Download or read book Disaccordi interpretativi profondi written by Vittorio Villa and published by . This book was released on 2017 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Meta theory of Law written by Mathieu Carpentier and published by John Wiley & Sons. This book was released on 2022-08-24 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is devoted to the theory of legal theory, also referred to as the "meta-theory of law". The aim of this emerging discipline is to determine the objectives, aims and methods of legal theory, and to establish the conditions of possibility as well as the validity criteria for theoretical discourse on law. The contributions in this book provide an overview of these aspects through different perspectives and approaches. The very purpose of legal theory has been disputed and the subject area is currently subject to increasing cross-fertilization between different, and sometimes diverging, traditions. Meta-theory of Law assesses these emerging trends by questioning two basic objects of legal theory, the "nature" and the "science" of law.
Download or read book The fable of the Bees written by Bernard de Mandeville and published by . This book was released on 1724 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Inclusive Legal Positivism written by Wilfrid J. Waluchow and published by Oxford University Press on Demand. This book was released on 1994 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a general theory of law, inclusive legal positivism, which seeks to remain within the tradition represented by authors such as Austin, Hart, MacCormick, and Raz, while sharing some of the virtues of both classical and modern theories of natural law, as represented by authors such as Aquinas, Fuller, Finnis, and Dworkin. Its central theoretical questions are: Does the existence or content of positive law ever depend on moral considerations? If so, is this fact consistent with legal positivism? The author shows how inclusive positivism allows one to answer yes to both of these questions. In addition to articulating and defending his own version of legal positivism, which is a refinement and development of the views of H.L.A. Hart as expressed in his classic book The Concept of Law, the author clarifies the terms of current jurisprudential debates about the nature of law. These debates are often clouded by failures to appreciate that different theorists are offering differing kinds of theories and attempting to answer different questions. There is also a failure, principally on the part of Ronald Dworkin, to characterize opposing theories correctly. The clarity of Waluchow's work will help to remove the confusion which has hitherto marred some jurisprudential debate, particularly about Dworkin's work.
Download or read book The Identity in Question written by John Rajchman and published by Routledge. This book was released on 2014-10-29 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: As virulent nationalism increases in Europe and th debate surrounding political correctness continues to rage in the US, this volume provides a theoretical analysis of these events and the questions they raise for critical theory.
Download or read book Pragmatics and Law written by Francesca Poggi and published by Springer. This book was released on 2016-12-01 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the second part of a project which hosts an interdisciplinary discussion about the relationship among law and language, legal practice and ordinary conversation, legal philosophy and the linguistics sciences. An international group of authors, from cognitive science, philosophy of language and philosophy of law question about how legal theory and pragmatics can enrich each other. In particular, the first part is devoted to the analysis of how pragmatics can solve problems related to legal theory: What can pragmatics teach about the concept of law and its relationship with moral, and, in particular, about the eternal dispute between legal positivism and legal naturalism? What can pragmatics teach about the concept of law and/or legal disagreements? The second part is focused on legal adjudication: it aims to construct a pragmatic apparatus appropriate to legal trial and/or to test the tenure of the traditional pragmatics tools in the field. The authors face questions such as: Which interesting pragmatic features emerge from legal adjudication? What pragmatic theories are better suited to account for the practice of judgment or its particular aspects (such as the testimony or the binding force of legal precedents)? Which pragmatic and socio-linguistic problems are highlighted by this practice?
Download or read book The Morality of Criminal Law written by Herbert Lionel Adolphus Hart and published by . This book was released on 1969 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Between Desire and Reason written by Fernando Simón-Yarza and published by . This book was released on 2019-11-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an in-depth account of the most important moral debates surrounding human rights today. They are the basis of legitimacy for modern Western civilisation, yet there still exists differences between our common view on the importance of rights and our profound disagreement on their meaning and content.
Download or read book Pragmatics and Law written by Alessandro Capone and published by Springer. This book was released on 2016-05-02 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume highlights important aspects of the complex relationship between common language and legal practice. It hosts an interdisciplinary discussion between cognitive science, philosophy of language and philosophy of law, in which an international group of authors aims to promote, enrich and refine this new debate. Philosophers of law have always shown a keen interest in cognitive science and philosophy of language in order to find tools to solve their problems: recently this interest was reciprocated and scholars from cognitive science and philosophy of language now look to the law as a testing ground for their theses. Using the most sophisticated tools available to pragmatics, sociolinguistics, cognitive sciences and legal theory, an interdisciplinary, international group of authors address questions like: Does legal interpretation differ from ordinary understanding? Is the common pragmatic apparatus appropriate to legal practice? What can pragmatics teach about the concept of law and pervasive legal phenomena such as testimony or legal disagreements?
