Download or read book Legal Reductionism and Freedom written by Martin V.B.P.M. van Hees and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Martin van Hees presents a new approach to the study of law - legal reductionism - which combines elements of legal positivism, new institutionalism and decision theory. From legal positivism Van Hees derives some fundamental insights into the nature of legal systems, but he also revises some of its key tenets. He argues that law can be reduced to facts; moreover, he re-establishes the relation between law and morality by arguing that law and positive morality are inherently related. He subsequently uses decision-theoretic tools to develop and defend his reductionist methodology. The second part of the study applies the resulting approach to an analysis of legal freedom. By showing that legal reductionism allows us to analyse the value of liberal legal systems, Van Hees makes a forceful case for including the study of law in moral and political philosophy. The book is accessible to a wide readership, including legal and moral philosophers, political theorists and social scientists.
Download or read book Law Order and Freedom written by C.W. Maris and published by Springer Science & Business Media. This book was released on 2011-09-08 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central question in legal philosophy is the relationship between law and morality. The legal systems of many countries around the world have been influenced by the principles of the Enlightenment: freedom, equality and fraternity. The position is similar in relation to the accompanying state ideal of the democratic constitutional state as well as the notion of a welfare state. The foundation of these principles lies in the ideal of individual autonomy. The law must in this view guarantee a social order which secures the equal freedom of all. This freedom is moreover fundamental because in modern pluralistic societies a great diversity of views exist concerning the appropriate way of life. This freedom ideal is however also strongly contested. In Law, Order and Freedom, a historical overview is given pertaining to the question of the extent to which the modern Enlightenment values can serve as the universal foundation of law and society.
Download or read book The Quality of Freedom written by Matthew H. Kramer and published by . This book was released on 2008 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: At least since the publication of Isaiah Berlin's famous essay "Two Concepts of Liberty" nearly half a century ago, political philosophers have argued vigorously over the relative merits of "positive" and "negative" accounts of freedom. Matthew Kramer writes squarely within the negative-liberty tradition, but he incorporates a number of ideas that are quite often associated with theories of positive liberty. Much of The Quality of Freedom is devoted to elaborating the necessary and sufficient conditions for the existence of particular freedoms and unfreedoms; however, the book's cardinal objective is to establish the measurability of each person's overall freedom and of each society's aggregate freedom. On the one hand, Kramer contends that the existence of any particular instance of liberty or unfreedom is a matter of fact that can be confirmed or disconfirmed without any reliance on evaluative or normative considerations. On the other hand, he argues that the extent of each person's overall freedom or unfreedom cannot be ascertained entirely in the absence of evaluative assumptions. By combining those two positions and developing them in detail, Kramer pits himself against all positive accounts of liberty and most negative accounts. In the course of so doing, he aims to demonstrate the rigorous measurability of overall liberty--something that many writers on freedom have casually dismissed as impossible. Although Kramer concentrates principally on constructing a systematic analysis of sociopolitical freedom, he engages critically with the work of many of the leading contemporary writers on the topic.
Download or read book Freedom and the Law written by Bruno Leoni and published by Princeton, N.J. : Van Nostrand. This book was released on 1961 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Business of Liberty written by Boudewijn de Bruin and published by Oxford University Press. This book was released on 2022 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two key arguments for the value of freedom are that freedom contributes to desire satisfaction and to personal responsibility. But what if we do not know about our freedoms? Or if we do not acknowledge each other's freedoms? This book shows that what is really of value are the ideals of known freedom and acknowledged freedom. The book demonstrates the importance of these two ideals in many contexts, including neuromarketing, skilled work, discrimination, education, environments with stereotype threats, informed consent, consumer protection, socially responsible investing, climate-related financial disclosure, law, professional oaths, freedom of speech, and privacy. To argue that known freedom is crucial to satisfy our desires and assume responsibility, the book combines work in psychology on choice with work in philosophy on the value of knowledge. It is shown that known freedom is compromised when salespeople deploy consumer obfuscation or when news shows use contextual framing techniques to steer the way their audiences will process the information. And it is shown how carefully developed consumer protection and information disclosure regulation can foster known freedom. Using insights from economics and ethics, the book argues that acknowledged freedom offers protection to our freedoms. It makes our freedoms more stable. Acknowledged freedom embodies an ideal of mutual recognition that underlies informed consent and the ethics of communication, and can also contribute to a flourishing corporate culture. Most books discuss either freedom or knowledge. This unique book shows that when we think about the value of freedom, we should think about the value of knowledge too.
