Download or read book Philosophical Problems in the Law written by David M. Adams and published by Wadsworth Publishing Company. This book was released on 1992 with total page 638 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book should be of interest to designed for introductory level philosophy of law or jurisprudence courses.
Download or read book Philosophy of Law written by Mark Tebbit and published by Psychology Press. This book was released on 2005 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Simultaneously published in the USA and Canada."
Download or read book Law and Economics written by Aristides N. Hatzis and published by Routledge. This book was released on 2015-02-11 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Economics approach to law dominates the intellectual discussion of nearly every doctrinal area of law in the United States and its influence is growing steadily throughout Europe, Asia, and South America. Numerous academics and practitioners are working in the field with a flow of uninterrupted scholarship that is unprecedented, as is its influence on the law. Academically every major law school in the United States has a Law and Economics program and the emergence of similar programs on other continents continues to accelerate. Despite its phenomenal growth, the area is also the target of an ongoing critique by lawyers, philosophers, psychologists, social scientists, even economists since the late 1970s. While the critique did not seem to impede the development of the field, it certainly has helped it to become more sophisticated, inclusive, and mature. In this volume some of the leading scholars working in the field, as well as a number of those critical of Law and Economics, discuss the foundational issues from various perspectives: philosophical, moral, epistemological, methodological, psychological, political, legal, and social. The philosophical and methodological assumptions of the economic analysis of law are criticized and defended, alternatives are proposed, old and new applications are discussed. The book is ideal for a main or supplementary textbook in courses and seminars on legal theory, philosophy of law, jurisprudence, and (of course) Law and Economics.
Download or read book Hate Speech Law written by Alex Brown and published by Routledge. This book was released on 2015-03-05 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hate speech law can be found throughout the world. But it is also the subject of numerous principled arguments, both for and against. These principles invoke a host of morally relevant features (e.g., liberty, health, autonomy, security, non-subordination, the absence of oppression, human dignity, the discovery of truth, the acquisition of knowledge, self-realization, human excellence, civic dignity, cultural diversity and choice, recognition of cultural identity, intercultural dialogue, participation in democratic self-government, being subject only to legitimate rule) and practical considerations (e.g., efficacy, the least restrictive alternative, chilling effects). The book develops and then critically examines these various principled arguments. It also attempts to de-homogenize hate speech law into different clusters of laws/regulations/codes that constrain uses of hate speech, so as to facilitate a more nuanced examination of the principled arguments. Finally, it argues that it is morally fitting for judicial and legislative judgments about the overall warrant of hate speech law to reflect principled compromise. Principled compromise is characterized not merely by compromise over matters of principled concern but also by compromise which is itself governed by ideals of moral duty or civic virtue (e.g., reciprocity, equality, and mutual respect). The Open Access version of this book, available at https://doi.org/10.4324/9781315714899, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Download or read book Philosophical Issues in Law written by Kenneth Kipnis and published by Prentice Hall. This book was released on 1977 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Force and Freedom written by Arthur Ripstein and published by Harvard University Press. This book was released on 2010-02-15 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
Download or read book Laws Mind and Free Will written by Steven Horst and published by MIT Press. This book was released on 2011-03-11 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: An account of scientific laws that vindicates the status of psychological laws and shows natural laws to be compatible with free will. In Laws, Mind, and Free Will, Steven Horst addresses the apparent dissonance between the picture of the natural world that arises from the sciences and our understanding of ourselves as agents who think and act. If the mind and the world are entirely governed by natural laws, there seems to be no room left for free will to operate. Moreover, although the laws of physical science are clear and verifiable, the sciences of the mind seem to yield only rough generalizations rather than universal laws of nature. Horst argues that these two familiar problems in philosophy—the apparent tension between free will and natural law and the absence of "strict" laws in the sciences of the mind—are artifacts of a particular philosophical thesis about the nature of laws: that laws make claims about how objects actually behave. Horst argues against this Empiricist orthodoxy and proposes an alternative account of laws—an account rooted in a cognitivist approach to philosophy of science. Horst argues that once we abandon the Empiricist misunderstandings of the nature of laws there is no contrast between "strict" laws and generalizations about the mind ("ceteris paribus" laws, laws hedged by the caveat "other things being equal"), and that a commitment to laws is compatible with a commitment to the existence of free will. Horst's alternative account, which he calls "cognitive Pluralism," vindicates the truth of psychological laws and resolves the tension between human freedom and the sciences.
Download or read book Philosophical Foundations of Language in the Law written by Andrei Marmor and published by OUP Oxford. This book was released on 2013-01-31 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together the best contemporary philosophical work in the area of intersection between philosophy of language and the law. Some of the contributors are philosophers of language who are interested in applying advances in philosophy of language to legal issues, and some of the participants are philosophers of law who are interested in applying insights and theories from philosophy of language to their work on the nature of law and legal interpretation. By making this body of recent work available in a single volume, readers will gain both a general overview of the various interactions between language and law, and also detailed analyses of particular areas in which this interaction is manifest. The contributions to this volume are grouped under three main general areas: The first area concerns a critical assessment, in light of recent advances in philosophy of language, of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, such as the various ways in which semantic content can differ from law's assertive content; the contribution of presuppositions and pragmatic implicatures in understanding what the law conveys; the role of vagueness in legal language, for example. The third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems, such as the legal definitions of inchoate crimes, the legal definition of torture, or the contractual doctrines concerning default rules. Together, these three key issues cover a wide range of philosophical interests in law that can be elucidated by a better understanding of language and linguistic communication.
