Legality
Shapiro draws on recent work in the philosophy of action to develop an original and compelling answer to this age-old question. Breaking with a long tradition in jurisprudence, he argues that the law cannot be understood simply in terms of rules. Legal systems are best understood as highly complex anti sophisticated tools for creating and applying plans. Shifting the focus of jurisprudence in this way-from rules to plans-not only resolves many of the most vexing puzzles about the nature of law …
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- Full title :Legality / Scott J. Shapiro.
Summary
Shapiro draws on recent work in the philosophy of action to develop an original and compelling answer to this age-old question. Breaking with a long tradition in jurisprudence, he argues that the law cannot be understood simply in terms of rules. Legal systems are best understood as highly complex anti sophisticated tools for creating and applying plans. Shifting the focus of jurisprudence in this way-from rules to plans-not only resolves many of the most vexing puzzles about the nature of law but has profound implications for legal practice as well. --Book Jacket.
Read More ↓Edition Statements
- Publication Date:©2010.
Publication Statements
- Publisher(s):Harvard University Press
- Place of Publication:Cambridge, Mass
- Language:eng
- Publication Date:©2010.
The Physical Object
- Description:472 pages : : illustrations ; : 24 cm
Edition Identifiers
- ISBN:9780674055667, 0674055667
- oclc:ocn728841168
- LC Classification:K230.S525
- Dewey Decimal:340/.1
Table of Contents
What is law (and why should we care)? -- Crazy little thing called "law" -- Austin's sanction theory -- Hart and the rule of recognition -- How to do things with plans -- The making of a legal system -- What law is -- Legal reasoning and judicial decision making -- Hard cases -- Theoretical disagreements -- Dworkin and distrust -- The economy of trust -- The interpretation of plans -- The value of legality.
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