Philosophy of Law: Collected Essays Volume IV

Paperback | October 5, 2013

byJohn Finnis

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John Finnis has been a central figure in the fundamental re-shaping of legal philosophy over the past half-century. This volume of his Collected Essays shows the full range and power of his contributions to the philosophy of law. The volume collects nearly thirty papers: on the foundations oflaw's authority; major theories and theorists of law; legal reasoning; revolutions, rights and law; and the logic of law-making. The essays collected include Finnis' recent appreciations and root-and-branch critiques of Hart's legal and political theories, his engagements with other central figures and works in the field, including Dworkin's Law's Empire; Raz on authority and coordination; Coleman, Leiter and Gardner on legalpositivism and naturalism; Aquinas as founder of legal positivism; Weber on the fact-value distinction and legitimation; Unger on indeterminacy in law; Posner on intention and economics; Kelsen and courts on revolutions; game-theory and rational-choice theory; with misinterpreters of Hohfeld onrights logic; John Paul II on voting for unjust laws; analogy's role in legal reasoning; the distribution of constitutional authority in the Empire and its dissolution; the judicial opportunism of separation of powers doctrine in the Australian constitution; the architecture of Blackstone'sCommentaries; restitution in civil wrongs; and many other aspects of law and legal theory. Several papers bring to bear his extensive work as a constitutional adviser and lawyer on persistent problems of constitutional theory. Previously unpublished papers include two on critical or post-modern legal theory, and an introduction reflecting on legal philosophy's development and future.

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John Finnis has been a central figure in the fundamental re-shaping of legal philosophy over the past half-century. This volume of his Collected Essays shows the full range and power of his contributions to the philosophy of law. The volume collects nearly thirty papers: on the foundations oflaw's authority; major theories and theorist...

John Finnis is Professor of Law and Legal Philosophy at the University of Oxford, and a Fellow of University College. He is the Biolchini Family Professor of Law at the University of Notre Dame.

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Format:PaperbackDimensions:528 pages, 9.21 × 6.14 × 0.07 inPublished:October 5, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199689970

ISBN - 13:9780199689972

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Table of Contents

Introduction Foundations of law's authority1. Describing Law Normatively2. Law's Authority and Social Theory's Predicament3. Law as Coordination4. "Authority" and Positivism5. Legal Positivism's IncoherenceLegal reasoning6. Allocating Risks and Suffering: Some Hidden Traps7. Practical Reasoning in Law: Some Clarifications8. Rights: Their Logic Restated9. Analogical Reasoning in Law10. Separating Powers: Some Judicial Power-play11. The Fairy Tale's MoralGrand theories and theorists of law12. A Short History of Legal Philosophy13. Aquinas on Law Updated14. Natural Law Theory: A Sketch15. Natural Law Legal Theory: The Classical Tradition16. The Truth in Legal Positivism17. Blackstone's Theoretical Intentions18. Weber on Legal-Rational Authority19. On Hart's Ways: Law as Reason and as Fact20. Hart as a Political Philosopher21. Reason and Authority in Law's Empire22. Critical Legal Studies23. Legal Liberalism or Liber et Legalis?24. Individuals, Communities and Postmodernism: Some NotesRevolutions, rights and law25. After Revolution: Courts and Theories26. Revolutions and Continuity of Law27. Governing Responsibilities under a Foreign Constitution?28. Dependencies, Governance and Common GoodsThe logic of law making29. Just Votes for Unjust Laws