Download or read book Law and the Limits of Reason written by Adrian Vermeule and published by Oxford University Press. This book was released on 2008-12-23 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human reason is limited. Given the scarcity of reason, how should the power to make constitutional law be allocated among legislatures, courts and the executive, and how should legal institutions be designed? In Law and the Limits of Reason, Adrian Vermeule denies the widespread view, stemming from Burke and Hayek, that the limits of reason counsel in favor of judges making "living" constitutional law in the style of the common law. Instead, he proposes and defends a "codified constitution" - a regime in which legislatures have the primary authority to develop constitutional law over time, through statutes and constitutional amendments. Vermeule contends that precisely because of the limits of human reason, large modern legislatures, with their numerous and highly diverse memberships and their complex internal structures for processing information, are the most epistemically effective lawmaking institutions.

Download or read book The Limits of Reason written by John A. Eisenberg and published by Transaction Publishers. This book was released on 1992-01-01 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through lucid theoretical analysis and his own extensive experience in these areas, he demonstrates that the outcomes of rationally conceived programs are usually at odds with the intended result. Eisenberg traces this failure to an intrinsic logical incompatibility between what reason tries to do and what it can do. Rational method is premised on the possibility of conceiving and correlating all operative factors in a given process. However, all such factors cannot be taken into account. Using a social variation of the "principle of indeterminancy," the author notes that reason cannot take itself into account any more than the eye can see itself seeing or the hand can grasp itself grasping. Similarly, reason cannot control how institutional structure affects social behavior, nor how legal language determines social reality. Eisenberg locates an intrinsic indeterminacy in society that precludes total or even substantial understanding and control of our destinies

Download or read book Cicero on Politics and the Limits of Reason written by Jed W. Atkins and published by Cambridge University Press. This book was released on 2013-10-17 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: A prolific philosopher who also held Rome's highest political office, Cicero was uniquely qualified to write on political philosophy. In this book Professor Atkins provides a fresh interpretation of Cicero's central political dialogues - the Republic and Laws. Devoting careful attention to form as well as philosophy, Atkins argues that these dialogues together probe the limits of reason in political affairs and explore the resources available to the statesman given these limitations. He shows how Cicero appropriated and transformed Plato's thought to forge original and important works of political philosophy. The book demonstrates that Cicero's Republic and Laws are critical for understanding the history of the concepts of rights, the mixed constitution and natural law. It concludes by comparing Cicero's thought to the modern conservative tradition and argues that Cicero provides a perspective on utopia frequently absent from current philosophical treatments.

Download or read book The Limits of Reason in Hobbes s Commonwealth written by Michael P. Krom and published by A&C Black. This book was released on 2011-10-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Limits of Reason in Hobbes's Commonwealth explores Hobbes's attempt to construct a political philosophy of enduring peace on the foundation of the rational individual. Hobbes's rational individual, motivated by self-preservation, obeys the laws of the commonwealth and thus is conceived as the model citizen. Yet Hobbes intimates that there are limits to what such an actor will do for peace, and that the glory-seeker - "too rarely found to be presumed on" - is capable of a generosity that is necessary for political longevity. Michael P. Krom identifies this as a fundamental contradiction in Hobbes's system: he builds the commonwealth on the rational actor, yet acknowledges the need for the irrational glory-seeker. Krom argues that Hobbes's attempt to establish a "king of the proud" fails to overcome the limits of reason and the precariousness of politics. This book synthesizes recent work on Hobbes's understanding of glory and political stability, challenging the view that Hobbes succeeds in incorporating glory-seekers into his political theory and explores the implications of this for contemporary political philosophy after Rawls.

Download or read book The Outer Limits of Reason written by Noson S. Yanofsky and published by MIT Press. This book was released on 2016-11-04 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exploration of the scientific limits of knowledge challenges our deep-seated beliefs about our universe, our rationality, and ourselves. “A must-read for anyone studying information science.” —Publishers Weekly, starred review Many books explain what is known about the universe. This book investigates what cannot be known. Rather than exploring the amazing facts that science, mathematics, and reason have revealed to us, this work studies what science, mathematics, and reason tell us cannot be revealed. In The Outer Limits of Reason, Noson Yanofsky considers what cannot be predicted, described, or known, and what will never be understood. He discusses the limitations of computers, physics, logic, and our own intuitions about the world—including our ideas about space, time, and motion, and the complex relationship between the knower and the known. Yanofsky describes simple tasks that would take computers trillions of centuries to complete and other problems that computers can never solve: • perfectly formed English sentences that make no sense • different levels of infinity • the bizarre world of the quantum • the relevance of relativity theory • the causes of chaos theory • math problems that cannot be solved by normal means • statements that are true but cannot be proven Moving from the concrete to the abstract, from problems of everyday language to straightforward philosophical questions to the formalities of physics and mathematics, Yanofsky demonstrates a myriad of unsolvable problems and paradoxes. Exploring the various limitations of our knowledge, he shows that many of these limitations have a similar pattern and that by investigating these patterns, we can better understand the structure and limitations of reason itself. Yanofsky even attempts to look beyond the borders of reason to see what, if anything, is out there.

Download or read book Common Good Constitutionalism written by Adrian Vermeule and published by John Wiley & Sons. This book was released on 2022-02-08 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.

Download or read book The Limits of Blame written by Erin I. Kelly and published by Harvard University Press. This book was released on 2018-11-12 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.

Download or read book Kant Religion Within the Boundaries of Mere Reason written by Immanuel Kant and published by Cambridge University Press. This book was released on 1998-11-26 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religion within the Boundaries of Mere Reason is a key element of the system of philosophy which Kant introduced with his Critique of Pure Reason, and a work of major importance in the history of Western religious thought. It represents a great philosopher's attempt to spell out the form and content of a type of religion that would be grounded in moral reason and would meet the needs of ethical life. It includes sharply critical and boldly constructive discussions on topics not often treated by philosophers, including such traditional theological concepts as original sin and the salvation or 'justification' of a sinner, and the idea of the proper role of a church. This volume presents it and three short essays that illuminate it in new translations by Allen Wood and George di Giovanni, with an introduction by Robert Merrihew Adams that locates it in its historical and philosophical context.

Download or read book Natural Law and Human Rights written by Pierre Manent and published by University of Notre Dame Pess. This book was released on 2020-02-28 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This first English translation of Pierre Manent’s profound and strikingly original book La loi naturelle et les droits de l’homme is a reflection on the central question of the Western political tradition. In six chapters, developed from the prestigious Étienne Gilson lectures at the Institut Catholique de Paris, and in a related appendix, Manent contemplates the steady displacement of the natural law by the modern conception of human rights. He aims to restore the grammar of moral and political action, and thus the possibility of an authentically political order that is fully compatible with liberty. Manent boldly confronts the prejudices and dogmas of those who have repudiated the classical and Christian notion of “liberty under law” and in the process shows how groundless many contemporary appeals to human rights turn out to be. Manent denies that we can generate obligations from a condition of what Locke, Hobbes, and Rousseau call the “state of nature,” where human beings are absolutely free, with no obligations to others. In his view, our ever-more-imperial affirmation of human rights needs to be reintegrated into what he calls an “archic” understanding of human and political existence, where law and obligation are inherent in liberty and meaningful human action. Otherwise we are bound to act thoughtlessly and in an increasingly arbitrary or willful manner. Natural Law and Human Rights will engage students and scholars of politics, philosophy, and religion, and will captivate sophisticated readers who are interested in the question of how we might reconfigure our knowledge of, and talk with one another about, politics.

