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Table of contents (11 chapters)
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Front Matter
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Back Matter
Keywords
About this book
What is this authorising origin? Different forms include an originary author, an a priori concept, and an immediacy of bonding between person and laws. In each case the origin is unwritten in the sense of being inaccessible to the authoritative texts written by the officials of civil institutions of the sovereign state.
Conklin sets his thesis in the context of the legal theory of the polis and the pre-polis of Greek tribes. The author claims that the problem is that the tradition of legal positivism of a modern sovereign state excises the experiential, or bodily, meanings from the written language of the posited rules/norms, thereby forgetting the very pre-legal authorising origin of the posited norms that each philosopher admits as offering the finality that legal reasoning demands if it is to be authoritative.
Authors and Affiliations
Bibliographic Information
Book Title: The Invisible Origins of Legal Positivism
Book Subtitle: A Re-Reading of a Tradition
Authors: William E. Conklin
Series Title: Law and Philosophy Library
DOI: https://doi.org/10.1007/978-94-010-0808-2
Publisher: Springer Dordrecht
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eBook Packages: Springer Book Archive
Copyright Information: Springer Science+Business Media Dordrecht 2001
Hardcover ISBN: 978-0-7923-7101-4Published: 31 August 2001
Softcover ISBN: 978-1-4020-0282-3Published: 30 November 2001
eBook ISBN: 978-94-010-0808-2Published: 06 December 2012
Series ISSN: 1572-4395
Series E-ISSN: 2215-0315
Edition Number: 1
Number of Pages: XI, 350
Topics: Philosophy of Law, Ethics, Theories of Law, Philosophy of Law, Legal History, Political Philosophy, Constitutional Law