The Hart-Fuller Debate in the Twenty-First Century
Series: Hart-Fuller Debate in the Twenty-First Century;
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Product details:
- Edition number 1
- Publisher Bloomsbury Publishing (UK)
- Date of Publication 16 February 2010
- Number of Volumes Hardback
- ISBN 9781841138947
- Binding Hardback
- No. of pages360 pages
- Size 238x162x24 mm
- Weight 640 g
- Language English 0
Categories
Short description:
This book re-thinks debates held at a colloquium in 2008 in the light of social, political and intellectual developments in the past 50 years.
MoreLong description:
This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between HLA Hart and Lon L Fuller. These essays do not to re-run that debate and they are not confined to discussion of the jurisprudential issues canvassed by Hart and Fuller. Rather they pick up on strands in the debate and re-think them in the light of social, political and intellectual developments in the past 50 years and changed ways of understanding law and other normative systems. This collection looks forward rather than backward using the debate as a point of departure and inspiration.
MoreTable of Contents:
1. Out of the 'Witches' Cauldron'?
Reinterpreting the Context and Reassessing the Significance of the Hart-Fuller Debate
Nicola Lacey
2. Human Rights and the Rule of Law After Conflict
Hilary Charlesworth
3. The Hart-Fuller Debate's Silence on Human Rights
Karen Knop
4. International Criminal Law and the Inner Morality of Law
Larry May
5. On Visibility and Secrecy in International Criminal Law
Christopher Kutz
6. The Hart-Fuller Debate, Transitional Societies and the Rule of Law
Martin Krygier
7. Legal Pluralism and the Contrast Between Hart's Jurisprudence and Fuller's
Jeremy Waldron
8. The Politics of Defining Law
Margaret Davies
9. Law as a Means
Leslie Green
10. Comment on 'Law as a Means'
Anthony J Sebok
11. Two Turns of the Screw
Desmond Manderson
12. The Common Discourse of Hart and Fuller
Ngaire Naffine
13. How Norms Become Normative
Philip Pettit
14. Resentment, Excuse and Norms
Richard H McAdams
15. Positivism and the Separation of Realists from their Scepticism: Normative Guidance, the Rule of Law and Legal Reasoning
Gerald J Postema
16. Legal Reasoning, the Rule of Law and Legal Theory
Brian H Bix
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