Download or read book Phenomenology of Law and Normativity written by Panos Theodorou and published by Springer Nature. This book was released on with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Normativity and Phenomenology in Husserl and Heidegger written by Steven Crowell and published by Cambridge University Press. This book was released on 2013-04-25 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrates how phenomenology constructively addresses problems in philosophy of mind, moral psychology and philosophy of action.
Download or read book The Phenomenology of Moral Normativity written by William H. Smith and published by Routledge. This book was released on 2013-02-28 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why should I be moral? Philosophers have long been concerned with the legitimacy of morality’s claim on us—especially its ostensible aim to motivate certain actions of all persons unconditionally. This problem of moral normativity has received extensive treatment in analytic moral theory, but little attention has been paid to the potential contribution that phenomenology might make to this central debate in metaethics. In The Phenomenology of Moral Normativity, William H. Smith takes up the question of morality’s legitimacy anew, drawing contemporary moral philosophers into conversation with the phenomenological philosophy of Husserl, Heidegger, and Levinas. Utilizing a two-part account of moral normativity, Smith contends that the ground of morality itself is second-personal—rooted in the ethical demand intrinsic to other persons —while the ground for particular moral-obligations is first-personal—rooted in the subject’s avowal or endorsement of certain moral norms within a concrete historical situation. Thus, Smith argues, phenomenological analysis allows us to make sense of an idea that has long held intuitive appeal, but that modern moral philosophy has been unable to render satisfactorily: namely, that the normative source of valid moral claims is simply other persons and what we owe to them.
Download or read book Phenomenology of Law and Normativity written by Panos Theodorou and published by Springer. This book was released on 2024-10-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the widespread, mainstream take on the philosophy of law, this collected volume fills an important scholarly gap by introducing a phenomenological account of some of the major questions and themes of jurisprudence such as rights and norms. This volume argues that wherever there is a demand for grounding normativity, the phenomenological method can provide a priori—albeit corrigible—access to essential truths, with reference to beings and their social relationships. The present work reflects upon the place and potential impact on the theory of law and normativity stemming from the phenomenology of Edmund Husserl—largely overlooked by legal philosophers and legal theorists. Further coverage contains those who have built upon these ideas of Husserl such as Martin Heidegger, Alfred Schutz, Edith Stein, Emmanuel Levinas, and Adolf Reinach. This text addresses new issues and questions from the general perspective of the phenomenology of law. It is a response to those critical of phenomenology by presenting sober arguments in support of its potential for achieving a deeper grasp of legal normative concepts such as rights, claims, obligations, promises, and apologies. Boundaries between law and morality as well as legal and social ontologies are approached from a phenomenological perspective. It appeals to students, researchers, and professionals working in phenomenology, ethics, legal philosophy, and human rights theory and practice.
Download or read book Hegel s Theory of Normativity written by Kevin Thompson and published by Northwestern University Press. This book was released on 2019-05-15 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hegel’s Elements of the Philosophy of Right offers an innovative and important account of normativity, yet the theory set forth there rests on philosophical foundations that have remained largely obscure. In Hegel’s Theory of Normativity, Kevin Thompson proposes an interpretation of the foundations that underlie Hegel’s theory: its method of justification, its concept of freedom, and its account of right. Thompson shows how the systematic character of Hegel’s project together with the metaphysical commitments that follow from its method are essential to secure this theory against the challenges of skepticism and to understand its distinctive contribution to questions regarding normative justification, practical agency, social ontology, and the nature of critique.
Download or read book Husserl and Heidegger written by Timothy J. Stapleton and published by State University of New York Press. This book was released on 1984-06-30 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The phenomenology of Edmund Husserl has decisively influenced much of contemporary philosophy. Yet Husserl's philosophy has come under such criticism that today it is viewed as little more than a historical relic. One of the most important and influential critiques of Husserl's transcendental phenomenology was launched by Martin Heidegger in Being and Time, which radically reinterpreted phenomenology. Timothy Stapleton returns to the origin of phenomenology to provide a clear, concise perspective on where it has been and on where it ought to be heading. This book is a careful reexamination of the internal development of Husserl's thought as well as of the ways in which Heidegger used and transformed the phenomenological method. It begins with an interpretation of the "transcendental" dimension of Husserl's philosophy, stressing the importance of the ontological rather than the epistemological problematic in determining the unfolding of Husserlian thought. The work progresses to an account of Heidegger's early works, viewed as a radicalization of Husserl's phenomenology both in name and substance. Stapleton concludes by contrasting a transcendental origin with a hermeneutic beginning point in terms of their respective ideals of intelligibility, meaning, and being; and then looks at some of the consequences of the idea of a hermeneutic philosophy.
Download or read book Concepts of Normativity Kant or Hegel written by and published by BRILL. This book was released on 2019-08-12 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The influence of Kant’s understanding of morality is too strong to be ignored. Hegel, however, fundamentally criticized Kant for offering merely a ‘formal’ model of normativity that cannot sufficiently comprehend human action as free. Instead, Hegel argues in his doctrine of ethical life (Sittlichkeit) that the embeddedness of the acting subject must be taken into account when identifying normativity. Yet the issue of normativity in Kant and Hegel remains contested even today, not least due to the misunderstandings of their conceptions of the topic. The present volume explores developments within recent scholarship which enable a better understanding of the concept of normativity in the thought of Kant and Hegel.
Download or read book Normativity and Power written by Rainer Forst and published by Oxford University Press. This book was released on 2017-10-20 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Humans are justificatory beingsthey offer, demand, and require justifications. The rules and institutions they follow rest on justification narratives that have evolved over time and, taken together, constitute a dynamic and tension-laden normative order. In this collection of essays, the first translation into English of the ground-breaking Normativität und Macht (Suhrkamp 2015), Rainer Forst presents a new approach to critical theory. Each essay reflects on the basic principles that guide our normative thinking. Forst's argument goes beyond 'ideal' and 'realist' theories and shows how closely the concepts of normativity and power are interrelated, and how power rests on the capacity to influence, determine, and possibly restrict the space of justifications for others. By combining insights from the disciplines of philosophy, history, and the social sciences, Forst re-evaluates theories of justice, as well as of power, and provides the tools for a critical theory of relations of justification.
Download or read book The Sources of Normativity written by Christine M. Korsgaard and published by Cambridge University Press. This book was released on 1996-06-28 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ethical concepts are, or purport to be, normative. They make claims on us: they command, oblige, recommend, or guide. Or at least when we invoke them, we make claims on one another; but where does their authority over us - or ours over one another - come from? Christine Korsgaard identifies four accounts of the source of normativity that have been advocated by modern moral philosophers: voluntarism, realism, reflective endorsement, and the appeal to autonomy. She traces their history, showing how each developed in response to the prior one and comparing their early versions with those on the contemporary philosophical scene. Kant's theory that normativity springs from our own autonomy emerges as a synthesis of the other three, and Korsgaard concludes with her own version of the Kantian account. Her discussion is followed by commentary from G. A. Cohen, Raymond Geuss, Thomas Nagel, and Bernard Williams, and a reply by Korsgaard.
Download or read book Legal Thought and Philosophy written by Bert van Roermund and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis book proves to be an excellent guide through the labyrinth of law. Its crucial point is legal order viewed from the perspective of a situated ÒWeÓ. Jurisprudence appears as an implicit sort of thinking, embedded in moral, political, epistemological, and linguistic contexts. Numerous example cases lead us from everyday issues to the abysses of violence. Anyone who practises or studies law will highly profit from reading this book. One sees how law functions by being more than mere law.Õ Ð Bernhard Waldenfels, Ruhr-University Bochum, Germany Legal Thought and Philosophy clarifies background questions in legal research projects, such as the relationship between law and justice, law and politics, law and knowledge, facts and norms, normativity and validity, constituent and constitutional power, and rule and context. It provides advanced students in law and philosophy with an account of legal thinking that combines analytical and phenomenological insights. From a conception of justice as principled political self-restraint, the book explains why there are moral reasons to separate law from morality conceptually and in what sense a legal order is positive Ð that is, set by authority and bound up with history. The book explores the conditions under which law may become an object of knowledge and theorizing, before finally discussing how these features come together in law as rule-following by citizens, officials, judges, and legislators alike. Addressing advanced students in law and philosophy, this key book: ¥ bridges separate traditions in legal philosophy (in particular analytical philosophy and phenomenology) ¥ develops a view of law as an institution of authority from a conception of justice in the socio-political relationship between ÔweÕ and Ôthe othersÕ ¥ presents a systematic account of normativity and validity ¥ explains in what sense law is Ôdoing things with rulesÕ.
