Download or read book The Artifactual Nature of Law written by Burazin, Luka and published by Edward Elgar Publishing. This book was released on 2022-08-12 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book develops and elaborates on the artifact theory of law, covering a wide range of related theoretical and practical topics. Featuring international contributions from both noted and up-and-coming scholars in law and philosophy, it offers a range of perspectives that flesh out the artifact theory of law, it also introduces criticisms of previous formulations of the theory and inquires into its potential payoffs.
Download or read book Law as an Artifact written by Luka Burazin and published by Oxford University Press. This book was released on 2018-07-26 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assembles leading scholars to examine how their respective theoretical positions relate to the artifactual nature of law. It offers a complete analysis of what is ontologically entailed by the claim that law - including legal systems, legal norms, and legal institutions - is an artifact, and what consequences, if any, this claim has for philosophical accounts of law. Examining the artifactual nature of law draws attention to the role that intention, function, and action play in the ontological structure of law, and how these attributes interact with rules. It puts the role of author and authorship at the center of its analysis of legal ontology, and widens the scope that functional analysis can legitimately have in legal theory, emphasizing how the content of law depends on how it is used. Furthermore, the appeal to artifacts brings to the fore questions about the significance of concepts for the existence of law, and makes available new tools for legal interpretation. The notion of artifactuality offers a starting point from which to approach the basic dilemma of whether it is meaningful to search for essential, necessary, and sufficient features of law, a question that in current legal theory is put when deciding what kind of enterprise legal theory is from a methodological point of view, namely whether it is descriptive or prescriptive. This volume unearths insights and observations of value to all those looking to deepen their understanding of how the law is understood and experienced.
Download or read book Law as an Artifact written by BURZAIN ET AL. and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assembles leading scholars from the continental and analytic schools to examine how their respective theoretical positions treat the artifactual nature of law. It explores what the claim that legal systems, norms, and institutions are artifacts, ontologically entails, and the consequences this has for philosophical accounts of law.
Download or read book Natural Law and the Nature of Law written by Jonathan Crowe and published by Cambridge University Press. This book was released on 2019-04-25 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.
Download or read book Understanding the Nature of Law written by Michael Giudice and published by Edward Elgar Publishing. This book was released on 2015-06-29 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized? This novel book explains the importance of
Download or read book New Essays on the Nature of Legal Reasoning written by Mark McBride and published by Bloomsbury Publishing. This book was released on 2022-05-19 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to bring together distinguished jurisprudential theorists, as well as up-and-coming scholars, to critically assess the nature of legal reasoning. The volume is divided into 3 parts: The first part, General Jurisprudence and Legal Reasoning, addresses issues at the intersection of general jurisprudence - those pertaining to the nature of law itself - and legal reasoning. The second part, Rules and Reasons, addresses two concepts central to two prominent types of theory of legal reasoning. The essays in the third and final part, Doctrine and Practice, delve into the mechanics of legal practice and doctrine, from a legal reasoning perspective.
Download or read book The Functions of Law written by Kenneth M. Ehrenberg and published by Oxford University Press. This book was released on 2016-03-11 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities.
Download or read book Natural Moral Law in Contemporary Society written by Holger Zaborowski and published by CUA Press. This book was released on 2010-08 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays of this volume examine natural moral law, different natural law theories, and the role that natural law can and should play in our contemporary society
Download or read book Philosophical Foundations of the Nature of Law written by Wil Waluchow and published by Oxford University Press. This book was released on 2013-03-14 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines power-sharing agreements, their legitimacy and their compatibility with human rights law. Providing a clear, accessible introduction to the political science and human rights law on the issue, the book is an invaluable guide to all those engaged with transitional justice, peace agreements, and human rights.
Download or read book The Nature and Value of Vagueness in the Law written by Hrafn Asgeirsson and published by Bloomsbury Publishing. This book was released on 2020-04-10 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes vague and, even when it is clear, the content itself is sometimes vague. This monograph examines the nature and consequences of these two linguistic sources of indeterminacy in the law. The aim is to give plausible answers to three related questions: In virtue of what is the law vague? What might be good about vague law? How should courts resolve cases of vagueness? It argues that vagueness in the law is sometimes a good thing, although its value should not be overestimated. It also proposes a strategy for resolving borderline cases, arguing that textualism and intentionalism – two leading theories of legal interpretation – often complement rather than compete with each other.
