Download or read book J L Austin and the Law written by Daniel Brian Yeager and published by Bucknell University Press. This book was released on 2006 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: In investigating the relationship between accusation and excuse, this study uncovers something about the criminal law's peculiar way of interpreting human action. Identifying that something can move us a little closer to discovery or agreement and just what it is that is staked in criminal law. What is staked in any discussion of criminal law is the meaning and operation of responsibility, which makes human action and its consequences so tragic. The author confronts the idea of responsibility by mapping the work of J. L. Austin onto the criminal law.
Download or read book Lectures on Jurisprudence Or the Philosophy of Positive Law written by John Austin and published by . This book was released on 1873 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Interpreting J L Austin written by Savas L. Tsohatzidis and published by Cambridge University Press. This book was released on 2018 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents fresh perspectives on the context and significance of Austin's philosophies of language, truth, perception, and knowledge.
Download or read book How to Do Things with Words written by John Langshaw Austin and published by Oxford University Press. This book was released on 1975 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work sets out Austin's conclusions in the field to which he directed his main efforts for at least the last ten years of his life. Starting from an exhaustive examination of his already well-known distinction between performative utterances and statements, Austin here finally abandons that distinction, replacing it with a more general theory of 'illocutionary forces' of utterances which has important bearings on a wide variety of philosophicalproblems.
Download or read book The Province of Jurisprudence Determined written by John Austin and published by . This book was released on 1832 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legality written by Scott J. Shapiro and published by Harvard University Press. This book was released on 2013-09-02 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H. L. A. Hart. Yet many others find it perplexing. How could we possibly know how to answer such an abstract question? And what would be the point of doing so? In Legality, Scott Shapiro argues that the question is not only meaningful but vitally important. In fact, many of the most pressing puzzles that lawyers confront—including who has legal authority over us and how we should interpret constitutions, statutes, and cases—will remain elusive until this grand philosophical question is resolved. Shapiro draws on recent work in the philosophy of action to develop an original and compelling answer to this age-old question. Breaking with a long tradition in jurisprudence, he argues that the law cannot be understood simply in terms of rules. Legal systems are best understood as highly complex and sophisticated tools for creating and applying plans. Shifting the focus of jurisprudence in this way—from rules to plans—not only resolves many of the most vexing puzzles about the nature of law but has profound implications for legal practice as well. Written in clear, jargon-free language, and presupposing no legal or philosophical background, Legality is both a groundbreaking new theory of law and an excellent introduction to and defense of classical jurisprudence.
Download or read book The Legacy of John Austin s Jurisprudence written by Michael Freeman and published by Springer Science & Business Media. This book was released on 2012-09-14 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first ever collected volume on John Austin, whose role in the founding of analytical jurisprudence is unquestionable. After 150 years, time has come to assess his legacy. The book fills a void in existing literature, by letting top scholars with diverse outlooks flesh out and discuss Austin’s legacy today. A nuanced, vibrant, and richly diverse picture of both his legal and ethical theories emerges, making a case for a renewal of interest in his work. The book applies multiple perspectives, reflecting Austin’s various interests – stretching from moral theory to theory of law and state, from Roman Law to Constitutional Law – and it offers a comparative outlook on Austin and his legacy in the light of the contemporary debate and major movements within legal theory. It sheds new light on some central issues of practical reasoning: the relation between law and morals, the nature of legal systems, the function of effectiveness, the value-free character of legal theory, the connection between normative and factual inquiries in the law, the role of power, the character of obedience and the notion of duty.
Download or read book Philosophy and International Law written by David Lefkowitz and published by Cambridge University Press. This book was released on 2020-10-29 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics.
Download or read book The Philosophy of Positive Law written by James Bernard Murphy and published by Yale University Press. This book was released on 2008-10-01 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this first book-length study of positive law, James Bernard Murphy rewrites central chapters in the history of jurisprudence by uncovering a fundamental continuity among four great legal philosophers: Plato, Thomas Aquinas, Thomas Hobbes, and John Austin. 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.
Download or read book Words Deeds Bodies L Wittgenstein J L Austin M Merleau Ponty and M Polanyi written by Jerry H. Gill and published by BRILL. This book was released on 2019-09-16 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Words, Deeds, Bodies, Jerry H. Gill seeks to connect the thought of L. Wittgenstein, J. L. Austin, M. Merleau-Ponty, and M. Polanyi in relation to the intersection between language and embodiment.
Download or read book Philosophy of Law written by Raymond Wacks and published by Oxford University Press. This book was released on 2014-02 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy.
