An edition of Judging positivism (2014)

Judging positivism

Judging positivism
Martin, Margaret (Law teacher) ...
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Last edited by ImportBot
February 26, 2022 | History
An edition of Judging positivism (2014)

Judging positivism

"Judging Positivism is a critical exploration of the method and substance of legal positivism. Margaret Martin is primarily concerned with the manner in which theorists who adopt the dominant positivist paradigm ask a limited set of questions and offer an equally limited set of answers, artificially circumscribing the field of legal philosophy in the process. The book focuses primarily but not exclusively on the writings of prominent legal positivist, Joseph Raz. Martin argues that Raz's theory has changed over time and that these changes have led to deep inconsistencies and incoherencies in his account. One re-occurring theme in the book is that Razian positivism collapses from within. In the process of defending his own position, Raz is led to support the views of many of his main rivals, namely, Ronald Dworkin, the legal realists and the normative positivists. The internal collapse of Razian positivism proves to be instructive. Promising paths of inquiry come into view and questions that have been suppressed or marginalised by positivists re-emerge ready for curious minds to reflect on anew. The broader vision of jurisprudential inquiry defended in this book re-connects philosophy with the work of practitioners and the worries of law's subjects, bringing into focus the relevance of legal philosophy for lawyers and laymen alike"--Provided by publisher.

Publish Date
Publisher
Hart Publishing
Language
English
Pages
185

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Edition Availability
Cover of: Judging positivism
Judging positivism
2014, Hart Publishing
in English

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Book Details


Table of Contents

Setting the stage : Practical reason and norms reconsidered
Between fact and value
The perils of positivism : why Raz becomes a realist
Raz's The morality of freedom : two models of authority
Law as public practical reasons revisited
The path not taken
Conclusion. The Raz-Postema debate deconstructed.

Edition Notes

Includes bibliographical references and index.

Published in
Oxford
Copyright Date
2014

Classifications

Dewey Decimal Class
340.112
Library of Congress
K331 .M378 2014, K331

The Physical Object

Pagination
xii, 185 pages
Number of pages
185

ID Numbers

Open Library
OL30950760M
ISBN 10
184946099X
ISBN 13
9781849460996
LCCN
2013417707
OCLC/WorldCat
812688855

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February 26, 2022 Edited by ImportBot import existing book
November 12, 2020 Created by MARC Bot import new book