John Gardner is Professor of Jurisprudence at the University of Oxford. He has also taught at Columbia, Princeton, Yale, the Australian National University, and the Universities of London, Texas, and Auckland. Called to the English Bar in 1988, he has been a Bencher of the Inner Temple since 2002.
发表于2025-02-02
Law as a Leap of Faith 2025 pdf epub mobi 电子书
图书标签: 法理 法哲学 法理学 Philosophy Gardner 法学 传统实证主义 PoliticalScience
How do laws resemble rules of games, moral rules, personal rules, rules found in religious teachings, school rules, and so on? Are laws rules at all? Are they all made by human beings? And if so how should we go about interpreting them? How are they organized into systems, and what does it mean for these systems to have 'constitutions'? Should everyone want to live under a system of law? Is there a special kind of 'legal justice'? Does it consist simply in applying the law of the system? And how does it relate to the ideal of 'the rule of law'? These and other classic questions in the philosophy of law form the subject-matter of Law as a Leap of Faith. In this book John Gardner collects, revisits, and supplements fifteen years of celebrated writings on general questions about law and legal systems - writings in which he attempts, without loss of philosophical finesse or insight, to cut through some of the technicalities with which the subject has become encrusted in the late twentieth century. Taking his agenda broadly from H.L.A. Hart's The Concept of Law (1961), Gardner shows how the key ideas in that work live on, and how they have been and can still be improved in modest ways to meet important criticisms - in some cases by concession, in some cases by circumvention, and in some cases by restatement. In the process Gardner engages with key ideas of other modern giants of the subject including Kelsen, Holmes, Raz, and Dworkin. Most importantly he presents the main elements of his own unique and refreshingly direct way of thinking about law, brought together in one place for the first time.
法律是信仰之跃一文过于随性,实证主义的五又二分之一个迷思从根本上掏空了实证主义的所有内涵,使之成为一种方法与而非学派。近似自然法一文谈及实证主义在守法义务上同道德的必然连接。辩护富勒理论作为一种模态学说的可能性。
评分法律是信仰之跃一文过于随性,实证主义的五又二分之一个迷思从根本上掏空了实证主义的所有内涵,使之成为一种方法与而非学派。近似自然法一文谈及实证主义在守法义务上同道德的必然连接。辩护富勒理论作为一种模态学说的可能性。
评分对凯尔森的神学性诠释以及对实证主义的分析哲学解析,不过仍旧是玩语言和概念游戏,甚至部分地方还不如其论辩对象。
评分对凯尔森的神学性诠释以及对实证主义的分析哲学解析,不过仍旧是玩语言和概念游戏,甚至部分地方还不如其论辩对象。
评分国图复印了几章,数据库下了几章。重读了nearly natural law,出色的论文
Law as a Leap of Faith 2025 pdf epub mobi 电子书