Download or read book Readings in the Philosophy of Law written by John Arthur and published by Routledge. This book was released on 2001 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt: For sophomore/junior courses in Philosophy of Law. This anthology of classical and contemporary philosophical and legal essays and legal cases focuses on legal philosophy as its own subject rather than as an outgrowth of social or political philosophy or applied ethics. The essays focus on how law is organized and the particular philosophical issues that law raises. The book requires students to think through actual debates many of them still live in the courts.
Download or read book Philosophy of Law written by Andrei Marmor and published by Princeton University Press. This book was released on 2014-12-21 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal domain can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law.
Download or read book Law and Morality written by David Dyzenhaus and published by University of Toronto Press. This book was released on 2007-01-01 with total page 1095 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication and the contribution of feminist approaches to the philosophy of law. New material on the Chinese Canadian head tax case is also featured. The second part of Law and Morality deals with philosophical questions as they apply to contemporary issues. Excerpts from judicial decisions as well as essays by practicing lawyers are included to provide theoretically informed legal analyses of the issues. Striking a balance between practical and more analytic, philosophical approaches, the volume's treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. Law and Morality has proved to be an essential text in both departments of philosophy and faculties of law and this latest edition brings the debates fully up to date, filling gaps in the previous editions and adding to the array of contemporary issues previously covered.
Download or read book Philosophy of Law written by Mark Tebbit and published by Routledge. This book was released on 2017-01-20 with total page 575 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosophy of Law: An Introduction provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, Mark Tebbit quickly leads readers into the heart of the philosophical questions that dominate philosophy of law today. He provides an exceptionally wide-ranging overview of the contending theories that have sought to resolve these problems. He does so without assuming prior knowledge either of philosophy or law on the part of the reader. The book is structured in three parts around the key issues and themes in philosophy of law: What is the law? – the major legal theories addressing the question of what we mean by law, including natural law, legal positivism and legal realism. The reach of the law – the various legal theories on the nature and extent of the law’s authority, with regard to obligation and civil disobedience, rights, liberty and privacy. Criminal law – responsibility and mens rea, intention, recklessness and murder, legal defences, insanity and philosophies of punishment. This new third edition has been thoroughly updated to include assessments of important developments in philosophy and law in the early years of the twenty-first century. Revisions include a more detailed analysis of natural law, new chapters on common law and the development of positivism, a reassessment of the Austin–Hart dispute in the light of recent criticism of Hart, a new chapter on the natural law–positivist controversy over Nazi law and legality, and new chapters on criminal law, extending the analysis of the dispute over the viability of the defences of necessity and duress.
Download or read book A Companion to Philosophy of Law and Legal Theory written by Dennis Patterson and published by John Wiley & Sons. This book was released on 2010-01-15 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: The articles in this new edition of A Companion to Philosophy ofLaw and Legal Theory have been updated throughout, and theaddition of ten new articles ensures that the volume continues tooffer the most up-to-date coverage of current thinking inlegal philosophy. Represents the definitive handbook of philosophy of law andcontemporary legal theory, invaluable to anyone with an interest inlegal philosophy Now features ten entirely new articles, covering the areas ofrisk, regulatory theory, methodology, overcriminalization,intention, coercion, unjust enrichment, the rule of law, law andsociety, and Kantian legal philosophy Essays are written by an international team of leadingscholars
Download or read book Issues in Philosophy of Law written by Oladele Balogun and published by . This book was released on 1999 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Philosophy of International Law written by Samantha Besson and published by Oxford University Press. This book was released on 2010-04 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.
Download or read book The New Philosophy of Criminal Law written by Chad Flanders and published by Rowman & Littlefield. This book was released on 2015-12-16 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no more vivid example of a state’s power over its citizens than the criminal law. By criminalizing various behaviours, the state sets boundaries on what we can and cannot do. And the criminal law is in many ways unique in the harshness of its sanctions. But traditional criminal law theory has for too long focussed on the questions, “what is a crime?” and “what is the justification of punishment?” The significance of the criminal law extends beyond these questions; indeed, critical philosophical questions underlie all aspects of the criminal justice system. The criminal law engages us not just as offenders or potential offenders, but also as victims, suspects, judges and jurors, prosecutors and defenders—and as citizens. The authors in this volume go beyond traditional questions to challenge our conventional understandings of the criminal law. In doing so, they draw from a number of disciplines including philosophy, history, and social science.
Download or read book Encyclopedia of the Philosophy of Law and Social Philosophy written by Mortimer N. S. Sellers and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Updated content will continue to be published as 'Living Reference Works'"--Publisher.
