Download or read book Approaches to Legal Rationality written by Dov M. Gabbay and published by Springer Science & Business Media. This book was released on 2010-10-04 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal theory, political sciences, sociology, philosophy, logic, artificial intelligence: there are many approaches to legal argumentation. Each of them provides specific insights into highly complex phenomena. Different disciplines, but also different traditions in disciplines (e.g. analytical and continental traditions in philosophy) find here a rare occasion to meet. The present book contains contributions, both historical and thematic, from leading researchers in several of the most important approaches to legal rationality. One of the main issues is the relation between logic and law: the way logic is actually used in law, but also the way logic can make law explicit. An outstanding group of philosophers, logicians and jurists try to meet this issue. The book is more than a collection of papers. However different their respective conceptual tools may be, the authors share a common conception: legal argumentation is a specific argumentation context.
Download or read book Natural Law and Practical Rationality written by Mark C. Murphy and published by Cambridge University Press. This book was released on 2001-06-11 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: A defense of a contemporary natural law theory of practical rationality.
Download or read book The Limits of Rationality written by Karen Schweers Cook and published by University of Chicago Press. This book was released on 2008-10-03 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prevailing economic theory presumes that agents act rationally when they make decisions, striving to maximize the efficient use of their resources. Psychology has repeatedly challenged the rational choice paradigm with persuasive evidence that people do not always make the optimal choice. Yet the paradigm has proven so successful a predictor that its use continues to flourish, fueled by debate across the social sciences over why it works so well. Intended to introduce novices to rational choice theory, this accessible, interdisciplinary book collects writings by leading researchers. The Limits of Rationality illuminates the rational choice paradigm of social and political behavior itself, identifies its limitations, clarifies the nature of current controversies, and offers suggestions for improving current models. In the first section of the book, contributors consider the theoretical foundations of rational choice. Models of rational choice play an important role in providing a standard of human action and the bases for constitutional design, but do they also succeed as explanatory models of behavior? Do empirical failures of these explanatory models constitute a telling condemnation of rational choice theory or do they open new avenues of investigation and theorizing? Emphasizing analyses of norms and institutions, the second and third sections of the book investigate areas in which rational choice theory might be extended in order to provide better models. The contributors evaluate the adequacy of analyses based on neoclassical economics, the potential contributions of game theory and cognitive science, and the consequences for the basic framework when unequal bargaining power and hierarchy are introduced.
Download or read book Pathologies of Rational Choice Theory written by Donald Green and published by Yale University Press. This book was released on 1994-09-28 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive critical evaluation of the use of rational choice theory in political science. Writing in an accessible and nontechnical style, Donald P. Green and Ian Shapiro assess rational choice theory where it is reputed to be most successful: the study of collective action, the behavior of political parties and politicians, and such phenomena as voting cycles and Prisoner's Dilemmas. In their hard-hitting critique, Green and Shapiro demonstrate that the much heralded achievements of rational choice theory are in fact deeply suspect and that fundamental rethinking is needed if rational choice theorists are to contribute to the understanding of politics. In their final chapters, they anticipate and respond to a variety of possible rational choice responses to their arguments, thereby initiating a dialogue that is bound to continue for some time.
Download or read book Law Morality and Discursive Rationality written by Aulis Aarnio and published by . This book was released on 1989 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Rationality and Justification of Legislation written by Luc J. Wintgens and published by Springer Science & Business Media. This book was released on 2013-06-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays collected in this book address legislation from the viewpoint of legal theory and provide an overview of current research in legisprudence as a new scholarly approach to lawmaking. The overall focus of the volume is on the justification of legislation, with a special emphasis on the intricate notion of legislative rationality. With the rational justification of legislation as their central theme, the essays elaborate on the foundations and bounds of legislation and the search for a more principled lawmaking, discuss the role of legislation within the framework of democratic constitutionalism, analyze legislation as implementation of constitutional law, and explore how legislative argumentation in parliament can be construed as a source of justification of laws.
Download or read book Reason Democracy Society written by Sebastián Urbina and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reason, Democracy, Society deals with basic points of legal theory and philosophy of law. The main contention of the book relates to the insufficiencies of the legal positivistic approach. Some of its claims are that we must sharply separate what the law is from, what the law ought to be, and that we can know what the law is without appealing to meta-legal considerations. These and other claims are criticized. The author shows that with the legal positivistic approach we cannot know, in all cases, what the law is, if that is equated to the rules posited by the legislator. He also challenges H.L.A. Hart's and MacCormick's points of view, amongst others, about the characteristic corner stones of legal positivism. Some other issues relate to human rights, legal rationality and efficiency and ethics. This book will be of interest to philosophers concerned with law or ethics, those concerned with justice in modern society and to jurists and law students.
Download or read book On Law and Reason written by Aleksander Peczenik and published by Springer Science & Business Media. This book was released on 2014-01-12 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.’ These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the book’s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (‘defeasible’) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail.
