Download or read book Rethinking the Concept of Law of Nature written by Yemima Ben-Menahem and published by Springer Nature. This book was released on 2022-06-13 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book subjects the traditional concept of law of nature to critical examination. There are two kinds of reasons that invite this reexamination, one deriving from philosophical concerns over the traditional concept, the other motivated by theoretical and practical changes in science. One of the philosophical worries is that the idiom of law of nature, especially when combined with the notion of laws 'governing' individual events and processes, is no longer as intelligible as it used to be in the theistic context in which the formulation of laws became central to science. The traditional concept is also challenged in various ways by contemporary scientific theories such as quantum mechanics, chaos theory and the general theory of relativity. It is no longer clear that there are any universal laws, laws do not always guarantee predictability, and the border between physical and mathematical considerations is constantly shifting. The most difficult challenge, perhaps, is to come up with a scientific explanation of the origin of laws. Wrestling with these intriguing problems, the papers in this volume broaden both our understanding of the natural order and our desiderata of scientific explanation.
Download or read book Rethinking Order written by Nancy Cartwright and published by Bloomsbury Publishing. This book was released on 2016-06-30 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a radical new picture of natural order. The Newtonian idea of a cosmos ruled by universal and exceptionless laws has been superseded; replaced by a conception of nature as a realm of diverse powers, potencies, and dispositions, a 'dappled world'. There is order in nature, but it is more local, diverse, piecemeal, open, and emergent than Newton imagined. In each chapter expert authors expound the historical context of the idea of laws of nature, and explore the diverse sorts of order actually presupposed by work in physics, biology, and the social sciences. They consider how human freedom might be understood, and explore how Newton's idea of a 'universal designer' might be revised, in this new context. They argue that there is not one unified totalizing program of science, aiming at the completion of one closed causal system. We live in an ordered universe, but we need to rethink the classical idea of the 'laws of nature' in a more dynamic and creatively diverse way.
Download or read book Rethinking Order written by Nancy Cartwright and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rethinking Environmental Law written by Laitos, Jan G. and published by Edward Elgar Publishing. This book was released on 2021-08-27 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging historic assumptions about human relationships with nature, Jan G. Laitos examines how environmental laws have addressed environmental problems in the past, and the reasons for the laws' inability to successfully prevent environmental contamination and alterations of critical environmental systems. This forward-thinking book offers a creative and organic alternative to traditional but ultimately unsuccessful environmental rules. It explains the need for a new generation of environmental laws grounded in the universal laws of nature which might succeed where past and current approaches have largely failed.
Download or read book Rethinking Natural Law written by Paulo Ferreira da Cunha and published by Springer Science & Business Media. This book was released on 2012-12-14 with total page 79 pages. Available in PDF, EPUB and Kindle. Book excerpt: For centuries, natural law was the main philosophical legal paradigm. Now, it is a wonder when a court of law invokes it. Arthur Kaufmann already underlined a modern general "horror iuris naturalis". We also know, with Winfried Hassemer, that the succession of legal paradigms is a matter of fashion. But why did natural law become outdated? Are there any remnants of it still alive today? This book analyses a number of prejudices and myths that have created a general misconception of natural law. As Jean-Marc Trigeaud put it: there is a natural law that positivists invented. Not the real one(s). It seeks to understand not only the usual adversaries of natural law (like legalists, positivists and historicists) but also its further enemies, the inner enemies of natural law, such as internal aporias, political and ideological manipulations, etc. The book puts forward a reasoned and balanced examination of this treasure of western political and juridical though. And, if we look at it another way, natural law is by no means a loser in our times: because it lives in modern human rights.
Download or read book Second Nature written by Crina Archer and published by Fordham Univ Press. This book was released on 2013-08 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays collected here, by both eminent and emerging scholars, engage interlocutors from Machiavelli to Arendt. Individually, they contribute compelling readings of important political thinkers and add fresh insights to debates in areas such as environmentalism and human rights. Together, the volume issues a call to think anew about nature, not only as a traditional concept that should be deconstructed or affirmed but also as a site of human political activity and struggle worthy of sustained theoretical attention.
