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· 분류 : 외국도서 > 인문/사회 > 철학 > 일반
· ISBN : 9780415342155
· 쪽수 : 456쪽
· 출판일 : 2006-08-11
목차
Volume II: C Inclusive vs. Exclusive Legal Positivism 14 Authority, law and morality 15 Constraints on the criteria of legality 16 Law, morality, and the guidance of conduct 17 Authority and the practical difference thesis: a defense of inclusive legal positivism 18 Incorporation by law D Kelsenian Legal Positivism 19 What is the Pure Theory of Law? 20 The pure theory of law and analytical jurisprudence 21 On the basic norm 22 The neo-Kantian dimension of Kelsen’s Pure Theory of Law 23 An antimony in Kelsen’s Pure Theory of Law PART 3 Critics of legal positivism A Natural Law Tradition 24 The basic ideas in the philosophy of law of St. Thomas Aquinas as found in the ‘Summa Theologica’ 25 Natural law and legal reasoning 26 The ‘natural law tradition’ 27 On the incoherence of legal positivism 28 On the dividing line between natural law theory and legal positivism 29 Natural law jurisprudence 30 Positivism and fidelity to law ? a reply to Professor Hart 31 Scrupulousness without scruples: a critique of Lon Fuller and his defenders 32 Legal theory and the problem of sense 33 Interpretivist theories of law 34 Dworkin: a new link in the chain 35 On reason and authority in Law’s Empire