Download or read book Implicatures within Legal Language written by Izabela Skoczeń and published by Springer. This book was released on 2019-06-14 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a novel, descriptive theory that unveils the linguistic mechanisms lurking behind judicial decisions. It offers a comprehensive account of the ongoing debate, as well as a novel solution to the problem of understanding legal pragmatics. Linguistic pragmatics is based on a theory created by Paul Grice, who observed that people usually convey more than just the amalgam of the meaning of the words they use. He labeled this surplus of meaning a “conversational implicature.” This book addresses the question of whether implicatures occur in the legal language, firstly illustrating why the classic Gricean theory is not applicable (without substantial modification) to the description of legal language and proposing a novel approach based on a modification of Andrei Marmor’s “strategic speech.” Subsequently, it analyzes neo-Gricean theories and their limited use for describing the mechanisms of legal interpretation, and discusses the possibility of pragmatic enrichment of legal content as well as the notion of completeness of a legal proposition. Lastly, it illustrates how the developed theory works in practice, with examples from penal and civil law cases. The book is helpful to legal practitioners, since it provides insights into the reasons for and linguistic mechanisms behind courts’ decisions, but also to philosophers of law, philosophers of language, linguists and non-experts wishing to better understand the mechanisms of legal decision making.
Download or read book The Nature of Legislative Intent written by Richard Ekins and published by OUP Oxford. This book was released on 2012-10-12 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.
Download or read book Interpretation and Legal Theory written by Andrei Marmor and published by Bloomsbury Publishing. This book was released on 2005-04-25 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a revised and extensively rewritten edition of one of the most influential monographs on legal philosophy published in recent years. Writing in the introduction to the first edition the author characterized Anglophone philosophers as being ..."divided, and often waver[ing] between two main philosophical objectives: the moral evaluation of law and legal institutions, and an account of its actual nature." Questions of methodology have therefore tended to be sidelined, but were bound to surface sooner or later, as they have in the later work of Ronald Dworkin. The main purpose of this book is to provide a critical assessment of Dworkin's methodological turn, away from analytical jurisprudence towards a theory of interpretation, and the issues it gives rise to. The author argues that the importance of Dworkin's interpretative turn is not that it provides a substitute for 'semantic theories of law' (a dubious concept), but that it provides a new conception of jurisprudence, aiming to present itself as a comprehensive rival to the conventionalism manifest in legal positivism. Furthermore, once the interpretative turn is regarded as an overall challenge to conventionalism, it is easier to see why it does not confine itself to a critique of method. Law as interpretation calls into question the main tenets of its positivist rival, in substance as well as method. The book re-examines conventionalism in the light of this interpretative challenge.
Download or read book Language Society and Identity written by John R. Edwards and published by Wiley-Blackwell. This book was released on 1985-01 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Messianic Secret written by William Wrede and published by BoD – Books on Demand. This book was released on 2022-01-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: William Wrede was among the first to recognise the creative contribution of the Gospel writers. His work thus laid the foundation for the work of the Form Critics, Redaction Critics and Literary Critics whose scholarship dominated New Testament studies during the twentieth century. This highly influential work was throughout this period the departure point for all studies in the Gospel of Mark and in the literary methods of the evangelists. It remains highly relevant for its ground-breaking approach to the classically complicated question of whether Jesus saw himself and represented himself as the Messiah.
Download or read book Culture of the Selfie written by Ana Peraica and published by . This book was released on 2017-05-23 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: Culture of the Selfie is an in-depth art-historical overview of self-portraiture, using a set of theories from visual studies, narratology, media studies, psychotherapy, and political principles. Collecting information from various fields, juxtaposing them on the historical time-line of artworks, the book focuses on space in self-portraits, shared between the person self-portraying and the viewer. What is the missing information of the transparent relationship to the self and what kind of world appears behind each selfie? As the 'world behind one's back' is gradually taking larger place in the visual field, the book dwells on a capacity of selfies to master reality, the inter-mediate way and, in a measure, oneself.
Download or read book Site Specific Sound written by Brandon LaBelle and published by Errant Bodies. This book was released on 2004 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: Documents a series of sound installations from 1998-2002 by Brandon LaBelle. Includes interview with Achim Wollscheid.
Download or read book Human Resource Development Research Handbook written by Richard A. Swanson and published by Berrett-Koehler Publishers. This book was released on 1997 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research isn't just for academics. Human Resource professionals who incorporate it into their organizations see results. This guide demystifies the research process so HRD professionals can use it in their practices. Real-world examples show how research and theory can help solve everyday problems. 10 charts.