Download or read book Tanaka K tar and World Law written by Kevin M. Doak and published by Springer. This book was released on 2018-10-01 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores one of the 20th century’s most consequential global political thinkers and yet one of the most overlooked. Tanaka Kōtarō (1890-1974) was modern Japan’s pre-eminent legal scholar and jurist. Yet because most of his writing was in Japanese, he has been largely overlooked outside of Japan. His influence in Japan was extraordinary: the only Japanese to serve in all three branches of government, and the longest serving Chief Justice of the Supreme Court. His influence outside Japan also was extensive, from his informal diplomacy in Latin America in the prewar period to serving on the International Court of Justice in the 1960s. His stinging dissent on that court in the 1966 South-West Africa Case is often cited even today by international jurists working on human rights issues. Above and beyond these particular lines of influence, Tanaka outlined a unique critique of international law as inherently imperialistic and offered as its replacement a theory of World Law (aka “Global Law”) based on the Natural Law. What makes Tanaka’s position especially notable is that he defended the Natural Law not as a European but from his vantage point as a Japanese jurist, and he did so not from public law, but from his own expertise in private law. This work introduces Tanaka to a broader, English-reading public and hopes thereby to correct certain biases about the potential scope of ideas concerning human rights, universality of reason, law and ethics.
Download or read book Rethinking the Law School written by Carel Stolker and published by Cambridge University Press. This book was released on 2014-12-11 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law, by its very nature, tends to think locally, not globally. This book has a broader scope in terms of the range of nations and offers a succinct journey through law schools on different continents and subject matters. It covers education, research, impact and societal outreach, and governance. It illustrates that law schools throughout the world have much in common in terms of values, duties, challenges, ambitions and hopes. It provides insights into these aspirations, whilst presenting a thought-provoking discussion for a more global agenda on the future of law schools. Written from the perspective of a former dean, the book offers a unique understanding of the challenges facing legal education and research.
Download or read book What is a Law of Nature written by D. M. Armstrong and published by Cambridge University Press. This book was released on 2016-08-26 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1985, D. M. Armstrong's original work on what laws of nature are has continued to be influential in the areas of metaphysics and philosophy of science. Presenting a definitive attack on the sceptical Humean view, that laws are no more than a regularity of coincidence between stances of properties, Armstrong establishes his own theory and defends it concisely and systematically against objections. Presented in a fresh twenty-first-century series livery, and including a specially commissioned preface written by Marc Lange, illuminating its continuing importance and relevance to philosophical enquiry, this influential work is available for a new generation of readers.
Download or read book Rethinking the Good written by Larry S. Temkin and published by Oxford University Press. This book was released on 2014-12-04 with total page 639 pages. Available in PDF, EPUB and Kindle. Book excerpt: In choosing between moral alternatives -- choosing between various forms of ethical action -- we typically make calculations of the following kind: A is better than B; B is better than C; therefore A is better than C. These inferences use the principle of transitivity and are fundamental to many forms of practical and theoretical theorizing, not just in moral and ethical theory but in economics. Indeed they are so common as to be almost invisible. What Larry Temkin's book shows is that, shockingly, if we want to continue making plausible judgments, we cannot continue to make these assumptions. Temkin shows that we are committed to various moral ideals that are, surprisingly, fundamentally incompatible with the idea that "better than" can be transitive. His book develops many examples where value judgments that we accept and find attractive, are incompatible with transitivity. While this might seem to leave two options -- reject transitivity, or reject some of our normative commitments in order to keep it -- Temkin is neutral on which path to follow, only making the case that a choice is necessary, and that the cost either way will be high. Temkin's book is a very original and deeply unsettling work of skeptical philosophy that mounts an important new challenge to contemporary ethics.
Download or read book Rethinking Law as Process written by James MacLean and published by Routledge. This book was released on 2012-05-23 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking Law as Process draws on insights from 'process philosophy' in order to rethink the nature of legal decision making.