Download or read book Legal Monism written by Paul Gragl and published by Oxford University Press. This book was released on 2018 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In response to a climate in which respect for international law and the law of the European Union is rapidly losing ground, Paul Gragl advocates for the revival of legal monism as a solution to potentially irresolvable normative conflicts between different bodies of law. In this first comprehensive monograph on the theory as envisaged by the Pure Theory of Law of the Vienna School of Jurisprudence, the author defends legal monism against the competing theories of dualism and pluralism. Drawing on philosophical, epistemological, legal, moral, and political arguments, this book argues that only monism under the primacy of international law takes the law and the concept of legal validity seriously. On a practical level, it offers policy-makers and decision-makers methods of dealing with current problems and a means to restore respect for international law and peaceful international relations. While having the potential to revive and elicit further interest and research in monism and the Pure Theory of Law, the comprehensiveness and scope of the book also make it a choice text for inter-disciplinary scholars.
Download or read book Constitutionalism and Legal Reasoning written by Massimo La Torre and published by Springer Science & Business Media. This book was released on 2007-04-10 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book of legal philosophy contends that positive law is better understood if it is not too easily equated with power, force, or command. Law is more a matter of discourse and deliberation than of sheer decision or of power relations. Here is thought-provoking reading for lawyers, advocates, scholars of jurisprudence, students of law, philosophy and political science, and general readers concerned with the future of the constitutional state.
Download or read book Studies in Legal Logic written by Jaap Hage and published by Springer Science & Business Media. This book was released on 2006-03-30 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in Legal Logic is a collection of nine interrelated papers about the logic, epistemology and ontology of law. All of the papers were written after the publication of the author’s Reasoning with Rules and supplement the issues addressed therein. Some of the papers are new; others have been revised substantially after the publication of their original versions. The emphasis is on analysis, not on logical technicalities. Studies in Legal Logic contains chapters about the nature of norms, the role of coherence in the law, the nature of defeasibility, the role of dialectics in law and artificial intelligence, the statics and dynamics of the law, and the consistency of rules. Moreover, it contains a new, simplified and yet more powerful version of Reason-based Logic and extensive examples of how it can be used for the analysis of legal reasoning. The examples deal with legal theory construction, case-based reasoning, and judicial proof.
Download or read book Oxford Studies in Political Philosophy written by David Sobel and published by Oxford University Press. This book was released on 2015 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the inaugural volume of 'Oxford Studies in Political Philosophy'. The series aims to publish some of the best contemporary work in the vibrant field of political philosophy and its closely related subfields, including jurisprudence, normative economics, political theory in political science departments, and just war theory.
Download or read book Law as Symbolic Form written by Deniz Coskun and published by Springer Science & Business Media. This book was released on 2007-07-17 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the rule of law as the reign of persuasion rather than the reign of force, and democracy as the reign by persuasion rather than the reign by force. It synthesizes a vast amount of current Cassirer-literature and makes a contribution to jurisprudence. The book is the first systematic elaboration on law as a symbolic form and it sheds new light on a still dark area of intellectual and jurisprudential thought.
Download or read book Religious Freedom and Religious Pluralism in Africa written by Pieter Coertzen and published by AFRICAN SUN MeDIA. This book was released on 2016-05-22 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÿAfrica continues to be a region with strong commitments to religious freedom and religious pluralism. These, however, are rarely mere facts on the ground ? they are legal, political, social, and theological projects that require considerable effort to realise. This volume ? compiling the proceedings of the third annual conference of the African Consortium for Law and Religion Studies ? focuses on various issues which vastly effect the understanding of religious pluralism in Africa. These include, amongst others, religious freedom as a human right, the importance of managing religious pluralism, and the permissibility of religious practice and observance in South African public schools.
Download or read book The Rule of Law History Theory and Criticism written by Pietro Costa and published by Springer Science & Business Media. This book was released on 2007-05-06 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.
Download or read book Law s Judgement written by William Lucy and published by Bloomsbury Publishing. This book was released on 2017-07-27 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law's Judgement elucidates and defends a feature of contemporary law that is currently either overlooked or too glibly dismissed as morally troublesome or historically anachronistic. That feature is the abstract nature of law's judgement and its three components show that, when law judges us, it often does so in ignorance of our particular characters and abilities, on the one hand, and in ignorance of our context and circumstances, on the other. Law's judgement is thus insensitive to all or much that makes us the particular people we are. The book explores various connections between this mode of judgement and some of our most important legal and political values. It shows that law's abstract judgement is closely related to important juristic conceptions of personhood, responsibility and impartiality, and that these notions are not without moral significance. The book also examines the connections between modern law's judgement and three of our most important political values, namely, dignity, equality and community. It argues that, if we value particular conceptions of dignity, equality and community, then we must also value law's judgement. Illuminating these connections therefore serves a double purpose: first, it makes a case against those who counsel liberation from law's abstract judgement and, second, it redirects attention to the task of morally evaluating law's abstract judgement in its own terms.
Download or read book Positive Freedom and the Law written by Kim Treiger-Bar-Am and published by Routledge. This book was released on 2019-07-25 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains why we should stop thinking of freedom as limited to a right to be left alone. It explores how Kantian philosophy and Jewish thought instead give rise to a concept of positive freedom. At heart, freedom is inextricably linked to the obligation to respect the autonomy and dignity of others. Freedom thus requires relationships with others and provides an important source of meaning in liberal democratic societies. While individualism is said to foster detachment, positive freedom fosters relations. Moving from moral theory to law, duties are seen as intrinsic to rights. The book considers test cases involving the law of expression, regarding authorial rights and women's prayer at Jerusalem's holy site of the Western Wall. Affirmative duties of respect are essential. Rights held by copyright owners require that all authors – including so-called users – are shown respect. Moreover, rights held by the authorities at the Western Wall require that all worshippers – including those whose interpretation of Jewish law differs from that adopted by the authorities – are respected.
Download or read book Toward Freedom written by Toure Reed and published by Verso Books. This book was released on 2020-02-25 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The most brilliant historian of the black freedom movement” reveals how simplistic views of racism and white supremacy fail to address racial inequality—and offers a roadmap for a more progressive, brighter future (Cornel West, author of Race Matters). The fate of poor and working-class African Americans—who are unquestionably represented among neoliberalism’s victims—is inextricably linked to that of other poor and working-class Americans. Here, Reed contends that the road to a more just society for African Americans and everyone else is obstructed, in part, by a discourse that equates entrepreneurialism with freedom and independence. This, ultimately, insists on divorcing race and class. In the age of runaway inequality and Black Lives Matter, there is an emerging consensus that our society has failed to redress racial disparities. The culprit, however, is not the sway of a metaphysical racism or the modern survival of a primordial tribalism. Instead, it can be traced to far more comprehensible forces, such as the contradictions in access to New Deal era welfare programs, the blinders imposed by the Cold War, and Ronald Reagan's neoliberal assault on the half-century long Keynesian consensus.
Download or read book Legal Institutions written by D.W. Ruiter and published by Springer Science & Business Media. This book was released on 2013-03-14 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on his contributions to institutional legal theory in Institutional Legal Facts of 1993 (Law and Philosophy Library, volume 18), the author presents a comprehensive theory of legal institutions. To that end, the initial theoretical approach, which mainly concentrated on problems connected with legal powers and legal acts (acts-in-law), is widened to allow for the development of a theory of legal judgements capable of accounting not only for enacted but also unwritten law (legal principles and customary law). With the use of the concept of institutional legal facts, the structure of legal institutions is analyzed in detail. In addition to that, a classification of legal institutions is provided. Extensive attention is given to logical, as well as doctrinal problems connected with a conception of legal validity as the mode of existence of legal conditions rather than as a value of legal norms similar to the truth of propositions. The study results in an elaborate conceptual framework for institutional analysis of positive law. In a final chapter the analytical potential of the framework is put to the test by applying it to the branch of public international law known as the `law of treaties'. Readership: Specialists in legal theory and lawyers interested in theoretical issues, particularly in linguistic approaches and questions related to the institutional nature of law.
Download or read book On the Interpretation of Treaties written by Ulf Linderfalk and published by Springer Science & Business Media. This book was released on 2007-09-11 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. As stated by the anonymous referee, it is the most theoretically advanced and analytically refined work yet accomplished on this topic. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.