Download or read book Social Ontology Normativity and Law written by Miguel Garcia-Godinez and published by Walter de Gruyter GmbH & Co KG. This book was released on 2020-07-06 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the proceedings of the Social Ontology, Normativity, and Philosophy of Law conference, which took place on May 30–31, 2019 at the University of Glasgow. At the invitation of the Social Ontology Research Group, a panel of prominent scholars shed light on normativity from the perspective of social ontology and the philosophy of law.
Download or read book Problems of Normativity Rules and Rule Following written by Michał Araszkiewicz and published by Springer. This book was released on 2014-11-07 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the problems of rules, rule-following and normativity as discussed within the areas of analytic philosophy, linguistics, logic and legal theory. Divided into four parts, the volume covers topics in general analytic philosophy, analytic legal theory, legal interpretation and argumentation, logic as well as AI& Law area of research. It discusses, inter alia, “Kripkenstein’s” sceptical argument against rule-following and normativity of meaning, the role of neuroscience in explaining the phenomenon of normativity, conventionalism in philosophy of law, normativity of rules of interpretation, some formal approaches towards rules and normativity as well as the problem of defeasibility of rules. The aim of the book is to provide an interdisciplinary approach to an inquiry into the questions concerning rules, rule-following and normativity.
Download or read book Phenomenology of Plurality written by Sophie Loidolt and published by Routledge. This book was released on 2017-09-22 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2018 Edwin Ballard Prize awarded by the Center for Advanced Research in Phenomenology This book develops a unique phenomenology of plurality by introducing Hannah Arendt’s work into current debates taking place in the phenomenological tradition. Loidolt offers a systematic treatment of plurality that unites the fields of phenomenology, political theory, social ontology, and Arendt studies to offer new perspectives on key concepts such as intersubjectivity, selfhood, personhood, sociality, community, and conceptions of the "we." Phenomenology of Plurality is an in-depth, phenomenological analysis of Arendt that represents a viable third way between the "modernist" and "postmodernist" camps in Arendt scholarship. It also introduces a number of political and ethical insights that can be drawn from a phenomenology of plurality. This book will appeal to scholars interested in the topics of plurality and intersubjectivity within phenomenology, existentialism, political philosophy, ethics, and feminist philosophy.
Download or read book Heidegger on Concepts Freedom and Normativity written by Sacha Golob and published by Cambridge University Press. This book was released on 2014-01-16 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a fundamentally new account of the arguments and concepts which define Heidegger's early philosophy, and locates them in relation to both contemporary analytic philosophy and the history of philosophy. Drawing on recent work in the philosophy of mind and on Heidegger's lectures on Plato and Kant, Sacha Golob argues against existing treatments of Heidegger on intentionality and suggests that Heidegger endorses a unique position with respect to conceptual and representational content; he also examines the implications of this for Heidegger's views on truth, realism and 'being'. He goes on to explore Heidegger's work on the underlying issue of normativity, and focuses on his theory of freedom, arguing that it is freedom that links the existential concerns of Being and Time to concepts such as reason, perfection and obligation. His book offers a distinctive new perspective for students of Heidegger and the history of twentieth-century philosophy.
Download or read book Kant s Defense of Common Moral Experience written by Jeanine Grenberg and published by Cambridge University Press. This book was released on 2013-07-18 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that everything important about Kant's moral philosophy emerges from common human experience of the conflict between happiness and morality.
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 Normativity and Phenomenology in Husserl and Heidegger written by Steven Crowell and published by Cambridge University Press. This book was released on 2013-04-25 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Steven Crowell has been for many years a leading voice in debates on twentieth-century European philosophy. This volume presents thirteen recent essays that together provide a systematic account of the relation between meaningful experience (intentionality) and responsiveness to norms. They argue for a new understanding of the philosophical importance of phenomenology, taking the work of Husserl and Heidegger as exemplary, and introducing a conception of phenomenology broad enough to encompass the practices of both philosophers. Crowell discusses Husserl's analyses of first-person authority, the semantics of conscious experience, the structure of perceptual content, and the embodied subject, and shows how Heidegger's interpretation of the self addresses problems in Husserl's approach to the normative structure of meaning. His volume will be valuable for upper-level students and scholars interested in phenomenological approaches to philosophical questions in both the European and the analytic traditions.