Download or read book Morality and the Nature of Law written by Kenneth Einar Himma and published by Oxford University Press. This book was released on 2019-03-07 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Morality and the Nature of Law explores the conceptual relationship between morality and the criteria that determine what counts as law in a given societythe criteria of legal validity. Is it necessary condition for a legal system to include moral criteria of legal validity? Is it even possible for a legal system to have moral criteria of legal validity? The book considers the views of natural law theorists ranging from Blackstone to Dworkin and rejects them, arguing that it is not conceptually necessary that the criteria of legal validity include moral norms. Further, it rejects the exclusive positivist view, arguing instead that it is conceptually possible for the criteria of validity to include moral norms. In the process of considering such questions, this book considers Raz's views concerning the nature of authority and Shapiro's views about the guidance function of law, which have been thought to repudiate the conceptual possibility of moral criteria of legal validity. The book, then, articulates a thought experiment that shows that it is possible for a legal system to have such criteria and concludes with a chapter that argues that any legal system, like that of the United States, which affords final authority over the content of the law to judges who are fallible with respect to the requirements of morality is a legal system with purely source-based criteria of validity.
Download or read book Models and Idealizations in Science written by Alejandro Cassini and published by Springer Nature. This book was released on 2021-05-27 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides both an introduction to the philosophy of scientific modeling and a contribution to the discussion and clarification of two recent philosophical conceptions of models: artifactualism and fictionalism. These can be viewed as different stances concerning the standard representationalist account of scientific models. By better understanding these two alternative views, readers will gain a deeper insight into what a model is as well as how models function in different sciences. Fictionalism has been a traditional epistemological stance related to antirealist construals of laws and theories, such as instrumentalism and inferentialism. By contrast, the more recent fictional view of models holds that scientific models must be conceived of as the same kind of entities as literary characters and places. This approach is essentially an answer to the ontological question concerning the nature of models, which in principle is not incompatible with a representationalist account of the function of models. The artifactual view of models is an approach according to which scientific models are epistemic artifacts, whose main function is not to represent the phenomena but rather to provide epistemic access to them. It can be conceived of as a non-representationalist and pragmatic account of modeling, which does not intend to focus on the ontology of models but rather on the ways they are built and used for different purposes. The different essays address questions such as the artifactual view of idealization, the use of information theory to elucidate the concepts of abstraction and idealization, the deidealization of models, the nature of scientific fictions, the structural account of representation and the ontological status of structures, the role of surrogative reasoning with models, and the use of models for explaining and predicting physical phenomena.
Download or read book Artefact Kinds written by Maarten Franssen and published by Springer Science & Business Media. This book was released on 2013-10-04 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with two intimately related topics of metaphysics: the identity of entities and the foundations of classification. What it adds to previous discussions of these topics is that it addresses them with respect to human-made entities, that is, artefacts. As the chapters in the book show, questions of identity and classification require other treatments and lead to other answers for artefacts than for natural entities. These answers are of interest to philosophers not only for their clarification of artefacts as a category of things but also for the new light they may shed on these issue with respect to to natural entities. This volume is structured in three parts. The contributions in Part I address basic ontological and metaphysical questions in relation to artefact kinds: How should we conceive of artefact kinds? Are they real kinds? How are identity conditions for artefacts and artefact kinds related? The contributions in Part II address meta-ontological questions: What, exactly, should an ontological account of artefact kinds provide us with? What scope can it aim for? Which ways of approaching the ontology of artefact kinds are there, how promising are they, and how should we assess this? In Part III, the essays offer engineering practice rather than theoretical philosophy as a point of reference. The issues addressed here include: How do engineers classify technical artefacts and on what grounds? What makes specific classes of technical artefacts candidates for ontologically real kinds, and by which criteria?
Download or read book Methodology in Private Law Theory written by and published by Oxford University Press. This book was released on 2024-02-01 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik represents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic. In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where law is given, received, asserted, and negotiated. Leading methodologies of the past and present are subject to fresh elucidation and insightful criticism, including those of legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship. Providing the necessary background for understanding different legal cultures and traditions in private law, Methodology in Private Law Theory is a must-read for anyone working within the field.
Download or read book Natural Law and Thomistic Juridical Realism written by Petar Popovic and published by CUA Press. This book was released on 2022-02-04 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.
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 Italian Philosophy of Technology written by Simona Chiodo and published by Springer Nature. This book was released on 2020-12-20 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume about the Italian philosophy of technology written in English and including novel and translated contributions. The volume presents original research on emerging topics in the field, as well as an overview of the most distinguished Italian approaches to the philosophy of technology. While offering both historical and political perspectives and the contributions of the philosophy of law, philosophy of science, and aesthetics, Italian Philosophy of Technology promotes a novel view on the intersection between continental and analytic traditions in the philosophy of technology.
