Reason, Democracy, Society
A Treatise on the Basis of Legal Thinking
Authors: Urbina, Sebastián
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- About this book
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Reason, Democracy, Society deals with basic points of legal theory and philosophy of law. The main contention of the book relates to the insufficiencies of the legal positivistic approach. Some of its claims are that we must sharply separate what the law is from, what the law ought to be, and that we can know what the law is without appealing to meta-legal considerations. These and other claims are criticized. The author shows that with the legal positivistic approach we cannot know, in all cases, what the law is, if that is equated to the rules posited by the legislator. He also challenges H.L.A. Hart's and MacCormick's points of view, amongst others, about the characteristic corner stones of legal positivism. Some other issues relate to human rights, legal rationality and efficiency and ethics. This book will be of interest to philosophers concerned with law or ethics, those concerned with justice in modern society and to jurists and law students.
- Table of contents (8 chapters)
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Introduction
Pages 6-24
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Which Positivism?
Pages 25-49
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Analysis and Ideology
Pages 50-63
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On Legal Rationality
Pages 64-81
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Legal Reasoning and Formal Criteria of Recognition
Pages 82-134
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Table of contents (8 chapters)
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Bibliographic Information
- Bibliographic Information
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- Book Title
- Reason, Democracy, Society
- Book Subtitle
- A Treatise on the Basis of Legal Thinking
- Authors
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- Sebastián Urbina
- Series Title
- Law and Philosophy Library
- Series Volume
- 25
- Copyright
- 1996
- Publisher
- Springer Netherlands
- Copyright Holder
- Springer Science+Business Media B.V.
- eBook ISBN
- 978-94-017-2846-1
- DOI
- 10.1007/978-94-017-2846-1
- Hardcover ISBN
- 978-0-7923-4262-5
- Softcover ISBN
- 978-90-481-4759-5
- Series ISSN
- 1572-4395
- Edition Number
- 1
- Number of Pages
- X, 246
- Topics
