e-book The Philosophy of Positive Law: Foundations of Jurisprudence

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Murphy displays a vast knowledge of analytical jurisprudence, of the history, sociology, and anthropology of law, as well as of linguistics study of language is the fundamental analytical tool employed by Murphy. The Philosophy of Positive Law is a searching examination of the concept of positive law - apparently the first such book length study - in the works of four seminal legal philosophers, Plato, St.

Thomas Aquinas, Thomas Hobbes, and John Austin along with "eminent" and contemporary scholars thereof , allowing Murphy to draw magisterial conclusions about the jurisprudence of positive law. Foundations of Jurisprudence, by J. Law and Philosophy Commons.

What Is Positive Law Jurisprudence?

Emile Durkheim on Institutional Analysis. A World without Why. Politeia in Greek and Roman Philosophy.

The philosophy of positive law : foundations of jurisprudence

Ancient Models of Mind. Love among the Ruins. Thomas Aquinas on War and Peace. The Invention of Autonomy. A Brief History of Justice. Thomas Aquinas on the Passions.

The philosophy of positive law : foundations of jurisprudence (Book, ) [ejisytoqys.tk]

The Oxford Handbook of the History of Ethics. Greek Rhetoric in Action. Early Political Writings Groundwork for the Metaphysics of Morals. The Oxford Handbook of Plato. The Foundations of Natural Morality. The Architecture of Law. Essays in Legal and Moral Philosophy. The Cambridge Companion to Ancient Rhetoric. The Reception of Aristotle's Ethics. Thomas Hobbes and the Natural Law. In the Orbit of Love. Kant and the Cultivation of Virtue.

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Human Works, Absent Words. Classical Christianity and the Political Order. This is a project on which, for all of their other differences, Thomas Aquinas, Thomas Hobbes, and John Austin were engaged.


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Indeed, not only is this project to be distinguished from the theory of legal positivism, it is only once this project was set to the side that legal positivism really took off as a successful theory. That legal positivism took off when the project of the philosophy of positive law was abandoned suggests that there was something about that project that was dooming jurisprudence to frustration. This is, I take it, Murphy's view.

The project of distinguishing the law that our courts are concerned to enforce from other sorts of law-most preeminently in Aquinas, Hobbes, and Austin, natural law-failed repeatedly within these theories. Murphy's argument begins with a discussion of philosophy of language centered on Plato's Cratylus. His view is that the themes of the opposition of nature and convention, custom and stipulation that appear in that dialogue and are from there taken up into the philosophical tradition influence the course of the jurisprudential debate.

As far as I can tell, this suggestion is not made good in the rest of the book: Murphy's argument is, I think, largely independent of any of these reflections on language, and nothing of the main argument is lost by turning directly to the first of three rich historical investigations, that on Aquinas's view. In this chapter, Murphy presents a well-worked-out account of Aquinas's theory of positive law, emphasizing that positive law is for Aquinas not simply a matter of human law but divine law as well.