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Philosophy of Law (Foundations and Functions)

Philosophy of Law (Foundations and Functions)



Groups : law
Author: Thomas Moravetz
Translated by: Behrouz Jandaghi
Publisher : RIHU
Category : Law
Published At : May 2008
Status : Printed

Discussing the legal reasoning requires the consideration of moral reasoning. This book discusses that most controversies among the philosophers of law are due to the nature of ethics or the status of moral considerations in legal judgments. Because philosophers often do not analyze all the assumptions about morality, therefore, the discussion of the judiciary and legislature with regard to several theories of ethics is addressed in the second and third chapters.

In addition, the philosophers’ analyses of concepts are also noted. Furthermore, the background of discussions on the law concept is also traced. These issues seem to have often been discussed between two groups: the group claiming to provide a formal explanation of laws, and another group who believes that any formal analysis of this type is to fail.

In Chapter IV, the concepts will and responsibility are analyzed. These discussions go beyond the philosophy of law; however, they are of essence to understand the construction of legal institutions.

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