. The main value of the ideal of rule of law for liberal political theory lies in the notion of predictability, which is essential to individual autonomy. The author examines this connection and argues that conservative theories of rule of law claim too much. Liberal theory equates the rule of law with legality, which is only one of the elements necessary for a just social order.

The author's thesis is that there is a conceptually necessary connection between law and morality which means legal positivism must fail as a comprehensive theory. The substantiation of this thesis takes place within a conceptual framework which shows that there are at least 64 theses to be distinguished, concerning the relationship of law and morality. The basis for the author's argument in favour of a necessary connection, is formed by the thesis that individual legal norms and decisions as well as (...) whole legal systems necessarily make a claim to correctness. The explication of this claim within the frame of discourse theory shows that the law has a conceptually necessary, ideal dimension, which connects law with a procedural, universalistic morality. (shrink)

In the past decade the work of Jurgen Habermas has sparked off a series of lively debates over modernity and post-modernity, the nature of language, the interplay of law and politics and the dilemmas of morality. Significantly, these debates unfold in the context of his particular reading of the modern philosophical tradition from the German enlightment to the present period. In this original interpretation, David Rasmussen provides both guide and critique to the later Habermas encountered in the context of the (...) best of the critical literature that has emerged in recent years. Reading Habermas argues that Habermas' concept of modernity provides the context for the theory of language as well as his approaches to law and ethics. This book, as its title implies, offers a reading. It explores philosophical options chosen in the light of other, rejected readings. It is a distinctive, readable contribution to the current controversy surrounding the most recent developments in critical theory. (shrink)

The reconstructive theory of the procedural legitimacy of modern law developed on the basis of the theory of discourse ethics has limited itself solely to the deontological, moral‐normative aspects of the validity claims of legal norms and judgments. However, teleological and axiological aspects are also intertwined with legal validity claims and with the procedures in which legal norms and judgments are produced. The discursive‐procedural concept of legitimacy seems to require as its support, instead of the theory of discourse ethics, a (...) general theory of practical discourses or, more generally, of rational collective will‐formation. (shrink)