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 Oughts and Thoughts written by Anandi Hattiangadi and published by Clarendon Press. This book was released on 2007-05-31 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Oughts and Thoughts, Anandi Hattiangadi provides an innovative response to the argument for meaning scepticism set out by Saul Kripke in Wittgenstein on Rules and Private Language. Kripke asks what makes it the case that anybody ever means anything by any word, and argues that there are no facts of the matter as to what anybody ever means. Kripke's argument has inspired a lively and extended debate in the philosophy of language, as it raises some of the most fundamental issues in the field: namely, the reality, privacy, and normativity of meaning. Hattiangadi argues that in order to achieve the radical conclusion that there are no facts as to what a person means by a word, the sceptic must rely on the thesis that meaning is normative, and that this thesis fails. Since any 'sceptical solution' to the sceptical problem is irremediably incoherent, Hattiangadi concludes that there must be a fact of the matter about what we mean. In addition to providing an overview of the debate on meaning and content scepticism, Hattiangandi presents a detailed discussion of the contributions made by Simon Blackburn, Paul Boghossian, Robert Brandom, Fred Dretske, John McDowell, and Crispin Wright, among others, to the controversy surrounding Kripke's argument. The issues considered include the normativity of meaning and its relation to the normativity of moral judgments, reductive and non-reductive theories of meaning, deflationism about truth and meaning, and the privacy of meaning.

Download or read book Rule following and Meaning written by Alexander Miller and published by Routledge. This book was released on 2014-12-18 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule-following debate, in its concern with the metaphysics and epistemology of linguistic meaning and mental content, goes to the heart of the most fundamental questions of contemporary philosophy of mind and language. This volume gathers together the most important contributions to the topic, including papers by Simon Blackburn, Paul Boghossian, Graeme Forbes, Warren Goldfarb, Paul Horwich, John McDowell, Colin McGinn, Ruth Millikan, Philip Pettit, George Wilson, Crispin Wright, and Jose Zalabardo. The debate has centred on Saul Kripke's reading of the rule-following sections in Wittgenstein and his consequent posing of a sceptical paradox that threatens our everyday notions of linguistic meaning and mental content. These essays are attempts to respond to this challenge and represent some of the most important work in contemporary theory of meaning. With an introductory essay and a comprehensive guide to further reading this book is an excellent resource for courses in philosophy of mind, philosophy of language, Wittgenstein, and metaphysics, as well as for all philosophers, linguists, and cognitive scientists with interests in these areas.

Download or read book Unpacking Normativity written by Kenneth Einar Himma and published by Bloomsbury Publishing. This book was released on 2018-11-01 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a new and wide-ranging study of law's normativity, examining conceptual, descriptive and empirical dimensions of this perennial philosophical issue. It also contains essays concerned with, among other issues, the relationship between semantic and legal normativity; methodological concerns pertaining to understanding normativity; normativity and legal interpretation; and normativity as it pertains to transnational law. The contributors come not only from the usual Anglo-American and Western European community of legal theorists, but also from Latin American and Eastern European communities, representing a diversity of perspectives and points of view – including essays from both analytic and continental methodologies. With this range of topics, the book will appeal to scholars in transnational law, legal sociology, normative legal philosophy concerned with problems of state legitimacy and practical rationality, as well as those working in general jurisprudence. It comprises a highly important contribution to the study of law's normativity.

Download or read book Rule following and Meaning written by Alexander Miller and published by Routledge. This book was released on 2014-12-18 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule-following debate, in its concern with the metaphysics and epistemology of linguistic meaning and mental content, goes to the heart of the most fundamental questions of contemporary philosophy of mind and language. This volume gathers together the most important contributions to the topic, including papers by Simon Blackburn, Paul Boghossian, Graeme Forbes, Warren Goldfarb, Paul Horwich, John McDowell, Colin McGinn, Ruth Millikan, Philip Pettit, George Wilson, Crispin Wright, and Jose Zalabardo. The debate has centred on Saul Kripke's reading of the rule-following sections in Wittgenstein and his consequent posing of a sceptical paradox that threatens our everyday notions of linguistic meaning and mental content. These essays are attempts to respond to this challenge and represent some of the most important work in contemporary theory of meaning. With an introductory essay and a comprehensive guide to further reading this book is an excellent resource for courses in philosophy of mind, philosophy of language, Wittgenstein, and metaphysics, as well as for all philosophers, linguists, and cognitive scientists with interests in these areas.

Download or read book Wittgenstein on Rules and Private Language written by Saul A. Kripke and published by Harvard University Press. This book was released on 1982 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Table of Contents " Preface " Introductory " The Wittgensteinian Paradox " The Solution and the 'Private Language' Argument " Postscript Wittgenstein and Other Minds " Index.

