Inclusive Legal Positivism (Hardback)
  • Inclusive Legal Positivism (Hardback)
zoom

Inclusive Legal Positivism (Hardback)

(author)
£127.50
Hardback 300 Pages / Published: 14/04/1994
  • We can order this

Usually dispatched within 3 weeks

  • This item has been added to your basket
This book develops a general theory of law - inclusive legal positivism - which seeks to remain within the tradition represented by authors such as Austin, Hart, MacCormick, and Raz, while sharing some of the virtues of both classical and modern theories of natural law, as represented by authors such as Aquinas, Fuller, Finnis, and Dworkin. W. J. Walchow articulates and defends his own version of legal positivism, which is a refinement and development of the views of H. L. A. Hart. The author shows how inclusive legal positivism demonstrates that the existence or content of positive law does depend on moral considerations; and that this is consistent with legal positivism. In addition, Waluchow helps to remove the confusion which has marred current jurisprudential debates about the nature of law. He argues that these debates are often clouded by failures to appreciate that different theorists are offering different kinds of theories and attempting to answer different questions. He also accuses theorists, principally Ronald Dworkin, of failing to characterize opposing theories correctly.

Publisher: Oxford University Press
ISBN: 9780198258124
Number of pages: 300
Weight: 510 g
Dimensions: 223 x 144 x 23 mm


MEDIA REVIEWS
much of Waluchow's book ably defends inclusive positivism ... Anyone wishing to see a well-argued defense of a legal theory that attempts to take legal phenomena at face value would do well to read Waluchow's book. * William H Wilcox, The Philosophical Review Vol 106 no1 (January 1997) *
`The book is dense with argumentation ... Its richness may be a result of the fact that many of the chapters resulted from academic articles which hold their own as independent scholarly contributions but, the care with which many of the arguments have been crafted and systemized in the present work cannot be taken for granted ... Professor Waluchow has produced an insightful work which, I hope, would find space in our over-populated jurisprudence courses.' Legal Studies
There are many insights and a very useful re-run of arguments about the nature of law, so unfashionable at present ... Waluchow's book is rich with ideas and examples and the general tenor is one of rigour ... it is an intelligent, rich and constructive contribution to the long-running debate about the place of moral judgement in law. * Cambridge Law Journal *
'Waluchow writes clearly and succinctly throughout...this is a very impressive book, lucidly written with assiduous regard to the complexities of opponents' arguments. As well as pointing out the fallacies in much modern legal theory, Waluchow offers many fresh insights into theories with which we thought we were familiar. This book is a significant addition to the ongoing debate between positivists and natural lawyers.' * Mind *

You may also be interested in...

Contract Law
Added to basket
£30.99
Paperback
The Finance Curse
Added to basket
Public Law
Added to basket
£38.99
Paperback
East West Street
Added to basket
£9.99
Paperback
Legal Skills
Added to basket
£29.99
Paperback
Constitutional and Administrative Law
Added to basket
A Dictionary of Law
Added to basket
£12.99
Paperback
European Union Law
Added to basket
How to Change Your Mind
Added to basket
£20.00   £16.99
Hardback
The Secret Barrister
Added to basket
£16.99   £13.99
Hardback
Eve Was Shamed
Added to basket
£20.00   £16.99
Hardback
Death at Sea
Added to basket
£16.99   £14.99
Hardback

Reviews

Please sign in to write a review

Your review has been submitted successfully.