Zinaich (93 results)

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Condition: New.

Paperback. Condition: new. Paperback. This book brings together 64 of the most important, influential, and interesting cases in American law. These cases have been selected due to not only their legal and cultural significance but also their anticipated philosophical import. A wide range of themes and topics are represented, from free speech to race relations to criminal punishment. Each case has been carefully excerpted so as to focus attention on the features that illustrate the central principles and forms of judicial reasoning. Important contextualizing information is also provided to clarify each cases historical setting as well as any relevant philosophical arguments and questions. American Cases in the Philosophy of Law provides a carefully crafted set of excerpts from 64 of the most influential cases in American law, offering a concise and focused introduction to the philosophical questions underlying the legal system. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.…

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Paperback. Condition: New. 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.…

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Paperback. Condition: Good. Contrary to the long-cherished opinion of John Locke's infatuation with natural law, there is abundant proof that the amount of intellectual energy Locke devoted to his philosophical views was nowhere as narrow as the attempt to justify a natural law outlook. John Locke's Moral Revolution critiques two traditional approaches to John Locke's philosophy. The first approach interprets John Locke as committed to justifying his early his early Christian / Aristotelian views of the law of nature. The second approach sees Locke attempting to manage a cluster of inconsistent moral views. In this new work, author Samuel Zinaich, Jr. argues that Locke attempts to establish a solid underpinning for rel.…

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Paperback. Condition: Brand New. reprint edition. 197 pages. 9.00x6.00x0.75 inches. In Stock.

Soft cover. Condition: New. American Cases in the Philosophy of Law brings together 64 of the most important, influential, and philosophically significant cases in American legal history. Selected for both their cultural impact and their deep theoretical relevance, these cases cover a wide range of themes including free speech, race relations, constitutional interpretation, criminal punishment, and judicial reasoning. Each case is carefully excerpted to highlight the core legal principles and the forms of reasoning used by courts, making complex judicial decisions accessible to students and general readers. The book also provides essential contextual information—historical background, philosophical questions, and interpretive frameworks—to help readers understand how these landmark decisions shape American law and public life. Praised by scholars for its clarity and pedagogical value, this anthology is ideal for courses in philosophy of law, jurisprudence, political science, ethics, and American legal history. It offers a uniquely philosophical approach to case law, encouraging critical thinking about constitutional, moral, and societal debates.…