Download or read book Multilateral Compliance Mechanisms in EU Environmental Law written by Birgit Hollaus and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prompted by recent events in the EU’s international environmental cooperation, this thought-provoking book explores the establishment and use of multilateral environmental compliance mechanisms as part of the EU’s external environmental action. Expanding upon current discussions in external relations law, this timely book uses a doctrinal approach to analyse EU engagement with this key instrument of treaty-based international environmental governance.

Download or read book Hans Kelsen in America Selective Affinities and the Mysteries of Academic Influence written by D.A. Jeremy Telman and published by Springer. This book was released on 2016-08-26 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the reasons for Hans Kelsen’s lack of influence in the United States and proposes ways in which Kelsen’s approach to law, philosophy, and political, democratic, and international relations theory could be relevant to current debates within the U.S. academy in those areas. Along the way, the volume examines Kelsen’s relationship and often hidden influences on other members of the mid-century Central European émigré community whose work helped shape twentieth-century social science in the United States. The book includes major contributions to the history of ideas and to the sociology of the professions in the U.S. academy in the twentieth century. Each section of the volume explores a different aspect of the puzzle of the neglect of Kelsen’s work in various disciplinary and national settings. Part I provides reconstructions of Kelsen’s legal theory and defends that theory against negative assessments in Anglo-American jurisprudence. Part II focuses both on Kelsen’s theoretical views on international law and his practical involvement in the post-war development of international criminal law. Part III addresses Kelsen’s theories of democracy and justice while placing him in dialogue with other major twentieth-century thinkers, including two fellow émigré scholars, Leo Strauss and Albert Ehrenzweig. Part IV explores Kelsen’s intellectual legacies through European and American perspectives on the interaction of Kelsen’s theoretical approach to law and national legal traditions in the United States and Germany. Each contribution features a particular applications of Kelsen’s approach to doctrinal and interpretive issues currently of interest in the legal academy. The volume concludes with two chapters on the nature of Kelsen’s legal theory as an instance of modernism.

Download or read book The Making of Constitutional Democracy written by Paolo Sandro and published by Bloomsbury Publishing. This book was released on 2022-01-27 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Download or read book Metaphilosophy of Law written by Pawel Banas and published by Bloomsbury Publishing. This book was released on 2016-10-06 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Methodological and metaphilosophical disputes in the contemporary philosophy of law are very vivid. Basic issues remain controversial. The purpose of the book is to confront approaches of Anglo-Saxon and continental philosophy of law to the following topics: the purpose of legal philosophy, the role of disagreement in legal philosophy, methodology of legal philosophy (conceptual analysis) and normativity of law. We see those areas of legal metaphilosophy as drawing recently more and more attention in the literature. The authors of particular chapters are internationally recognised scholars rooted in various traditions: Anglo-Saxon (Gerald Postema, Dennis Patterson, Kenneth Ehrenberg, Veronica Rodriguez-Blanco); Southern-European (Riccardo Guastini, Manuel Atienza); Nordic (Torben Spaak); German (Ralf Poscher); and Central-European (Jan Wolenski, Tomasz Gizbert-Studnicki, Adam Dyrda). They represent different approaches and different backgrounds. The purpose of the volume is to contribute to the cross-cultural discussions of fundamental issues of philosophy of law.

Download or read book From Rules to Meanings written by Ondřej Beran and published by Routledge. This book was released on 2018-01-31 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inferentialism is a philosophical approach premised on the claim that an item of language (or thought) acquires meaning (or content) in virtue of being embedded in an intricate set of social practices normatively governed by inferential rules. Inferentialism found its paradigmatic formulation in Robert Brandom’s landmark book Making it Explicit, and over the last two decades it has established itself as one of the leading research programs in the philosophy of language and the philosophy of logic. While Brandom’s version of inferentialism has received wide attention in the philosophical literature, thinkers friendly to inferentialism have proposed and developed new lines of inquiry that merit wider recognition and critical appraisal. From Rules to Meaning brings together new essays that systematically develop, compare, assess and critically react to some of the most pertinent recent trends in inferentialism. The book’s four thematic sections seek to apply inferentialism to a number of core issues, including the nature of meaning and content, reconstructing semantics, rule-oriented models and explanations of social practices and inferentialism’s historical influence and dialogue with other philosophical traditions. With contributions from a number of distinguished philosophers—including Robert Brandom and Jaroslav Peregrin—this volume is a major contribution to the philosophical literature on the foundations of logic and language.

