This guide was created for the students in the seminar "Lawyers and the Holocaust" taught by Professor Steven L. Chanenson at the Villanova University Charles Widger School of Law.
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Call Number: K331 .C36 1996 (Reserves for course use)
ISBN: 1855211718
Publication Date: 1996-03-28
The Legal Theory of Ethical Positivism re-establishes some of the dogmas of classical legal positivism regarding the separation of legizlation and adjudication and the feasibility of institutionalizing the morally neutral application of rules as an ideal capable of significant realization. This is supplemented by an analysis of the formal similarities of the morally and legally adjudicative points of view which offers the prospects of attributing a degree of moral authority to positivistic rule application in particular cases. These theories are worked through in their application to specific problem areas, particularly freedom of communication.
Call Number: K331 .S43 1998 (Reserves for course use)
ISBN: 0521480418
Publication Date: 1998-10-28
This book represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought. Anthony Sebok traces the roots of positivism through the first half of the twentieth century, and rejects the view that one must adopt some version of natural law theory in order to recognize moral principles in the law. On the contrary, once one corrects for the mistakes of formalism and postwar legal process, one is left with a theory of legal positivism that takes moral principles seriously while avoiding the pitfalls of natural law. The broad scope of this book ensures that it will be read by philosophers of law, historians of law, historians of American intellectual life, and those in political science concerned with public law and administration.
Legality and Legitimacy
by
David Dyzenhaus
This book investigates one of the oldest questions of legal philosophy---the relationship between law and legitimacy. It analyses the legal theories of three eminent public lawyers of the Weimar era, Carl Schmitt, Hans Kelsen, and Hermann Heller. Their theories addressed the problems of legaland political order in a crisis-ridden modern society and so they remain highly relevant to contemporary debates about legal order in the age of pluralism.Schmitt, the philosopher of German fascism, has recently received much attention. Kelsen is well-known as one of the main exponents of the philosophy of legal positivism. Heller is virtually unknown outside Germany.Dyzenhaus exposes the dangers of Schmitt's legal philosophy by situating it in the legal context of constitutional crisis to which he responded. He also points out the severs inadequacies of Kelsen's legal positivism. In a wide-ranging account of the predicaments of contemporary legal and politicalphilosophy, Heller's position is argued to be the most promising of the three.
Call Number: Part of Oxford Academic collection, search for author: Dyzenhaus
Villanova's Falvey Library subject specialists have created these guides to their vast collection of databases. Recommended for this seminar: HISTORY and POLITICAL SCIENCE.
Offers full text ebooks published by Oxford University Press. Allows searching by full text, title, author, subjects, publication dates, and more. The growing collection includes more than 16,000 OUP titles in 20 subject areas published between 1963 and the present. provided by Villanova's Falvey Library.
Extensive digital library collection including PDF full text of journal articles, federal statutes, CFR regulations, and legislative and international materials. Hein also has research guides describing each of the collections and offering search tips and other information for users.
Hein Research Guide Link: https://libguides.heinonline.org/?b=g&d=a
Use Westlaw to find law review articles by searching directly for articles OR by checking Citing References for a case or statute to find articles on that law.