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 Philosophical Problems in the Law written by David M. Adams and published by Cengage Learning. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: PHILOSOPHICAL PROBLEMS IN THE LAW is the perfect introduction to the philosophy of law. This collection of articles and cases helps you consider philosophical problems associated with the law through examples, case studies, and decision scenarios. Case examples and recent decisions such as Boumediene v. Bush (rights of Guantanamo detainees) and Brown v. Entertainment Merchants Association (freedom of expression and violent video games) coupled with new readings help you see the real-world relevance of what you are learning.
Download or read book Philosophical Problems in the Law written by and published by Wadsworth Publishing Company. This book was released on 2000 with total page 1332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This excellent collection of topically organized articles with chapter introductions, cases for further reflection, and end of chapter glossaries provides an accessible yet philosophically honest and balanced introduction to the philosophy of law.
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 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 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 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 Philosophical Problems written by Peter Alward and published by Broadview Press. This book was released on 2017-11-02 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peter Alward’s rigorous introductory text functions as a roadmap for students, laying out the key issues, positions, and arguments of academic philosophy. The book covers central topics in metaphysics, epistemology, ethics, and political philosophy. An introductory chapter presents the foundations of philosophical discourse and offers a primer on the basics of logic. Those argumentative tools are then employed to address classic philosophical issues such as the relationship between body and mind, skepticism, the possibility of free will, and the existence of God. Later chapters engage issues of morality, justice, and liberty, as well as moral questions concerning abortion and the practice of punishment. Throughout, Alward aims for clarity, providing summaries, diagrams, and reflective questions to assist the student reader.
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 Artistic License written by Darren Hudson Hick and published by University of Chicago Press. This book was released on 2017-04-26 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The art scene today is one of appropriation—of remixing, reusing, and recombining the works of other artists. From the musical mash-ups of Girl Talk to the pop-culture borrowings of Damien Hirst and Jeff Koons, it’s clear that the artistic landscape is shifting—which leads to some tricky legal and philosophical questions. In this up-to-date, thorough, and accessible analysis of the right to copyright, Darren Hudson Hick works to reconcile the growing practice of artistic appropriation with innovative views of artists’ rights, both legal and moral. Engaging with long-standing debates about the nature of originality, authorship, and artists’ rights, Hick examines the philosophical challenges presented by the role of intellectual property in the artworld and vice versa. Using real-life examples of artists who have incorporated copyrighted works into their art, he explores issues of artistic creation and the nature of infringement as they are informed by analytical aesthetics and legal and critical theory. Ultimately, Artistic License provides a critical and systematic analysis of the key philosophical issues that underlie copyright policy, rethinking the relationship between artist, artwork, and the law.
Download or read book Philosophical Foundations of Criminal Law written by R. A. Duff and published by OUP Oxford. This book was released on 2013-01-24 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world. Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.
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 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 Philosophy Law and the Family written by Laurence D. Houlgate and published by Springer. This book was released on 2017-01-21 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook uses cases in family law to illustrate both traditional philosophical problems in the law as well as problems that are unique to family law. In the beginning chapters family law cases are employed to introduce the reader to philosophical debates about the relationship between law and morals, about how one ought to interpret the U.S. Constitution and its amendments, about the conditions under which individual liberty is justifiably limited by law, about the justification of punishment, and about the justification of remedies and standards of care in determining negligence in tort cases. Later chapters are devoted to contemporary issues unique to family law, including justifiable limits of access to marriage, alternatives to marriage, the rights of children, child custody disputes involving surrogate births, quasi-property disputes involving custody of frozen embryos, and the justifiable limits of the right not to procreate. The book reflects current movements, contemporary debates, and recent research on the philosophical problems in family law.
Download or read book An Introduction to the Philosophy of Law written by Roscoe Pound and published by Transaction Publishers. This book was released on 1922 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roscoe Pound ranks as one of the most prominent legal scholars in the development of American jurisprudence. In An Introduction to the Philosophy of Law, he shows how philosophy has been a powerful instrument throughout the history of law. He examines what philosophy has done for some of the chief problems of the science of law and how it is possible to look at those problems philosophically without treating them in terms of a particular time period. The function of legal philosophy, writes Pound, is to rationally formulate a general theory of law which conforms to the interests, the general security first and foremost, of society. According to Pound, philosophies of law historically have rationally adjusted legal developments to the circumstantial needs of society. Pound concerned himself primarily with the practical effects of American legal developments within the context of social interests and general security. He encouraged American jurists to abandon efforts to conform obsolete models of legal philosophy to new realities. The significance of Pound's scholarship, particularly An Introduction to the Philosophy of Law, is the legal relativism inherent therein and its ongoing impact not merely on American jurisprudence, but on the imperative that American public policy be tested in the juridical crucible of relativism. Marshall DeRosa writes in his new introduction that in the light of twentieth-century judicial politics, Roscoe Pound's philosophy of law has prevailed to a significant extent. This book's relevance to appreciating the development of the American legal system in all its complexities--including liability law, contract law, and property law--is in itself notable. But, in terms of understanding the twentieth-century development of the American rule of law, An Introduction to the Philosophy of Law is indispensable. It will make an invaluable addition to the personal libraries of legal theorists, philosophers, political scientists, and historians of American law.
Download or read book The Philosophy of International Law written by Samantha Besson and published by OUP Oxford. This book was released on 2010-04-01 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law has recently emerged as the subject-matter of an exciting new field of philosophical investigation. The Philosophy of International Law contains 29 cutting-edge essays by leading philosophers and international lawyers, all published here in English for the first time, that address the central philosophical questions about international law. The volume's overarching theme is the moral and political values that should guide the assessment and development of international law and institutions. Some of the essays tackle general topics such as the sources and legitimacy of international law, the nature of international legal adjudication, whether international law can or should aspire to be 'democratic', and the significance of state sovereignty. The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, international criminal law, international environmental law, and the laws of war. This volume is the most up-to-date and comprehensive treatment of the philosophy of international law in existence. It is also distinguished by its 'dialogical' methodology: there are two essays on each topic, with the second author engaging with the arguments of the first. It is an invaluable resource for anyone seeking a deeper understanding of the nature and value of international law.
Download or read book Papers in Legal Philosophy written by American Catholic Philosophical Association. Committee on Philosophy of Law and Government and published by . This book was released on 1944 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
