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In their theories of positive law, Murphy argues, these thinkers represent successive chapters in a single fascinating story. That story revolves around a fundamental ambiguity: is law positive because it is deliberately imposed (as opposed to customary law) or because it lacks moral necessity (as opposed to natural law)? These two senses of positive law are not coextensive yet the discourse of positive law oscillates unstably between them. What, then, is the relation between being deliberately imposed and lacking moral necessity? Murphy demonstrates how the discourse of positive law incorporates both normative and descriptive dimensions of law, and he discusses the relation of positive law not only to jurisprudence but also to the philosophy of language, ethics, theories of social order and biblical law.","brand":"WoB","offers":[{"title":"US \/ VERY_GOOD \/ SBYB","offer_id":49937429987601,"sku":"CIN0300107889VG","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0300107889.jpg?v=1750941231"},{"product_id":"third-sword-book-james-bernard-murphy-9781009372268","title":"The Third Sword","description":"Prophets are wild cards in the game of politics, James Bernard Murphy writes in this startling new book. They risk their lives by calling out the abuses of political and religious leaders, forcing us to confront evils we would prefer to ignore. By setting moral limits on political leaders, prophets chasten our political pretensions and remind us there are values that transcend politics. They wield a third sword—distinct from the familiar swords of state and church power—their sword is the word of God. The Third Sword offers a new take on political history, illustrating a theory of prophetic politics through tales of political crises, interspersed with direct dialogue between the prophets and their persecutors. With chapters on Socrates, Jesus, Joan of Arc, Thomas More, and Martin Luther King, Murphy brings these prophets to life with storytelling that blends biography, history, and political theory.","brand":"WoB","offers":[{"title":"US \/ NEW \/ INGRAM","offer_id":51012225958161,"sku":"NIN9781009372268","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ VERY_GOOD \/ INTERNAL","offer_id":51400214315281,"sku":"GOR014258676","price":0.0,"currency_code":"GBP","in_stock":true},{"title":"GB \/ NEW \/ INGRAM","offer_id":52353344569617,"sku":"NLS9781009372268","price":0.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/1009372262.jpg?v=1751142008"},{"product_id":"third-sword-book-james-bernard-murphy-9781009372282","title":"The Third Sword","description":"Prophets are wild cards in the game of politics, James Bernard Murphy writes in this startling new book. 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In ancient Greek philosophy and the Bible, what is best is god. Plato and Aristotle argue that the goal of human life is to become as much like god as is humanly possible. Despite its obvious importance, this theme of assimilation to god has been neglected in Anglo-American scholarship. Classical Greek philosophy is best understood as a religious quest for divinity by means of rational discipline. By showing how Greek philosophy grows out of ancient Greek religion and how the philosophical quest for god compares to the biblical quest, we see Plato and Aristotle properly as major religious thinkers. 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Augustine's almost eerily modern political realism was based upon his deep appreciation of human evil, arising from his insights into the human personality, the product of his reflections on his own life and the history of his times. These insights have traveled well through the ages and are mirrored in the pages of Aquinas, Luther and Calvin, Reinhold Niebuhr, and Hannah Arendt.  The articles in this volume describe the life and world of Augustine and the ways in which he conceived both justice and law. They also discuss the little recognized Augustinian contributions to the field of modern hermeneutics - the discipline which informs the art of legal interpretation. Finally, they include Augustine's valuable discussion of church\/state relations, the law of just wars, and proper role and limits of coercion, and the procreative dimensions of marriage.  The volume also includes an extremely useful, definitive bibliography of Augustine and the law, and will leave readers with an increased appreciation of the contributions which Augustine has made to the history of jurisprudence.  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With Aristotle's definition of work as a unity of conception and execution, we can see what is wrong with work in the contemporary world: the detailed division of labor has divorced conception from execution. 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Many laws grow out of custom, and one measure of a law's success is by its creation of an enduring legal custom. Yet custom and customary law have long been neglected topics in unsettled jurisprudential debate. Smaller concerns, such as whether customs can be legitimized by practice or by stipulation, stipulated by an authority or by general consent, or dictated by law or vice versa, lead to broader questions of law and custom as alternative or mutually exclusive modes of social regulation, and whether rational reflection in general ought to replace sub-rational prejudice. Can legal rules function without customary usage, and does custom even matter in society?   The Philosophy of Customary Law brings greater theoretical clarity to the often murky topic of custom by showing that custom must be analyzed into two more logically basic concepts: convention and habit. 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