The Invisible Origins of Legal Positivism

A Re-Reading of a Tradition

Nonfiction, Religion & Spirituality, Philosophy, Reference, Ethics & Moral Philosophy, Reference & Language, Law
Cover of the book The Invisible Origins of Legal Positivism by W.E. Conklin, Springer Netherlands
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: W.E. Conklin ISBN: 9789401008082
Publisher: Springer Netherlands Publication: December 6, 2012
Imprint: Springer Language: English
Author: W.E. Conklin
ISBN: 9789401008082
Publisher: Springer Netherlands
Publication: December 6, 2012
Imprint: Springer
Language: English

Conklin'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.
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.
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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Conklin'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.
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.
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.

More books from Springer Netherlands

Cover of the book Unifying the Philosophy of Truth by W.E. Conklin
Cover of the book Medicine Science and Dreams by W.E. Conklin
Cover of the book Enterprise Information Systems II by W.E. Conklin
Cover of the book Education and Civilization by W.E. Conklin
Cover of the book Acoustical Imaging by W.E. Conklin
Cover of the book Handbook of Descriptive Linguistic Fieldwork by W.E. Conklin
Cover of the book Dynamic Formal Epistemology by W.E. Conklin
Cover of the book Landscape Perspectives by W.E. Conklin
Cover of the book Glomerulonephritis by W.E. Conklin
Cover of the book Gas Phase Nanoparticle Synthesis by W.E. Conklin
Cover of the book Time: A Philosophical Analysis by W.E. Conklin
Cover of the book Weed Science - A Plea for Thought - Revisited by W.E. Conklin
Cover of the book Autonomy, Authority and Moral Responsibility by W.E. Conklin
Cover of the book Basics of Geomatics by W.E. Conklin
Cover of the book Environmental Indicators by W.E. Conklin
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy