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 Fundamentals of Legal Argumentation written by Eveline T. Feteris and published by Springer. This book was released on 2017-07-10 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, Artificial Intelligence and law, and the pragma-dialectical theory of legal argumentation. Furthermore it provides an extensive and systematic overview of approaches and studies of legal argumentation in the context of legal justification in various legal systems and countries that have been important for the development of research of legal argumentation. The book contains a discussion of influential theories that conceive the law and legal justification as argumentative activity. From different disciplinary and theoretical angles it addresses such topics as the institutional characteristics of the law and the relation between general standards for moral discussions and legal standards such as the Rule of Law. It discusses patterns of legal justification in the context of different types of problems in the application of the law and it describes rules for rational legal discussions. The combination of the sound basis of the first edition and the discussions of new developments make this new edition an up-to-date 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 major approaches and trends in the contemporary research. It surveys the relevant theoretical factors both from various continental law traditions and common law countries.
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 Morality and Legal Positivism written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 2004 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents P. Capps: Positivism in Law and International Law D. von Daniels: Is Positivism a State Centered Theory? K. E. Himma: Legal Positivism's Conventionality Thesis and the Methodology of Conceptual Analysis R. Nunan: A Modest Rehabilitation of the Separability Thesis A. Oladosu: Choosing Legal Theory on Cultural Grounds: An African Case for Legal Positivism C. Orrego: Hart's Last Legal Positivism: Morality Might Be Objective; Legality Certainly is Not M. Pavcnik: Die (Un)Produktivitat der Positivistischen Jurisprudenz M. Haase: The Hegelianism in Kelsen's Pure Theory of Law S. Papaefthymiou: The House Kelsen Built U. J. Pak: Legal Practitioners' Need of Reflective Application of Legal Philosophy in Korea U. Schmill: Jurisprudence and the Concept of Revolution D. Venema: Judicial Discretion: a Necessary Evil? J. Baker: Rights, Obligations, and Duties, and the Intersection of Law, Conventions and Morals S. Bertea: Legal Systems' Claim to Normativity and the Concept of Law J. Dalberg-Larsen: On the Relevance of Habermas and Theories of Legal Pluralism for the Study of Environmental Law A. Philippopoulos-Mihalopoulos: A Connection of No-Connection in Luhmann and Derrida.
Download or read book Habermas on Law and Democracy written by Michel Rosenfeld and published by Univ of California Press. This book was released on 2023-12-22 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first essay, Habermas himself succinctly presents the centerpiece of his theory: his proceduralist paradigm of law. The following essays comprise elaborations, criticisms, and further explorations by others of the most salient issues addressed in his theory. The distinguished group of contributors—internationally prominent scholars in the fields of law, philosophy, and social theory—includes many who have been closely identified with Habermas as well as some of his best-known critics. The final essay is a thorough and lengthy reply by Habermas, which not only engages the most important arguments raised in the preceding essays but also further elaborates and refines some of his own key contributions in Between Facts and Norms. This volume will be essential reading for philosophers, legal scholars, and political and social theorists concerned with understanding the work of one of the leading philosophers of our age. These provocative, in-depth debates between Jürgen Habermas and a wide range of his critics relate to the philosopher's contribution to legal and democratic theory in his recently published Between Facts and Norms. Drawing upon his discourse theory, Habermas has elaborated a novel and powerful account of law that purports to bridge the gap between democracy and rights, by conceiving law to be at once self-imposed and binding.
Download or read book The Law in Philosophical Perspectives written by Luc J. Wintgens and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.
Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Enrico Pattaro and published by Springer Science & Business Media. This book was released on 2016-07-13 with total page 1952 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
Download or read book Law in its Own Right written by Henrik Olsen and published by Bloomsbury Publishing. This book was released on 2000-01-01 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: What,precisely, is the relationship between legality and morality? Does legal validity rest upon moral validity? Are legal obligations moral obligations? For some years now schools of jurisprudential Naturalism and Positivism have become increasingly ambiguous in their responses to these questions. Olsen and Toddington argue that equivocation on the central issue here - that of obligation - has brought legal theory to the point where leading legal positivists and natural lawyers no longer retain significant differences. Instead, they allege, we are left with the remnants of what has always been, philosophically, a phoney war. The authors of this lucid and refreshing analysis of the concept of law, arguing from the perspectives of social science and political philosophy, show that jurisprudence must acknowledge that the political, the moral, and the legal are located within a continuum of practical reason, and that law's 'autonomy' from morality can not entail its 'separation' from it.
