forms liberate reclaiming the jurisprudence of lon l fuller

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Forms Liberate

Author : Kristen Rundle
ISBN : 9781847319371
Genre : Law
File Size : 85. 45 MB
Format : PDF
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Lon L Fuller's account of what he termed 'the internal morality of law' is widely accepted as the classic twentieth century statement of the principles of the rule of law. Much less accepted is his claim that a necessary connection between law and morality manifests in these principles, with the result that his jurisprudence largely continues to occupy a marginal place in the field of legal philosophy. In 'Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller', Kristen Rundle offers a close textual analysis of Fuller's published writings and working papers to explain how his claims about the internal morality of law belong to a wider exploration of the ways in which the distinctive form of law introduces meaningful limits to lawgiving power through its connection to human agency. By reading Fuller on his own terms, 'Forms Liberate' demonstrates why his challenge to a purely instrumental conception of law remains salient for twenty-first century legal scholarship.

The Morality Of Law

Author : Lon L. Fuller
ISBN : 0300010702
Genre : Law
File Size : 25. 45 MB
Format : PDF
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Tthis book is likely to receive its warmest reception form advanced students of the philosophy of law, who will welcome the relief provided from the frequently sterile tone of much recent work in the field.

Self Constitution

Author : Christine M. Korsgaard
ISBN : 9780191567827
Genre : Philosophy
File Size : 30. 13 MB
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Christine M. Korsgaard presents an account of the foundation of practical reason and moral obligation. Moral philosophy aspires to understand the fact that human actions, unlike the actions of the other animals, can be morally good or bad, right or wrong. Few moral philosophers, however, have exploited the idea that actions might be morally good or bad in virtue of being good or bad of their kind - good or bad as actions. Just as we need to know that it is the function of the heart to pump blood to know that a good heart is one that pumps blood successfully, so we need to know what the function of an action is in order to know what counts as a good or bad action. Drawing on the work of Plato, Aristotle, and Kant, Korsgaard proposes that the function of an action is to constitute the agency and therefore the identity of the person who does it. As rational beings, we are aware of, and therefore in control of, the principles that govern our actions. A good action is one that constitutes its agent as the autonomous and efficacious cause of her own movements. These properties correspond, respectively, to Kant's two imperatives of practical reason. Conformity to the categorical imperative renders us autonomous, and conformity to the hypothetical imperative renders us efficacious. And in determining what effects we will have in the world, we are at the same time determining our own identities. Korsgaard develops a theory of action and of interaction, and of the form interaction must take if we are to have the integrity that, she argues, is essential for agency. On the basis of that theory, she argues that only morally good action can serve the function of action, which is self-constitution.

Just And Unjust Peace

Author : Daniel Philpott
ISBN : 9780199827565
Genre : Philosophy
File Size : 68. 86 MB
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In the wake of political evil on a large scale, what does justice consist of? Daniel Philpott takes up this question in Just and Unjust Peace. While scholars have written about many aspects of dealing with past injustice, no general ethic has emerged. Philpott seeks to provide a holistic model that delivers concrete ethical guidelines for societies striving to build peace.

The Oxford Handbook Of Comparative Constitutional Law

Author : Michel Rosenfeld
ISBN : 9780199578610
Genre : Law
File Size : 32. 32 MB
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The field of comparative constitutional law is vast and diverse, international and interdisciplinary. The first single source of reference on the topic, the entries in Handbook are written by leading authorities and discuss the most important subjects in the field, covering the history and development of the discipline, core concepts, structure and interpretations, institutions, rights, and emerging trends. It is an invaluable resource for everyone in the field.

Einstein S German World

Author : Fritz Stern
ISBN : 0691074585
Genre : Biography & Autobiography
File Size : 63. 15 MB
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A series of essays by the Columbia University professor emeritus and author of Dreams and Delusions: The Drama of German History explores Germany in the first half of the nineteenth century--a country that produced Einstein and many other great thinkers and could have dominated the century had it not succumbed to Nazism.

Legitimacy And Legality In International Law

Author : Jutta Brunnée
ISBN : 9781139491471
Genre : Law
File Size : 28. 36 MB
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It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.

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