Download or read book The Ecology of Law written by Fritjof Capra and published by Berrett-Koehler Publishers. This book was released on 2015-10-05 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, IBPA Benjamin Franklin Award in Politics/Current Events: A systems theorist and a legal scholar present a new paradigm for protecting our planet. This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other—until recently. In the past few decades, science has shifted from seeing the natural world as a kind of cosmic machine best understood by analyzing each cog and sprocket to a systems perspective that views the world as a vast network of fluid communities and studies their dynamic interactions. The concept of ecology exemplifies this approach. But law is stuck in the old mechanistic paradigm: The world is simply a collection of discrete parts, and ownership of these parts is an individual right, protected by the state. Fritjof Capra, physicist, systems theorist, and bestselling author of The Tao of Physics, and distinguished legal scholar Ugo Mattei show that this obsolete worldview has led to overconsumption, pollution, and a general disregard on the part of the powerful for the common good. Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on Earth that better addresses many of the economic and social crises we face today. This is a visionary reconceptualization of the very foundations of the Western legal system, a kind of Copernican revolution in the law, with profound implications for the future of our planet. “Thoughtful . . . The authors propose a philosophy and jurisprudence that is deeply radical—upending centuries of Western tradition and culture—but possibly crucial to solving looming environmental problems.” —Publishers Weekly
Download or read book Uncommon Ground Rethinking the Human Place in Nature written by William Cronon and published by W. W. Norton & Company. This book was released on 1996-10-17 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: A controversial, timely reassessment of the environmentalist agenda by outstanding historians, scientists, and critics. In a lead essay that powerfully states the broad argument of the book, William Cronon writes that the environmentalist goal of wilderness preservation is conceptually and politically wrongheaded. Among the ironies and entanglements resulting from this goal are the sale of nature in our malls through the Nature Company, and the disputes between working people and environmentalists over spotted owls and other objects of species preservation. The problem is that we haven't learned to live responsibly in nature. The environmentalist aim of legislating humans out of the wilderness is no solution. People, Cronon argues, are inextricably tied to nature, whether they live in cities or countryside. Rather than attempt to exclude humans, environmental advocates should help us learn to live in some sustainable relationship with nature. It is our home.
Download or read book The End of Lawyers written by Richard Susskind OBE and published by OUP Oxford. This book was released on 2010-09-16 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This widely acclaimed legal bestseller has ignited an intense debate within the legal profession. It examines the effect of advances in IT upon legal practice, analysing anticipated developments in the next decade. It urges lawyers to consider the sustainability of their traditional role.
Download or read book Laws of Nature and Chances written by Barry Loewer and published by Oxford University Press. This book was released on 2024-07-25 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: Barry Loewer presents a novel account of the metaphysics of law of nature, chances, fundamental ontology, and the space-time arena they occupy. He calls this the Package Deal Account. This aims to answer Stephen Hawking's question "What is it that breathes fire into the equations and makes a universe for them to describe?" Loewer's account stands on the shoulders of David Lewis's Humean Best Systems Account of laws and chances, but rejects Lewis' Humean ontology of natural properties, and instead lets the criteria that physicists employ for evaluating candidate fundamental theories of everything, together with reality, determine the universe's fundamental ontology. The Package Deal Account thus advances the project of naturalizing metaphysics. Loewer discusses the history of the concept of laws of nature, current philosophical accounts of the metaphysics of laws, and arguments for and against each of these. He then shows how the Package Deal Account overcomes objections to each, and how, unlike Lewis's Humean account and its non-Humean rivals, it is able to accommodate recent developments in physics, including proposals for theories of quantum gravity that reject the fundamentality of space-time. Loewer provides in addition an account of the laws and chances that occur in non-fundamental special sciences and how they are related to those of fundamental physics.
Download or read book Law and Psychiatry written by Michael S. Moore and published by CUP Archive. This book was released on 1984-03-30 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the competing images of man offered us by the disciplines of law and psychiatry. Michael Moore describes the legal view of persons as rational and autonomous and defends it from the challenges presented by three psychiatric ideas: that badness is illness, that the unconscious rules our mental life, and that a person is a community of selves more than a unified single self. Using the tools of modern philosophy, he attempts to show that the moral metaphysical foundations of our law are not eroded by these challenges of psychiatry. The book thus seeks, through philosophy, to go beneath the centuries-old debates between lawyers and psychiatrists, and to reveal their hidden agreement about the nature of man. Some attention is paid to practical legal and psychiatric issues of contemporary concern, such as the proper definition of mental illness for psychiatric purposes, and the proper definition of legal insanity for legal purposes. This book was first announced, for publication in hard covers, in the Press's January to July seasonal list.
Download or read book The Nature of Desert Claims written by Kevin Kinghorn and published by Cambridge University Press. This book was released on 2021-05-20 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our everyday conversations reveal the widespread assumption that positive and negative treatment of others can be justified on the grounds that 'they deserve it'. But what is it exactly to deserve something? In this book, Kevin Kinghorn explores how we came to have this concept and offers an explanation of why people feel so strongly that redress is needed when outcomes are undeserved. Kinghorn probes for that core concern which is common to the range of everyday desert claims people make, ultimately proposing an alternative model of desert which represents a fundamental challenge to the received wisdom on the structure of desert claims. In the end, he argues, our plea for deserved treatment ends up being linked to the universal human concern for a shared narrative, as we seek healthy relationships within a community.
