An Analytic Concept of Law?: The Disputes of Methods and Purposes in Analytic Jurisprudence

2013 ◽  
Author(s):  
Nicolls LLpez PPrez
Keyword(s):  
Author(s):  
Ditlev Tamm

Abstract This contribution deals with the influence of the Reformation on the law in Denmark. The Reformation was basically a reform of the church, but it also affected the concept of law and state in general. In 1536, King Christian III dismissed the catholic bishops and withheld the property of the church. The king, as custos duarum tabularum, guardian of both the tablets of law, also took over the legislation for the church. Especially in subjects of morals and criminal law new principles and statutes were enacted. Copenhagen University was reformed into a protestant seminary even though the former faculties were maintained. For that task Johannes Bugenhagen was summoned who also drafted the new church ordinance of 1537. In marriage law protestant principles were introduced. A marriage order was established in 1582.


Author(s):  
Philip Pettit

H.L.A. Hart’s (1961) book The Concept of Law already caught my fancy as an undergraduate student in Ireland. It seemed to do more in illumination of its theme than most of the tomes in analytical, continental or scholastic philosophy to which I was introduced in a wonderfully idiosyncratic syllabus. What I attempt here, many years later, is guided by a desire to explore the possibility of providing for ethics and morality the sort of perspective that Hart gave us on the law....


Author(s):  
Frederick Schauer

Law is not a natural kind, but is instead an artifact. Like all artifacts, the artifact of law is created by human beings. But what human beings create can be re-created, and thus the artifact that is law is always open to modification or revision. And if law is open to modification or revision, then so too is our concept of it. This chapter explores the way in which one form of jurisprudential scholarship is that which seeks not to identify what our concept of law now is, but, rather, what our concept of law ought to be, in light of any number of moral or pragmatic goals.


2020 ◽  
Vol 3 (1) ◽  
pp. 56-65
Author(s):  
Mario De Benedetti

AbstractThe purpose of this article is to contextualize Bruno Leoni’s political theory within the Digital Information Society, a new dimension of public participation in the political arena and a sign of the democratic transition through new forms of involvement by public opinion. In particular, the evolution of the Information Society will be briefly examined starting from the studies of Fritz Machlup, considered its progenitor, to pass to the examination of the Leonian concept of law and politics in the technological society, with reference to Norbert Wiener and Karl Deutsch’s cybernetic theory. This paper will attempt to describe the evolutive process of political participation in democratic society by reinterpreting the thought of Bruno Leoni concerning Democracy, the State and the homo telematicus in the digital social order.


1962 ◽  
Vol 71 (6) ◽  
pp. 1185 ◽  
Author(s):  
Alf Ross ◽  
H. L. A. Hart

Ethics ◽  
1940 ◽  
Vol 50 (2) ◽  
pp. 127-143 ◽  
Author(s):  
Edgar Bodenheimer

1960 ◽  
Vol 13 (3) ◽  
pp. 247-261
Author(s):  
Robert A. Gessert

Though at first it seems quite simple and straightforward and though he devotes hundreds of pages to its exposition, Calvin's idea of law is subtle and elusive. He, like Luther, stresses the Protestant principle of justification by grace alone, but not a few interpreters have seen him as the severest of legalists who finally relegates grace to the position of being merely a means to works righteousness. It is undoubtedly pretentious to try to put law in its ‘true’ meaning and context in Calvin's schema. This paper must therefore be regarded as simply an exploratory effort in that direction.Since Calvin was himself a competent student of the secular law, a fruitful method for investigating this problem would be to inquire into the character of the legal studies that formed such an important part of his background. How did he regard the Roman Law which had been shaping European civilisation for several centuries? To what extent was he influenced by Greek versions of the Natural Law which had been so important to Thomas Aquinas? In the English language we make the word ‘law’ (like ‘love’) carry, somewhat promiscuously, nuances of meaning that the more analytical languages of Latin and Greek distinguish. The tools of Philology and History may be necessary for a definitive examination of Calvin's concept of law.


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