Download or read book Speech Acts in Literature written by Joseph Hillis Miller and published by Stanford University Press. This book was released on 2001 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates the presence of literature within speech act theory and the utility of speech act theory in reading literary works. Though the founding text of speech act theory, J. L. Austin's How to Do Things with Words, repeatedly expels literature from the domain of felicitous speech acts, literature is an indispensable presence within Austin's book. It contains many literary references but also uses as essential tools literary devices of its own: imaginary stories that serve as examples and imaginary dialogues that forestall potential objections. How to Do Things with Words is not the triumphant establishment of a fully elaborated theory of speech acts, but the story of a failure to do that, the story of what Austin calls a "bogging down." After an introductory chapter that explores Austin's book in detail, the two following chapters show how Jacques Derrida and Paul de Man in different ways challenge Austin's speech act theory generally and his expulsion of literature specifically. Derrida shows that literature cannot be expelled from speech actsrather that what he calls "iterability" means that any speech act may be literature. De Man asserts that speech act theory involves a radical dissociation between the cognitive and positing dimensions of language, what Austin calls language's "constative" and "performative" aspects. Both Derrida and de Man elaborate new speech act theories that form the basis of new notions of responsible and effective politico-ethical decision and action. The fourth chapter explores the role of strong emotion in effective speech acts through a discussion of passages in Derrida, Wittgenstein, and Austin. The final chapter demonstrates, through close readings of three passages in Proust, the way speech act theory can be employed in an illuminating way in the accurate reading of literary works.
Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
Download or read book On the Philosophy of Law written by David A. Reidy and published by Cengage Learning. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Have you ever wondered why laws exist in the first place, and what's the point of punishment? Ever wondered why some actions are punished while others aren't? ON THE PHILOSOPHY OF LAW answers those questions and countless others using easy-to-follow explanations. Inside, you'll read selections that explain the philosophy underneath the law, and how it relates to your life today. Plus, it's got lots of study tools as well, so you can be ready for the test with no worries.
Download or read book The Province of Jurisprudence Determined by John Austin written by David Campbell and published by Routledge. This book was released on 2019-06-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1998, this text is the prefatory first part of Austin’s Lectures on Jurisprudence or the Philosophy of Positive Laws and first appeared separately from the Lectures in 1832. This volume reproduces the standard text of The Province from Robert Campbell’s fifth edition, published in 1885, and clarifies the structure and readability of the text, retaining Austin’s ‘Analysis’ as a whole at the start of the book. John Austin (1790-1859) was the first professor of jurisprudence at the University of London, which is now University College. His classic, The Province of Jurisprudence Determined, was derived from his course lectures. Austin took great pride in his ability to clearly delineate the study of law. Austin took a surgical approach and created a stripped down view of material central to the study of law. While this approach overlooks the ambiguity inherent in interpretations of law, it nevertheless stands as a landmark work and provides an excellent starting point for any deeper inquiry into the subject of jurisprudence.
Download or read book The Law of Peoples written by John Rawls and published by Harvard University Press. This book was released on 2001-03-02 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book consists of two parts: “The Law of Peoples,” a major reworking of a much shorter article by the same name published in 1993, and the essay “The Idea of Public Reason Revisited,” first published in 1997. Taken together, they are the culmination of more than fifty years of reflection on liberalism and on some of the most pressing problems of our times by John Rawls. “The Law of Peoples” extends the idea of a social contract to the Society of Peoples and lays out the general principles that can and should be accepted by both liberal and non-liberal societies as the standard for regulating their behavior toward one another. In particular, it draws a crucial distinction between basic human rights and the rights of each citizen of a liberal constitutional democracy. It explores the terms under which such a society may appropriately wage war against an “outlaw society” and discusses the moral grounds for rendering assistance to non-liberal societies burdened by unfavorable political and economic conditions. “The Idea of Public Reason Revisited” explains why the constraints of public reason, a concept first discussed in Political Liberalism (1993), are ones that holders of both religious and non-religious comprehensive views can reasonably endorse. It is Rawls’s most detailed account of how a modern constitutional democracy, based on a liberal political conception, could and would be viewed as legitimate by reasonable citizens who on religious, philosophical, or moral grounds do not themselves accept a liberal comprehensive doctrine—such as that of Kant, or Mill, or Rawls’s own “Justice as Fairness,” presented in A Theory of Justice (1971).
Download or read book J L Austin on Language written by B. Garvey and published by Palgrave Macmillan. This book was released on 2014-04-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looking at the work of J.L. Austin, who subjected language to a close and intense analysis, this book deals with his examination of the various things we do with words, and with the philosophical insights he believed could be gained by closely examining the uses of words by non-philosophers.
