Legal Right and Social Democracy: Essays in Legal and Political Philosophy

This work is a controversial collection of interrelated papers investigating and arguing about issues of concern to lawyers and politicians today. MacCormick combines a scholarly concern with leading thinkers such as John Locke, Lord Stair, Adam Smith and David Hume, John Rawls, Ronald Dworkin, and Patrick Atiyah, and stringently argued view of questions of political obligation, civil liberty, and legal rights.

Science & Math

MacCormick, Neil

Biological Sciences

Oxford University Press

This work is a controversial collection of interrelated papers investigating and arguing about issues of concern to lawyers and politicians today. MacCormick combines a scholarly concern with leading thinkers such as John Locke, Lord Stair, Adam Smith and David Hume, John Rawls, Ronald Dworkin, and Patrick Atiyah, and stringently argued view of questions of political obligation, civil liberty, and legal rights.

History

Asia

What is meant by the term "rational legal argument"? To what extent can legal theory permit legal reasoning to be rational? Is the demand for rationality in legal affairs justified? What are the criteria for rationality? In addressing these questions, Alexy first develops a general theory of practical discourse based on insights from Anglo-Saxon and German moral and legal philosophy. He then sets out a new theory of rational legal discourse, which will stand as a major contribution to the study of legal reasoning.

A Theory of Legal Argumentation: The Theory of Rational Discourse as Theory of Legal Justification

Alexy, Robert

Adler, Ruth

Criminal Law

Institutions of Law: An Essay in Legal Theory (Law, State, and Practical Reason)

Institutions of Law marks the long awaited definitive statement of Sir Neil MacCormick's distinctive theory of law as 'institutional normative order'. It takes account of recent developments in the sociology of law to provide a rigorous analysis of the role of law in our society and shows how law creates the conditions for social peace and a thriving economy. In doing so, Institutions of Law fills the need for a twenty-first century introduction to legal theory, such as was achieved in the last century by H.L.A. Hart's The Concept of Law.

Institutions of Law (Law, State, and Practical Reason)

Legal Education

This is a book about the transformation of sovereignty in the United Kingdom and the European Union, about the transition from 'sovereign states' to 'post-sovereign states', about devolution and nationalism and the future of the British union.

Questioning Sovereignty: Law State and Nation in the European Commonwealth (Law, State, and Practical Reason)

Foreign & International Law

The concept of practical reason is central to contemporary thought on ethics and the philosophy of law - acting well means acting for good reasons. Explaining this requires several stages. How do reasons relate to actions at all, as incentives and in explanations? What are values, how do they relate to human nature, and how do they enter practical reasoning? How do the concepts of 'right and wrong' fit in, and in what way do they involve questions of mutual trust among human beings? How does our moral freedom - our freedom to form our own moral commitments - relate to our responsibilities to each other? How is this final question transposed into law and legal commitments? This book explores these questions, vital to understanding the nature of law and morality. It presents a clear account of practical reason, valuable to students of moral philosophy and jurisprudence at undergraduate or postgraduate levels. For more advanced scholars it also offers a reinterpretation of Kant's views on moral autonomy and Smith's on self-command, marrying Smith's 'moral sentiments' to Kant's 'categorical imperative' in a novel way. The book concludes and underpins the author's Law, State and Practical Reason series.Taken together the books offer an overarching theory of the nature of law and legal reason, the role of the State, and the nature of moral reason and judgement.

Practical Reason in Law and Morality (Law, State, and Practical Reason)

Politics & Social Sciences

Philosophy

This study focuses on current jurisprudential debate between the "positivist" views of Herbert Hart and the "rights thesis" of Ronald Dworkin. MacCormick provides a critical analysis of the Dworkin position while also modifying Hart's. It stands firmly on its own as a contribution to an extensive literature.

Legal Reasoning and Legal Theory (Clarendon Law Series)

Legal Theory & Systems

Since its first appearance in 1979, this work has established itself as a classic of legal philosophy. This study focuses on current jurisprudential debate between the "positivist" views of Herbert Hart and the "rights thesis" of Ronald Dworkin. MacCormick provides a critical analysis of the Dworkin position while also modifying Hart's. It stands firmly on its own as a contribution to an extensive literature. Now available in paperback, and with a new foreword by the author, this popular book will continue to be of use to students and teachers of law, legal theory, and philosophy.

Clarendon Press

This is a book about the transformation of sovereignty in the United Kingdom and the European Union, about the transition from 'sovereign states' to 'post-sovereign states' about devolution and nationalism and the future of the British union.

Questioning Sovereignty: Law, State, and Nation in the European Commonwealth (Law, State, and Practical Reason)

Constitutional Law

Institutions of Law offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick's well-known 'institutional theory of law', defining law as 'institutional normative order' and explaining each of these three terms in depth. It attempts to fulfill the need for a twenty-first century introduction to legal theory marking a fresh start such as was achieved in the last century by H. L. A. Hart's The Concept of Law. Institutions of Law is written with a view to elucidating law, legal concepts and legal institutions in a manner that takes account of current scholarly controversies but does not get bogged down in them. It shows how law relates to the state and civil society, establishing the conditions of social peace and a functioning economy. In so doing, it takes account of recent developments in the sociology of law, particularly 'system theory'. It also seeks to clarify the nature of claims to 'knowledge of law' and thus indicate the possibility of legal studies having a genuinely 'scientific' character. It shows that there is an essential value-orientation of all work of this kind, so that valid analytical jurisprudence not merely need not, but cannot, be 'positivist' as that term has come to be understood. Nevertheless it is explained why law and morality are genuinely distinct by virtue of the positive character of law contrasted with the autonomy that is foundational for morality.

See the best price to sell, buy, or rent books by MacCormick, Neil. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by MacCormick, Neil

See the best price to sell, buy, or rent books by MacCormick, Neil. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Legal Right and Social Democracy: Essays in Legal and Political Philosophy

Legal Right and Social Democracy: Essays in Legal and Political Philosophy

A Theory of Legal Argumentation: The Theory of Rational Discourse as Theory of Legal Justification

Institutions of Law (Law, State, and Practical Reason)

Questioning Sovereignty: Law State and Nation in the European Commonwealth (Law, State, and Practical Reason)

Practical Reason in Law and Morality (Law, State, and Practical Reason)

Legal Reasoning and Legal Theory (Clarendon Law Series)

Legal Reasoning and Legal Theory (Clarendon Law Series)

Questioning Sovereignty: Law, State, and Nation in the European Commonwealth (Law, State, and Practical Reason)

Institutions of Law: An Essay in Legal Theory (Law, State, and Practical Reason)