Download or read book Varieties of Multiple Modernities written by and published by BRILL. This book was released on 2015-11-24 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: To date, the nascent consequential notion of ‘multiple modernities’ has been predominately grounded in historical research with the purpose of validating the theory. Yet, the notion of multiple modernities represents a radical transformation in the way modernity and, indeed, the contemporary world is viewed. As such, the central aim of this volume is to explore the implications and hidden understanding of the multiple modernities research project beyond historical analysis in order to investigate its wide ranging omnipresent implications as they exist in communication and in the social order of societal membership in contemporary societies. This volume collects new research about multiple modernities and globalization. It shows the new turn of sociological theory in the contemporary scene with respect to multiple modernities, multi-centrism, transglobality, hybridization and multiculturalism, and explores it as a new area of societal communication – one that takes effect in the sectors of a global society as a ‘society of societies’. The studies in this book converge to demonstrate that the route of Western modernization, its cultural program and its institutional structure, does not follow the pathway of modernization that we have thus far observed in the emerged new area. Rather, the continuation of the multiple modernities research program is given a new design, researching the social structure and dynamic of postmodern societies, their exchange and the debate about the flow of free resources. But the studies are also evidence that the sociological theory has no normative foundation. Contributors are: Mehdi P. Amineh, Barrie Axford, Eliezer Ben-Rafael, Shmuel N. Eisenstadt, Mark Jarzombek, Werner Krawietz, Judit Bokser Liwerant, Manussos Marangudakis, Jan Nederveen Pieterse, Gerhard Preyer, Roland Robertson, Luis Roniger, Yitzhak Sternberg, and Michael Sussman.
Download or read book MacCormick s Scotland written by Neil Walker and published by Edinburgh University Press. This book was released on 2012-03-26 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Gedenkschrift to one of Scotland's most prominent jurists and legal thinkers.
Download or read book Understanding Law in Society written by Knut Papendorf and published by LIT Verlag Münster. This book was released on 2011 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sociology of law has made impressive progress over the last decades. The present volume brings together scholars from Austria, Britain, Germany and Scandinavia to discuss major developments. The book starts with analyses of the sociology of law advanced by the most outstanding theorists in the field, Max Weber and Niklas Luhmann. Their legacy is assessed by Hubert Treiber, Frank Welz and Inger-Johanne Sand. Next, Hakan Hyden emphases the gain sociology of law could have from a stronger focus on norms. Armin Holand and Ole Hammerslev ask about the effects courts have. Klaus F. Rohl provides an international overview on "alternatives of law", one of the main topics of socio-legal studies since the 1960s. The final article by Stefan Machura in this volume addresses the media's impact on the public's perception of the legal system.
Download or read book The Cambridge Companion to Habermas written by Stephen K. White and published by Cambridge University Press. This book was released on 1995-04-28 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurgen Habermas is unquestionably one of the foremost philosophers writing today. His notions of communicative action and rationality have exerted a profound influence within philosophy and the social sciences. This volume examines the historical and intellectual contexts out of which Habermas' work emerged, and offers an overview of his main ideas, including those in his most recent publication. Amongst the topics discussed are his relationship to the Frankfurt School of critical theory and Marx, his unique contributions to the philosophy of the social sciences, the concept of 'communicative ethics', and the critique of post-modernism. New readers and non-specialists will find this the most convenient, accessible guide to Habermas currently available. Advanced students will find a conspectus of recent developments in the interpretation of Habermas.
