Nuevo Número: Jurisprudencia

Por Jorge Luis Fabra Zamora (jorgefabraz@gmail.com)

Hart publishing nos comparte la reciente publicación del primer número del volumen 5 de Jurisprudence. Contienen, entre otros, unos interesantes artículos sobre el estado del arte de la filosofía del derecho (Hutchinson, Cotterrell, review de Waluchow y Sciaraffa) y  una discusión del libro de Rundle sobre Fuller. Hasta los reviews se ven interesantes!




AN INTERNATIONAL JOURNAL OF LEGAL AND POLITICAL THOUGHT

Volume 5 Issue 1 2014

Hart Publishing is pleased to let you know that the 1st issue of the 2014 volume of Jurisprudenceis now published.

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CONTENTS
Articles

The Jurisprudence Annual Lecture 2014—Law and the Normativity of Obligation
Thomas Pink
Abstract: The paper examines the natural law tradition in ethics and legal theory. This tradition is shown to address two questions. The first question is to do with the nature of law, and the kind of human capacity that is subject to legal direction. Is law directive of the voluntary—of what is subject to the will, or what can be done or refrained from on the basis of a decision so to do? Or is law directive of some other kind of capacity? The second question is about the nature of ethical normativity, and the relation within normativity of its directive and appraisive aspects. Is direction primary, and appraisal to be explained in terms of a theory of direction; or must a theory of ethical direction be based on a theory of ethical appraisal? Both issues are introduced by reference to Hume’s ethical theory, which raises them in a particularly sharp form. The natural law tradition, in the form it reached by the early modern period, is shown to combine giving a primacy to the appraisive in normative theory, with, in legal theory, a detachment of law from any exclusive tie to the direction of the voluntary. At the heart of the theory of natural law is the idea of law as a distinctive form of normativity directive of a capacity not for voluntariness, but for self-determination. Combined with a view of the state not just as a coordinative authority but as a coercive teacher, this led to a distinctive and highly controversial view of the scope of positive law. The paper ends with Hobbes’s sharp opposition to this view of positive law—an opposition that focused, in particular, on the coercive legal direction of belief.

Chewing Cud: Revisiting Hart and Jurisprudence
Allan C Hutchinson
Abstract: The recent publication of a lost essay by Herbert Hart is important for an historical appreciation of his work, but its likely celebration is a sad testament to the poverty and lethargy of contemporary legal thought.  I use this occasion to review the state and condition of contemporary legal theorising. After positioning Hart’s essay in the prevailing jurisprudential milieu, I highlight the thrust and the failings of the three main traditional approaches to contemporary legal theorising (ie, positivism, naturalism and formalism) in regard to the nature and operation of ‘judicial discretion’. Then, I suggest an alternative approach to legal theorising that recommends a more satisfying way of proceeding.

Why Jurisprudence Is Not Legal Philosophy
Roger Cotterrell
Abstract: The aim of this article is to describe and defend jurisprudence as an enterprise of theorising about law that is distinct from what is now understood as legal philosophy in the Anglophone world. Jurisprudence must draw on legal philosophy but also from many other resources. It should be an open quest for juristically (rather than philosophically) significant insights about law. Its purpose is to inform and guide the juristic task of making organised social regulation a valuable practice, rooted and effective in the specific contexts and historical conditions in which it exists but also aimed at serving demands for justice and security through regulation, as these perennial values are understood in their time and place, and as they might be further clarified and reconciled as legal ideals.

Hobbesian Sovereigns and the Question of Supra-State Authority
Sylvie Loriaux
Abstract: Thomas Hobbes has often been portrayed as supporting a ‘realist’ view of international relations—a view in which everything is permitted among states, in which the insecurity of the international sphere justifies states in unrestrainedly pursuing the national interest. Yet, as this paper aims to show, this interpretation is not without difficulties. It overshadows both the advantages that Hobbes believes can be gained from interstate cooperation and the fundamental role he attributes to a superior common authority in making cooperative ventures stable and lasting. More specifically, this paper brings into relief the important limitations that Hobbes’s natural law theory places on sovereigns’ freedom of action. It also argues that the most frequently advanced disanalogies between the Hobbesian interpersonal and interstate states of nature fail to explain why it would be irrational for Hobbesian sovereigns to submit to a supra-state authority; the main obstacle is instead to be found in Hobbes’s (questionable) absolutist conception of sovereignty.


Review Symposium
Five reviews of Kristen Rundle, Forms Liberate: Reclaiming the Jurisprudence of Lon Fuller, with a response from Kristen Rundle

Freedom, Responsible Agency and Law
NE Simmonds

Form and Value in Law
Noam Gur

Legal Form and Agency: Variations on Two Central Themes in Fuller’s Legal Theory
Stefano Bertea

Between Morality and Efficacy: Reclaiming the Natural Law Theory of Lon Fuller
Jonathan Crowe

The Law is the Law, Not Management
Andrés Rosler

Reply
Kristen Rundle


Reviews
Razian Responsibility: A Review of Joseph Raz, From Normativity to Responsibility
Manuel Vargas

Towards Post-Modern Trade Relations? A Review of Dennis Patterson and Ari Afilalo, The New Global Trading Order: The Evolving State and the Future of Trade
Sonia E Rolland

The Search for the Nature of Law: A Review of Wil Waluchow and Stefan Sciaraffa (eds),Philosophical Foundations of the Nature of Law
George Duke

From Public Law to State Punishment: A Review of Victor Tadros, The Ends of Harm: The Moral Foundations of Criminal Law
Emmanuel Melissaris

Judging Virtuously: Developing an Empathic Capacity for Perceptual Sensitivity: A Review of Amalia Amaya and Ho Hock Lai (eds), Law, Virtue and Justice
Maksymilian Del Mar

Philosophy, Theory and Criminal Law: A Review of François Tanguay-Renaud and James Stribopoulos (eds), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational and International Criminal Law
Jørn Jacobsen


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Emma Swinden


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You also might like to look at our PDF catalogue (link below) which lists our 2014 titles as well as our complete back list. If you would like to receive a hard copy of our catalogue then do let me know. http://www.hartpub.co.uk/HartCat2014.pdf
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