Kenneth Einar Himma's Books

Morality and the Nature of Law

By: Kenneth Einar Himma

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Morality and the Nature of Law

By: Kenneth Einar Himma

Morality and the Nature of Law explores the conceptual relationship between morality and the criteria that determine what counts as law in a given societythe criteria of legal validity. Is it necessary condition for a legal system to include moral criteria of legal validity? Is it even possible for a legal system to have moral criteria of legal validity? The book considers the views of natural law theorists ranging from Blackstone to Dworkin and rejects them, arguing that it is not conceptually necessary that the criteria of legal validity include moral norms. Further, it rejects the exclusive positivist view, arguing instead that it is conceptually possible for the criteria of validity to include moral norms. In the process of considering such questions, this book considers Raz's views concerning the nature of authority and Shapiro's views about the guidance function of law, which have been thought to repudiate the conceptual possibility of moral criteria of legal validity. The book, then, articulates a thought experiment that shows that it is possible for a legal system to have such criteria and concludes with a chapter that argues that any legal system, like that of the United States, which affords final authority over the content of the law to judges who are fallible with respect to the requirements of morality is a legal system with purely source-based criteria of validity.

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344

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Oxford University Press

Published Date

ISBN 10

0191035203

ISBN 13

9780191035203

Coercion and the Nature of Law

By: Kenneth Einar Himma

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Coercion and the Nature of Law

By: Kenneth Einar Himma

The Coercion Thesis has been a subject of longstanding debate, but legal positivist scholarship over the last several decades has concluded that coercion is not necessary for law. Coercion and the Nature of Law is concerned with reviving the Coercion Thesis, presenting a strong case for the inherently coercive nature of legal regulation, and arguing that anything properly characterized as a legal system must back legal norms prohibiting breaches of the peace with the threat of a coercive sanction. Himma presents the argument that people are self-interested beings who must compete in a world of scarcity for everything they need to survive and thrive. The need to compete for resources naturally leads to conflict that can breach the peace, and threatens the ability to live together in a community and reap the social benefits of cooperation. Law only functions as a system if it can maintain the peace enough for community to continue, and thus systems of law cannot succeed in doing anything that we want systems of law to do unless they back laws prohibiting violent assaults on persons or property with the threat of punishment; without sanctions, we would descend into something resembling a condition of war-of-all-against-all. We adopt coercive systems of regulation precisely to avoid having to live under such conditions. The book is divided into three parts: (1) a prima facie logical-empirical case for the Coercion Thesis, (2) a study of the "society of angels" and international law counterexamples, and why they do not refute the thesis, and (3) an analysis of how law guides behaviour and the implications of the Coercion Thesis on reasons for action. Going against the current conventional wisdom in legal philosophy, Himma makes a systematic defence of the Coercion Thesis arguing that coercion or enforcement mechanisms are not only a necessary feature of legal systems, but a conceptually necessary feature of legal systems.

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289

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Oxford University Press

Published Date

ISBN 10

0192597167

ISBN 13

9780192597168

Morality and the Nature of Law

By: Kenneth Einar Himma

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Morality and the Nature of Law

By: Kenneth Einar Himma

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241

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Oxford University Press

Published Date

ISBN 10

019103519X

ISBN 13

9780191035197

Coercion and the Nature of Law

By: Kenneth Einar Himma

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Coercion and the Nature of Law

By: Kenneth Einar Himma

Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigor and originality. It sets the standard in contemporary jurisprudence. Book jacket.

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289

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ISBN 10

0198854935

ISBN 13

9780198854937

The Rule of Recognition and the U.S. Constitution

By: Matthew Adler,Kenneth Einar Himma

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The Rule of Recognition and the U.S. Constitution

By: Matthew Adler,Kenneth Einar Himma

The Rule of Recognition and the U.S. Constitution is a volume of original essays that discuss the applicability of Hart's rule of recognition model of a legal system to U.S. constitutional law. The contributors are leading scholars in analytical jurisprudence and constitutional theory, including Matthew Adler, Larry Alexander, Mitchell Berman, Michael Dorf, Kent Greenawalt, Richard Fallon, Michael Green, Kenneth Einar Himma, Stephen Perry, Frederick Schauer, Scott Shapiro, Jeremy Waldron, and Wil Waluchow. The volume makes a contribution both in jurisprudence, using the U.S. as a "test case" that highlights the strengths and limitations of the rule of recognition model; and in constitutional theory, by showing how the model can illuminate topics such as the role of the Supreme Court, the constitutional status of precedent, the legitimacy of unwritten sources of constitutional law, the choice of methods for interpreting the text of the Constitution, and popular constitutionalism.

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412

Publisher

Oxford University Press

Published Date

ISBN 10

019971116X

ISBN 13

9780199711161

Internet Security

Hacking, Counterhacking, and Society

By: Kenneth Einar Himma

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Internet Security

Hacking, Counterhacking, and Society

By: Kenneth Einar Himma

This collection of papers, articles, and monographs details the ethical landscape as it exists for the distinct areas of Internet and network security, including moral justification of hacker attacks, the ethics behind the freedom of information which contributes to hacking, and the role of the law in policing cyberspace.

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310

Publisher

Jones & Bartlett Learning

Published Date

ISBN 10

0763735361

ISBN 13

9780763735364

The Functions of Law

By: Kenneth M. Ehrenberg

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The Functions of Law

By: Kenneth M. Ehrenberg

What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities.

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Page Count

339

Publisher

Oxford University Press

Published Date

ISBN 10

0191668478

ISBN 13

9780191668470

The Rule of Recognition and the U.S. Constitution

By: Matthew Adler,Kenneth Einar Himma

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The Rule of Recognition and the U.S. Constitution

By: Matthew Adler,Kenneth Einar Himma

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412

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Oxford University Press

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ISBN 10

019971116X

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9780199711161

The Rule of Recognition and the U.S. Constitution

By: Kenneth Einar Himma,Matthew D. Adler

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The Rule of Recognition and the U.S. Constitution

By: Kenneth Einar Himma,Matthew D. Adler

This volume includes both jurisprudence, using the U.S. as a 'test case' that highlights the strengths and limitations of the rule of recognition model, and constitutional theory, by showing how the model can illuminate topics such as the role of the Supreme Court, the constitutional status of precedent, and much more.

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Page Count

389

Published Date

ISBN 10

0199867801

ISBN 13

9780199867806

Book's by Kenneth Einar Himma

Morality and the Nature of Law

Morality and the Nature of Law

Coercion and the Nature of Law

Coercion and the Nature of Law

Morality and the Nature of Law

Morality and the Nature of Law

Coercion and the Nature of Law

Coercion and the Nature of Law

The Rule of Recognition and the U.S. Constitution

The Rule of Recognition and the U.S. Constitution

Internet Security

Internet Security

The Functions of Law

The Functions of Law

The Rule of Recognition and the U.S. Constitution

The Rule of Recognition and the U.S. Constitution

The Rule of Recognition and the U.S. Constitution

The Rule of Recognition and the U.S. Constitution

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