Download or read book Knowledge and Action written by Peter Meusburger and published by Springer. This book was released on 2017-01-11 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores interdependencies between knowledge, action, and space from different interdisciplinary perspectives. Some of the contributors discuss knowledge as a social construct based on collective action, while others look at knowledge as an individual capacity for action. The chapters contain theoretical frameworks as well as experimental outcomes. Readers will gain insight into key questions such as: How does knowledge function as a prerequisite for action? Why are knowledge gaps growing and not diminishing in a knowledge society? How much knowledge is necessary for action? How do various types of knowledge influence the steps from cognition to action? How do different representations of knowledge shape action? What impact have spatial conditions for the formation of knowledge? What is the relationship between social and geographical space? The contributors consider rationality in social and economic theories as well as in everyday life. Attention is also given to action theoretic approaches and rationality from the viewpoints of psychology, post-structuralism, and human geography, making this an attractive book for students, researchers and academics of various backgrounds. This book is open access under a CC BY 4.0 license.
Download or read book Law Justice and the State Nordic perspectives written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 1995 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Proceedings of the 16th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR), Reykjavík, 26 May-2 June, 1993."--T.p.
Download or read book Kant on Freedom and Rational Agency written by Markus Kohl and published by Oxford University Press. This book was released on 2023-07-06 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kant on Freedom and Rational Agency provides a novel interpretation and rational reconstruction of Kant's doctrine of freedom. Markus Kohl shows how Kant defends the belief that we are free from foreign (natural and super-natural) causes as a presupposition of all meaningful human activity. While this interpretation focuses on the essential role that freedom of will plays in our moral agency, it also examines how our status as rational cognitive agents hinges on our freedom of thought, and why our aesthetic engagement with beauty requires our freedom of imagination. Kohl thereby gives a compelling sense of Kant's estimation that freedom is a "cardinal point"--even the "keystone"--of his entire critical philosophy. Kant's doctrine of freedom emerges in this account as a systematic critique of a naturalistic worldview which regards all our capacities, representations, and actions as the causal upshot of natural laws and forces. Kant holds that the naturalistic worldview fatally undermines our self-conception as rational agents. This critique of naturalism culminates in the argument that naturalistic cognizers cannot explain away our freedom from natural forces because they must presuppose such a freedom in their own cognitive efforts to devise rationally valid naturalistic theories.
Download or read book The Foundations of Christian Bioethics written by Hugo Tristram Engelhardt and published by Taylor & Francis. This book was released on 2000 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades, Engelhardt has alluded to the ethics that binds moral friends. While his 'Foundations of Bioethics' explored the sparse ethics binding moral strangers, this long-awaited volume addresses the morality at the foundations of Christian bioethics. The volume opens with an analysis of the marginalization of Christian bioethics in the 1970s and the irremedial shortcomings of secular ethics in general. Drawing on the Christianity of the first millennium, Engelhardt provides the ontological and epistemological foundations for a Christian bioethics that can remedy the onesidedness of a secular bioethics and supply the bases for a Christian bioethics. The volume then addresses issues from abortion, third-party-assisted reproduction, and cloning, to withholding and withdrawing treatment, physician-assisted suicide, and euthanasia. Practices such as free and informed consent are relocated within a traditional Christian morality. Attention is also given to the allocation of scarce resources in health care, and to the challenge of maintaining the Christian identity of physicians, nurses, patients, and health care institutions in a culture that is now post-Christian.
Download or read book Essays on the Doctrinal Study of Law written by Aulis Aarnio and published by Springer Science & Business Media. This book was released on 2011-07-10 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays on the Doctrinal Study of Law is a summary of the author’s 40 years of research in the fields of civil law and the philosophy of law. The main focus is on the two main tasks in the doctrinal study of law: the interpretation and systematisation of legal norms. In this regard, Professor Aarnio deals with the theory of argumentation as well as with its foundations - i.e., with the ontology, epistemology and methodology of legal thinking - and develops the ideas that were first presented in The Rational as Reasonable (Kluwer 1987) in all of these dimensions. The work includes an updated discussion on the writings of Robert Alexy, Jûrgen Habermas, Ronald Dworkin and Alf Ross. A focal point of view concerns the distinction between positivism and non-positivism, in which the core of the criticism focuses on Scandinavian realism.