Download or read book Human Rights and the Limits of Critical Reason written by Rolando Gaete and published by Dartmouth Publishing Company. This book was released on 1993 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The rationalization of power has been an enduring feature of Modernity, assigning to human rights the task of subjecting the excesses of power to the scrutiny of critical reason." "Gaete examines this task in the wake of the crisis of modernity, when the belief that man can draw principles out of his own ground has lost its authority and when the very possibility of an enlightened, disinterested Reason is being questioned. The aim of the book is not to offer another critique of rights but to investigate how both rights and critiques are transformed by the rhetoric of power." "The author traces the discourse of judicial criticism as a series of rhetorical operations, bringing to light the paradoxes, antinomies and 'truth games' that permeate the field of human rights. He interrogates the discourse of modern humanism and investigates how its claims to being the law of the law and the metaphysics of the modern State shape the bond between State and citizen." "Gaete carries his argument across the fields of post-Nietzschean philosophy, anglo-american jurisprudence, political science, cultural and legal studies opening new ground for analyses of the rhetoric of rights."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Download or read book The Expressive Powers of Law written by Richard H. McAdams and published by Harvard University Press. This book was released on 2015-02-09 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: When asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs. “McAdams’s account is useful, powerful, and—a rarity in legal theory—concrete...McAdams’s treatment reveals important insights into how rational agents reason and interact both with one another and with the law. The Expressive Powers of Law is a valuable contribution to our understanding of these interactions.” —Harvard Law Review “McAdams’s analysis widening the perspective of our understanding of why people comply with the law should be welcomed by those interested either in the nature of law, the function of law, or both...McAdams shows how law sometimes works by a power of suggestion. His varied examples are fascinating for their capacity both to demonstrate and to show the limits of law’s expressive power.” —Patrick McKinley Brennan, Review of Metaphysics

Download or read book Van Til and the Limits of Reason written by R. J. Rushdoony and published by Chalcedon Foundation. This book was released on 2013-09-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Enlightenment was an intellectual movement of the late seventeenth and eighteenth centuries that was a self-conscious move away from the Reformation’s emphasis on faith and revelation. It was the mind of man that became the new standard. “My own mind is my own church,” wrote Thomas Paine in his Age of Reason (Part First, 1794), which was an attack on all religion that claimed to be authoritative and Christianity in particular. It is not without case that Paine’s title is sometimes used as a synonym for the Enlightenment. Its rationalism saw faith as a blind confidence, a belief in nothing, while Hebrews 11:3 tells us it is “through faith we understand…” The Christian must see faith in God’s revelation as opening up understanding, as thinking God’s thoughts after Him, and rationalism as a restriction of thought to the narrow confines of human understanding. Reason is a gift of God, but we must not make more of it than it is. To see our reason as supreme is to see ourselves as supreme, and thereby repeat the sin of seeking to “be as gods” (Gen. 3:5). The first three essays of this volume were published in a small booklet in 1960 as a tribute to the thought of Dr. Cornelius Van Til, titled Van Til. The last four essays were written some time later and are published here for the first time.

Download or read book Reason in Law written by Lief H. Carter and published by University of Chicago Press. This book was released on 2016-03-04 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Newly updated ninth edition: “A superbly written, pedagogically rich, historically and conceptually informed introduction to legal reasoning.” —Law and Politics Book Review Over the decades it has been in print, Reason in Law has established itself as the place to start for understanding legal reasoning, a critical component of the rule of law. This ninth edition brings the book’s analyses and examples up to date, adding new cases while retaining old ones whose lessons remain potent. It examines several recent controversial Supreme Court decisions, including rulings on the constitutionality and proper interpretation of the Affordable Care Act and Justice Scalia’s powerful dissent in Maryland v. King. Also new to this edition are cases on same-sex marriage, the Voting Rights Act, and the legalization of marijuana. A new appendix explains the historical evolution of legal reasoning and the rule of law in civic life. The result is an indispensable introduction to the workings of the law.

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 The Limits of Human Rights written by Bardo Fassbender and published by Oxford University Press. This book was released on 2019-11-21 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights. Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.

Download or read book The Limits of International Law written by Jack L. Goldsmith and published by Oxford University Press. This book was released on 2005-02-03 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.

Download or read book The Common Law written by Oliver Wendell Holmes and published by . This book was released on 1909 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: