Libros publicados por Sebastián Urbina

Legal Method and the Rule of Law Series: Law and Philosophy Library , Vol. 59 Urbina, Sebastián 2002, 249 p., Hardcover ISBN: 978-90-411-1870-7 Ships within 2-5 days $124.00 About this book | Table of contents About this book We cannot see the world as it is because we face it in a 'contaminated' vein. That is, our conceptual scheme and biological constitution condition our world view. The legal normative world we are dealing with has some special features, like the primacy of practical reason over theoretical reason and the primacy of the internal point of view over the external point of view. Although it is not a feature of all legal traditions, 'legal dogmatics' is a privileged way of knowing legal normative object, that is, our legal orders. But we are not undertaking - as legal scholars - an empiricist enterprise because, among other reasons, we are not interested in the reality 'in itself' but in the 'relevant' reality, at least for us. In this respect, we do not only depend on theories (like physicists) but also on legal authoritative sources, that is, power and legitimacy. Legal scholars (and other participants in the legal life) are not neutral observers of their own world, trying to discover some hidden truth. They are committed experts trying to describe, justify and improve the legal order. Written for: Reason, Democracy, Society A Treatise on the Basis of Legal Thinking Series: Law and Philosophy Library , Vol. 25 Urbina, Sebastián 1996, 256 p., Hardcover ISBN: 978-0-7923-4262-5 Order now, and we will ship when available. (Your credit card will not be charged until we ship). $179.00 About this book | Table of contents About this book Reason, Democracy, Society deals with basic points of legal theory and philosophy of law. The main contention of the book relates to the insufficiencies of the legal positivistic approach. Some of its claims are that we must sharply separate what the law is from, what the law ought to be, and that we can know what the law is without appealing to meta-legal considerations. These and other claims are criticized. The author shows that with the legal positivistic approach we cannot know, in all cases, what the law is, if that is equated to the rules posited by the legislator. He also challenges H.L.A. Hart's and MacCormick's points of view, amongst others, about the characteristic corner stones of legal positivism. Some other issues relate to human rights, legal rationality and efficiency and ethics. This book will be of interest to philosophers concerned with law or ethics, those concerned with justice in modern society and to jurists and law students. Print version Recommend to others All books by this author Urbina, Sebastián Related subjects Ethics Law Philosophy of Law

Print version Recommend to others All books by this author Urbina, Sebastián Related subjects Law Philosophy Philosophy of Law Political Science Social Sciences