{"product_id":"9780792371014","title":"Law and Philosophy Library: A Re-Reading of a Tradition","description":"\u003ch1\u003eLaw and Philosophy Library: A Re-Reading of a Tradition\u003c\/h1\u003e \u003ch2\u003eConklin, W.E.\u003c\/h2\u003e \u003cp\u003eConklin's thesis is that the tradition of modern legal  positivism, beginning with Thomas Hobbes, postulated different senses  of the invisible as the authorising origin of humanly posited laws.  Conklin re-reads the tradition by privileging how the canons share a  particular understanding of legal language as written. Leading  philosophers who have espoused the tenets of the tradition have  assumed that legal language is written and that the authorising origin  of humanly posited rules\/norms is inaccessible to the written legal  language. Conklin's re-reading of the tradition teases out how each of  these leading philosophers has postulated that the authorising origin  of humanly posited laws is an unanalysable externality to the written  language of the legal structure. As such, the authorising origin of  posited rules\/norms is inaccessible or invisible to their written  language. \u003cbr\u003e  What is this authorising origin? Different forms include an originary  author, an a priori concept, and an immediacy of bonding between  person and laws. In each case the origin is unwritten in the sense of  being inaccessible to the authoritative texts written by the officials  of civil institutions of the sovereign state. \u003cbr\u003e  Conklin sets his thesis in the context of the legal theory of the  polis and the pre-polis of Greek tribes. The author claims that the  problem is that the tradition of legal positivism of a modern  sovereign state excises the experiential, or bodily, meanings from the  written language of the posited rules\/norms, thereby forgetting the  very pre-legal authorising origin of the posited norms that each  philosopher admits as offering the finality that legal reasoning  demands if it is to be authoritative.\u003c\/p\u003e \u003ch3\u003eDetails\u003c\/h3\u003e \u003cp\u003ePublished by: Springer\u003c\/p\u003e \u003cp\u003ePublication Date: 2001-08-31\u003c\/p\u003e \u003cp\u003eFormat: Hardcover\u003c\/p\u003e \u003cp\u003eISBN-13: 9780792371014\u003c\/p\u003e \u003cp\u003eDOI: 10.1007\/978-94-010-0808-2\u003c\/p\u003e \u003cp\u003eDimensions: 235cm x155cm\u003c\/p\u003e \u003cp\u003ePages: 350\u003c\/p\u003e ","brand":"Springer Netherlands","offers":[{"title":"Default Title","offer_id":46608026566796,"sku":"9780792371014","price":98.99,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0710\/9545\/1788\/files\/9780792371014.jpg?v=1773278147","url":"https:\/\/lateknightbooks.com\/products\/9780792371014","provider":"Late Knight Books and Services, LLC","version":"1.0","type":"link"}