Download or read book Law Society written by John Sutton and published by Pine Forge Press. This book was released on 2001 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: A core text for the Law and Society or Sociology of Law course offered in Sociology, Criminal Justice, Political Science, and Schools of Law. * John Sutton offers an explicitly analytical perspective to the subject - how does law change? What makes law more or less effective in solving social problems? What do lawyers do? * Chapter 1 contrasts normative and sociological perspectives on law, and presents a brief primer on the logic of research and inference as it is applied to law related issues. * Theories of legal change are discussed within a common conceptual framework that highlights the explantory strengths and weaknesses of different arguments. * Discussions of "law in action" are explicitly comparative, applying a consistent model to explain the variable outcomes of civil rights legislation. * Many concrete, in-depth examples throughout the chapters.
Download or read book Rationality in Politics and its Limits written by Terry Nardin and published by Routledge. This book was released on 2017-10-02 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: The word ‘rationality’ and its cognates, like ‘reason’, have multiple contexts and connotations. Rational calculation can be contrasted with rational interpretation. There is the rationality of proof and of persuasion, of tradition and of the criticism of tradition. Rationalism (and rationalists) can be reasonable or unreasonable. Reason is sometimes distinguished from revelation, superstition, convention, prejudice, emotion, and chance, but all of these also involve reasoning. In politics, three views of rationality – economic, moral, and historical – have been especially important, often defining approaches to politics and political theory such as utilitarianism and rational choice theory. These approaches privilege positive or natural law, responsibilities, or human rights, and emphasize the importance of culture and tradition, and therefore meaning and context. This book explores the understanding of rationality in politics and the relations between different approaches to rationality. Among the topics considered are the limits of rationality, the role of imagination and emotion in politics, the meaning of political realism, the nature of political judgment, and the relationship between theory and practice. This book was originally published as a special issue of Global Discourse.
Download or read book Legal Reasoning and Legal Theory written by Neil MacCormick and published by Clarendon Press. This book was released on 1994-08-11 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.
Download or read book A Theory of Legal Argumentation written by Robert Alexy and published by Oxford University Press, USA. This book was released on 1989 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: "What is to be understood by 'rational legal argument'? To what extent can legal reasoning be rational? Is the demand for rationality in legal affairs justified? And what are the criteria of rationality in legal reasoning? The answer to these questions is not only of interest to legal theorists and philosophers of law. They are pressing issues for practicing lawyers, and a matter of concern for every citizen active in the public arena. Not only the standing of academic law as a scientific discipline, but also the legitimacy of judicial decisions depends on the possibility of rational legal argumentation. A theory of legal reasoning which tries to answer these questions pre-supposes a theory of general practical reasoning. This theory is the subject matter of the first two parts of the book. The result is a theory of general practical discourse which rests on insights of both Anglo-Saxon and German philosophy. It forms the basis of the theory of rational legal discourse, which is developed in the third part of this book"--Publisher's website.
Download or read book Fundamentals of Legal Argumentation written by Eveline T. Feteris and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal argumentation is a distinctively multidisciplinary field of inquiry. It draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary theory, philosophy, sociology, and artificial intelligence. This presents the growing group of interested scholars and students with a problem of access, since, even for those active in the field, it is not common to have acquired a familiarity with relevant aspects of each discipline that enters into this multidisciplinary matrix. Fundamentals of Legal Argumentation offers its readers a unique and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as all major approaches and trends in the contemporary research. It surveys relevant theoretical factors both from various continental law traditions and common law countries.
Download or read book Law Truth and Reason written by Raimo Siltala and published by Springer Science & Business Media. This book was released on 2011-07-29 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wróblewski ́s three ideologies (bound/free/legal and rational) and Makkonen ́s three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth serving as a reference, the frames of legal analysis include the isomorphic theory of law (Wittgenstein, Makkonen), the coherence theory of law (Alexy, Peczenik, Dworkin), the new rhetoric and legal argumentation theory (Perelman, Aarnio), social consequentialism (Posner), natural law theory (Fuller, Finnis), and the sequential model of legal reasoning by Neil MacCormick and the Bielefelder Kreis. At the end, some key issues of legal metaphysics are addressed, like the notion of legal systematics and the future potential of the analytical approach in jurisprudence.
Download or read book Rational Individualism written by Roger T. Simonds and published by BRILL. This book was released on 2022-06-13 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a study of the theory of legal interpretation that underlies the legal systems of Europe, England, and the United States. The principles of interpretive jurisprudence are traced through Greek and Latin philosophers and legal theorists and Renaissance Italian glossators and commentators. In addressing human nature, these principles have a self-sustaining logical integrity. They are defensible as a worthy tradition of legal respect for the value of the individual.
Download or read book Legal Rationality written by Abdullah M.. Al-Wagdani and published by . This book was released on 2004 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and Society written by Gerald Turkel and published by Pearson. This book was released on 1996 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text presents a critical approach to issues in law and society. It is concerned with defining how the rule of law has changed as a result of changes in the economy; the development of social movements in the U.S.; and in the efforts to make life more democratic. The book focuses on questions of law and economic relationships, law and changing definitions of gender, alternative dispute resolution, and relationships between law and the community.
