By Gerald J. Postema
Volume eleven, the 6th of the old volumes of A Treatise of felony Philosophy and common Jurisprudence, offers a clean, philosophically engaged, serious interpretation of the most currents of jurisprudential proposal within the English-speaking global of the twentieth century. It tells the story of 2 lectures and their legacies: Oliver Wendell Holmes, Jr.’s “The direction of legislations” (1897) and H.L.A. Hart’s Holmes Lecture, “Positivism and the Separation of legislation and Morals” (1958). Holmes’s radical problem to past due nineteenth century felony technological know-how gave start to a wealthy number of competing ways to knowing legislations and criminal reasoning from realism to monetary jurisprudence to felony pragmatism, from restoration of key parts of universal legislations jurisprudence and rule of legislations doctrine within the paintings of Llewellyn, Fuller and Hayek to root-and-branch assaults at the ideology of legislations by means of the serious criminal reports and Feminist routine. Hart, concurrently construction upon and remodeling the undations of Austinian analytic jurisprudence laid within the early twentieth century, brought rigorous philosophical solution to English-speaking jurisprudence and provided a reinterpretation of criminal positivism which set the time table for analytic criminal philosophy to the tip of the century and past. A wide-ranging debate over the function of ethical rules in felony reasoning, sparked by way of Dworkin’s primary problem to Hart’s thought, generated competing interpretations of and basic demanding situations to center doctrines of Hart’s positivism, together with the character and position of conventions on the foundations of legislation and the technique of philosophical jurisprudence.
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Extra info for A Treatise of Legal Philosophy and General Jurisprudence: Volume 11: Legal Philosophy in the Twentieth Century: The Common Law World
A Treatise of Legal Philosophy and General Jurisprudence: Volume 11: Legal Philosophy in the Twentieth Century: The Common Law World by Gerald J. Postema