Download or read book Rule following and Recursion written by Adam C. Podlaskowski and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: This project develops the general shape for a straight solution to Kripke's version of meaning skepticism. Kripke's reading of Wittgenstein's rule-following considerations still confounds attempts to offer a widely agreed upon solution: if Kripke is right, then there is no fact-of-the-matter regarding the rules we follow. The problem lies in saying how to make sense of a rule that guides our actions for an indefinite number of cases given that we have only finite capabilities--in short, we need to cite the fact that allows us to uniquely project to new cases on the basis of a finite number of applications. This thesis profoundly affects the prospect of devising any theory of meaning and content: if the meaning skeptic is right, then there is no fact of the matter regarding the meanings of our words or the contents of our thoughts. Figures such as Blackburn, Boghossian, Chomsky, Goldfarb, Katz, McGinn, Millikan, Pettit, and Wright have weighed in on this debate; and part of my aim is to appreciate where other proposed solutions have gone wrong, so as to avoid their errors. Within his larger dialectic, Kripke offers compelling arguments against attempts to reduce rule-following to our dispositions to act. But I agree that we must accept Kripke's conclusion only if we accept his argument as it stands--yet I deny that we need remain happy with the original shape of the argument. I argue that we should identify competence with a rule with the dispositional analog of an intension, where operative dispositions determine the extension of a rule. On this basis, I develop the position that a recursive approach to the projectability of rules provides the initial basis for solving the skeptical problem. That is, we can make sense of acting in new cases by appeal to combinations of more basic operations. I argue that we can relocate attributions of competence around our feasible dispositions. By providing an explanation of the productive nature of rules, we can also avoid some key problems in saying how rules are normatively constraining on dispositional treatments employing normal conditions.

Download or read book A Companion to the Philosophy of Language written by Bob Hale and published by John Wiley & Sons. This book was released on 2017-02-15 with total page 1176 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Providing up-to-date, in-depth coverage of the central question, and written and edited by some of the foremost practitioners in the field, this timely new edition will no doubt be a go-to reference for anyone with a serious interest in the philosophy of language.” Kathrin Glüer-Pagin, Stockholm University Now published in two volumes, the second edition of the best-selling Companion to the Philosophy of Language provides a complete survey of contemporary philosophy of language. The Companion has been greatly extended and now includes a monumental 17 new essays – with topics chosen by the editors, who curated suggestions from current contributors – and almost all of the 25 original chapters have been updated to take account of recent developments in the field. In addition to providing a synoptic view of the key issues, figures, concepts, and debates, each essay introduces new and original contributions to ongoing debates, as well as addressing a number of new areas of interest, including two-dimensional semantics, modality and epistemic modals, and semantic relationism. The extended “state-of-the-art” chapter format allows the authors, all of whom are internationally eminent scholars in the field, to incorporate original research to a far greater degree than competitor volumes. Unrivaled in scope, this volume represents the best contemporary critical thinking relating to the philosophy of language.

Download or read book Legal Knowledge and Information Systems written by F. Bex and published by IOS Press. This book was released on 2016-12 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: As with almost every other part of our daily lives, information technology is now indispensable in the legal sphere. The variety of applications has grown, keeping pace with developments in the wider field of artificial intelligence: logic and argument have been joined by statistical methods and data, and knowledge engineering has been enriched by machine learning. This book presents the papers delivered at the 29th International Conference on Legal Knowledge and Information Systems – JURIX 2016, held in Nice, France, in December 2016. From the 56 submissions received for the conference, 11 were selected for publication as full papers, 10 as short papers, and 10 as posters, which are included in the proceedings for the first time. The papers address a wide range of topics at the interface of Artificial Intelligence (AI) and Law, such as argumentation, norms and evidence, network science, information retrieval, and natural language processing. Many of the theories and technologies explored in the papers are drawn from real-life materials, including cases brought before the European Court of Human Rights, Dutch and Greek legal texts, and international investment agreements and contracts. Reflecting the many facets and the interdisciplinary character of AI and Law, the book will be of interest to all those whose work involves them in these fields.

Download or read book Handbook of Legal Reasoning and Argumentation written by Giorgio Bongiovanni and published by Springer. This book was released on 2018-07-02 with total page 773 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.

Download or read book Conceptual Jurisprudence written by Jorge Luis Fabra-Zamora and published by Springer Nature. This book was released on 2021-09-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together leading legal theorists to present original philosophical work on the concept of law - the central question of jurisprudence. It covers five broad topics: firstly it addresses debates concerning the methodology of jurisprudence. In Part II it focuses on the notion of a legal system and its coercive nature, while Part III explores the relationships between law and morality, the traditional point of contention between positivist and non-positivist theories of law. Part IV then examines questions regarding law’s normative character and relationships with practical reason. Lastly, the final part introduces two novel theoretical approaches to conceptual jurisprudence.

Download or read book Logic in the Theory and Practice of Lawmaking written by Michał Araszkiewicz and published by Springer. This book was released on 2015-10-05 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of law making. Elaborations of the process of law making have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in law making. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems—and some possible solutions—as seen through the work of leading contemporary academics. The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of law making taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law. How does logic inform lawmaking? Are legal systems consistent and complete? How can legal rules be represented by means of formal calculi and visualization techniques? Does the structure of statutes or of legal systems resemble the structure of deductive systems? What are the logical relations between the basic concepts of jurisprudence that constitute the system of law? How are theories of legal interpretation relevant to the process of legislation? How might the statutory text be analysed by means of contemporary computer programs? These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection.