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Product details:
- Publisher OUP Oxford
- Date of Publication 19 September 2013
- ISBN 9780199689972
- Binding Paperback
- No. of pages528 pages
- Size 236x164x28 mm
- Weight 774 g
- Language English 0
Categories
Short description:
John Finnis has been a central figure in the development of legal philosophy over the past half-century. This volume of his Collected Essays shows the full range and power of his contributions to core problems in the philosophy of law: the foundations of law's authority; legal reasoning; constitutional theory; and the logic of law-making.
MoreLong description:
John Finnis has been a central figure in the fundamental re-shaping of legal philosophy over the past half-century. This volume of his Collected Essays shows the full range and power of his contributions to the philosophy of law. The volume collects nearly thirty papers: on the foundations of law's authority; major theories and theorists of law; legal reasoning; revolutions, rights and law; and the logic of law-making.
The essays collected include Finnis' recent appreciations and root-and-branch critiques of Hart's legal and political theories, his engagements with other central figures and works in the field, including Dworkin's Law's Empire; Raz on authority and coordination; Coleman, Leiter and Gardner on legal positivism and naturalism; Aquinas as founder of legal positivism; Weber on the fact-value distinction and legitimation; Unger on indeterminacy in law; Posner on intention and economics; Kelsen and courts on revolutions; game-theory and rational-choice theory; with misinterpreters of Hohfeld on rights logic; John Paul II on voting for unjust laws; analogy's role in legal reasoning; the distribution of constitutional authority in the Empire and its dissolution; the judicial opportunism of separation of powers doctrine in the Australian constitution; the architecture of Blackstone's Commentaries; restitution in civil wrongs; and many other aspects of law and legal theory. Several papers bring to bear his extensive work as a constitutional adviser and lawyer on persistent problems of constitutional theory.
Previously unpublished papers include two on critical or post-modern legal theory, and an introduction reflecting on legal philosophy's development and future.
Table of Contents:
Introduction Foundations of law's authority
Describing Law Normatively
Law's Authority and Social Theory's Predicament
Law as Coordination
"Authority" and Positivism
Legal Positivism's Incoherence
Legal reasoning
Allocating Risks and Suffering: Some Hidden Traps
Practical Reasoning in Law: Some Clarifications
Rights: Their Logic Restated
Analogical Reasoning in Law
Separating Powers: Some Judicial Power-play
The Fairy Tale's Moral
Grand theories and theorists of law
A Short History of Legal Philosophy
Aquinas on Law Updated
Natural Law Theory: A Sketch
Natural Law Legal Theory: The Classical Tradition
The Truth in Legal Positivism
Blackstone's Theoretical Intentions
Weber on Legal-Rational Authority
On Hart's Ways: Law as Reason and as Fact
Hart as a Political Philosopher
Reason and Authority in Law's Empire
Critical Legal Studies
Legal Liberalism or Liber et Legalis?
Individuals, Communities and Postmodernism: Some Notes
Revolutions, rights and law
After Revolution: Courts and Theories
Revolutions and Continuity of Law
Governing Responsibilities under a Foreign Constitution?
Dependencies, Governance and Common Goods
The logic of law making
Just Votes for Unjust Laws
