Dos nuevos libros de Hart Publishing (20% de descuento): Democracy and Ontology - The Idea of a Pure Theory of Law
Por Jorge Luis Fabra Zamora (jorgefabraz@gmail.com)
Hart Publishing nos comparte la reciente publicación de dos interesantes libros sobre la teoría del derecho: El primero sobre de Rosenthal Democracia y Ontology, y el segundo, de Kletzer, sobre The idea of a Pure Theory of Law. Como siempre, 20% con el Codigo CV7 al momento de pagar.
Democracy and Ontology
The Idea of a Pure Theory of Law
Hart Publishing nos comparte la reciente publicación de dos interesantes libros sobre la teoría del derecho: El primero sobre de Rosenthal Democracia y Ontology, y el segundo, de Kletzer, sobre The idea of a Pure Theory of Law. Como siempre, 20% con el Codigo CV7 al momento de pagar.
NEW LEGAL THEORY TITLES FROM HART PUBLISHING
Agonism between Political Liberalism, Foucault and Psychoanalysis
Irena Rosenthal
This
book investigates the relationship between liberal democracies and
ontology, that is, philosophical claims about the constitution of agents
and the social world.
Many philosophers argue that ontology needs to be avoided in political
and legal philosophy. In fact, political liberalism, a highly
influential paradigm founded by the philosopher John Rawls, makes the
avoidance of ontology a core ambition of its ‘political,
non-metaphysical’ programme. In contrast to political liberalism, this
book argues that attending to ontological disputes is essential to
political and legal philosophy. Illuminating, criticising and developing
ontological arguments does not only enhance our
understanding of justice, but also highlights key features of
democratic citizenship. The argument is built up by bringing together
three traditions of thought that have so far not been confronted with
one another: political liberalism, the work of Michel
Foucault, and the psychoanalytic theories of Sigmund Freud and Donald
Winnicott. The book also investigates more concrete implications of
ontological disputes by drawing on several case studies: a Dutch
political-legal debate about greeting rituals; an American
conflict about the legalisation of religious freedom; and the struggles
for resilience of two American social movement groups.
Irena Rosenthal is Assistant Professor at PPLE College at the University
of Amsterdam.
January 2018 | 9781509912216 | 228pp | Hardback | RSP:
£65
Discount Price: £52
An Interpretation and Defence
Christoph Kletzer
Most
contemporary legal philosophers tend to take force to be an accessory
to the law. According to this prevalent view the law primarily consists
of a series of demands
made on us; force, conversely, comes into play only when these demands
fail to be satisfied. This book claims that this model should be
jettisoned in favour of a radically different one: according to the
proposed view, force is not an accessory to the law
but rather its attribute. The law is not simply a set of rules
incidentally guaranteed by force, but it should be understood as
essentially rules about force.
The
book explores in detail the nature of this claim and develops its
corollaries. It then provides an overview of the contemporary
jurisprudential debates relating
to force and violence, and defends its claims against well-known
counter-arguments by Hart, Raz and others.
This
book offers an innovative insight into the concept of Pure Theory. In
contrast to what was claimed by Hans Kelsen, the most eminent
contributor to this theory,
the author argues that the core insight of the Pure Theory is not to be
found in the concept of a basic norm, or in the supposed absence of a
conceptual relation between law and morality, but rather in the
fundamental and comprehensive reformulation of how
to model the functioning of the law intended as an ordering of force
and violence.
Christoph Kletzer is Senior Lecturer in Legal Philosophy at King's College
London.
January 2018 | 9781509913435 | 156pp | Hardback | RSP:
£50
Discount Price: £40