Sheltering Angel by Louella Bryant

Sheltering Angel by Louella Bryant

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Sheltering Angel by Louella Bryant

This dissertation is intended as a contribution to philosophical debates about the relationship between law and morality. My basic claim is that this relationship is importantly illuminated in various ways and at different levels by an understanding of the way in which a theory of law necessarily incorporates a metaphysics of human nature. As we will see, sometimes this incorporation is explicit, as when Jeremy Bentham's psychological hedonism gives rise to an understanding of law's bindingness as grounded in peoples' causal history with incentives. More contentiously, I argue that though contemporary positivists take their account of law to be metaphysically noncommittal, views of what it is to be human agent continue to motivate, if implicitly, their positions. This is the case, I suggest, with H. L. A. Hart's analysis. I argue that Hart, in his various engagements with rival jurisprudential theories, draws tacitly on an underlying ontology of human agency. Likewise, these rival accounts often have reasons for rejecting Hart's analysis that go deeper than can be addressed at the level of substantive theory. In order to properly understand these debates, I suggest, we must understand better the relationship between a theory of law and the conception of human agency that underlies it.

Bryant, Louella: - Louella Bryant is author of While in Darkness There is Light, winner of Southwest Writers Award, and the collection Full Bloom, which won the Premier Award for Fiction. Her young adult novels Black Bonnet and Father By Blood also have won awards. Louella has acquired prizes for short stories and poems appearing in magazines and anthologies. Formerly with Spalding University's MFA in Writing Program, Louella now works as independent editor. Visit her website at http: //louellabryant.com.
SKU Unavailable
ISBN 13 9781685132408
ISBN 10 1685132405
Title Sheltering Angel
Author Louella Bryant
Condition Unavailable
Binding Type Paperback
Publisher Black Rose Writing
Year published 2023-07-27
Number of pages 394
Cover note Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
Note Unavailable