Analytical Legal Naturalism

Analytical Legal Naturalism
Author :
Publisher : Rowman & Littlefield
Total Pages : 207
Release :
ISBN-10 : 9781498598804
ISBN-13 : 1498598803
Rating : 4/5 (04 Downloads)

Book Synopsis Analytical Legal Naturalism by : Samuel Zinaich, Jr.

Download or read book Analytical Legal Naturalism written by Samuel Zinaich, Jr. and published by Rowman & Littlefield. This book was released on 2020-07-15 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: In legal jurisprudence, the phenomenon of “hard cases” presents itself as a dilemma between the legal positivists and the natural law realists. Of the former, without the metaphysical underpinnings of an objective legal or moral standard, the legal positivists cannot supply convincing arguments to supplant the sovereign as the origin and authority of law. The natural law realists face the problem of justifying the natural law. Against both views, S. Zinaich Jr. defends a middle position, Analytical Legal Naturalism (ALN). It represents an analytic norm, both necessarily true and known a posteriori. Against the legal positivists, it supplies an objective legal standard by removing--at least for hard cases--the necessity of the will of a sovereign authority. Against the natural law realists, ALN provides a nonmoral standard which, because of its analyticity and necessity, avoids the need for metaethical speculation. Finally, ALN provides a standard that not only supplies the universalizable punch to avoid political subjectivism, but does so in a conventional manner. Thus, ALN does not require a moral or modal reality as truth-making characteristics. Rather, it makes what is legally valuable or disvaluable dependent upon empirically verifiable facts that are legally relevant.


Analytical Legal Naturalism Related Books

Analytical Legal Naturalism
Language: en
Pages: 207
Authors: Samuel Zinaich, Jr.
Categories: Philosophy
Type: BOOK - Published: 2020-07-15 - Publisher: Rowman & Littlefield

DOWNLOAD EBOOK

In legal jurisprudence, the phenomenon of “hard cases” presents itself as a dilemma between the legal positivists and the natural law realists. Of the forme
Knowing the Natural Law
Language: en
Pages: 249
Authors: Steven J. Jensen
Categories: Philosophy
Type: BOOK - Published: 2015-03-26 - Publisher: CUA Press

DOWNLOAD EBOOK

Knowing the Natural Law traces the thought of Aquinas from an understanding of human nature to a knowledge of the human good, from there to an account of ought-
Analytical Legal Naturalism
Language: en
Pages: 206
Authors: S. Zinaich, Jr.
Categories:
Type: BOOK - Published: 2021-09-15 - Publisher: Lexington Books

DOWNLOAD EBOOK

This book argues that analytical legal naturalism, which avoids the arbitrary principles associated with legal positivism and the odd properties associated with
Legal Naturalism
Language: en
Pages: 228
Authors: Olufemi Taiwo
Categories: Law
Type: BOOK - Published: 2015-11-12 - Publisher: Cornell University Press

DOWNLOAD EBOOK

Legal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence. It explicates both Marx's writings and t
Naturalizing Jurisprudence
Language: en
Pages: 0
Authors: Brian Leiter
Categories: Law
Type: BOOK - Published: 2007 - Publisher: Oxford University Press, USA

DOWNLOAD EBOOK

Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential propo