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The Hart-Fuller Debate in the Twenty-First Century de Professor Peter Cane

The Hart-Fuller Debate in the Twenty-First Century

Editat de Professor Peter Cane
en Limba Engleză Hardback – 15 feb 2010
This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between HLA Hart and Lon L Fuller. These essays do not to re-run that debate and they are not confined to discussion of the jurisprudential issues canvassed by Hart and Fuller. Rather they pick up on strands in the debate and re-think them in the light of social, political and intellectual developments in the past 50 years and changed ways of understanding law and other normative systems. This collection looks forward rather than backward using the debate as a point of departure and inspiration.
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Specificații

ISBN-13: 9781841138947
ISBN-10: 1841138940
Pagini: 360
Dimensiuni: 156 x 234 x 28 mm
Greutate: 0.61 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Notă biografică

Peter Cane is Professor of Law at Christ's College, Cambridge.

Cuprins

1. Out of the 'Witches' Cauldron'? Reinterpreting the Context and Reassessing the Significance of the Hart-Fuller DebateNicola Lacey2. Human Rights and the Rule of Law After Conflict Hilary Charlesworth3. The Hart-Fuller Debate's Silence on Human Rights Karen Knop4. International Criminal Law and the Inner Morality of Law Larry May5. On Visibility and Secrecy in International Criminal Law Christopher Kutz6. The Hart-Fuller Debate, Transitional Societies and the Rule of Law Martin Krygier7. Legal Pluralism and the Contrast Between Hart's Jurisprudence and Fuller's Jeremy Waldron8. The Politics of Defining Law Margaret Davies9. Law as a Means Leslie Green10. Comment on 'Law as a Means' Anthony J Sebok11. Two Turns of the Screw Desmond Manderson12. The Common Discourse of Hart and Fuller Ngaire Naffine13. How Norms Become Normative Philip Pettit14. Resentment, Excuse and Norms Richard H McAdams15. Positivism and the Separation of Realists from their Scepticism: Normative Guidance, the Rule of Law and Legal ReasoningGerald J Postema16. Legal Reasoning, the Rule of Law and Legal Theory Brian H Bix

Recenzii

... the ideal entrance point into the famous debate between H.L.A. Hart and L. Fuller.The aim of Cane's edited collection is twofold: the chapters grapple with the debate on its own terms, while extracting lessons for the modern world. The book is remarkably successful at both tasksThis book promises to be a source of questions for the curious minds of all philosophical persuasions.

Descriere

This book re-thinks debates held at a colloquium in 2008 in the light of social, political and intellectual developments in the past 50 years.