Download or read book The Banality of Law Some Remarks on Legal Conventionalism written by Adam Dyrda and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Conventionalism written by Lorena Ramírez-Ludeña and published by Springer. This book was released on 2018-12-28 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of convention has been used in different fields and from different perspectives to account for important social phenomena, and the legal sphere is no exception. Rather, reflection on whether the legal phenomenon is based on a convention and, if so, what kind of convention is involved, has become a recurring issue in contemporary legal theory. In this book, some of the foremost specialists in the field make significant contributions to this debate. In the first part, the concept of convention is analysed. The second part reflects on whether the rule of recognition postulated by Hart can be understood as a convention and discusses its potential and limitations in order to explain the institutional and normative character of law. Lastly, the third part critically examines the relations between conventionalism and legal interpretation. Given the content and quality of the contributions, the book is of interest to those wanting to understand the current state of the art in legal conventionalism as well as those wanting to deepen their knowledge about these questions.
Download or read book Stanley Fish on Philosophy Politics and Law written by Michael Robertson and published by Cambridge University Press. This book was released on 2014-08-07 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores Fish's unconventional positions on politics and law, explaining how they flow from his positions on three philosophical issues.
Download or read book The Concept of Dilemma in Legal and Judicial Ethics written by Przemysław Kaczmarek and published by Wydawnictwo C.H.Beck. This book was released on 2018-10-12 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges and lawyers have to shape their moral competences in order to maintain their professional ethics at a high standard if they want to effectively meet the challenges that modern society will throw at them. This requirement is due to the growing expectation that they will be socially and morally responsible for the law. Thus, the need to place ethics at the heart of legal education, and to make ethical reflection pervasive in academic courses, becomes more obvious every day. Using the concept and examples of moral dilemmas is a way of facilitating this task. The main purpose of this book is to analyse the concept of moral dilemma in context of judicial and legal ethics, and to provide material for legal education. The structure of this book is designed with this double aim in mind. The theoretical part presents the concept of dilemmas on grounds of metaethics and the perspectives for its application in a professional legal context. The former encompasses situations of conflict of duties or obligations, in which the choice of one conduct necessarily prevents a different conduct, and therefore leads to an unacceptable outcome. Hence, the situation of dilemma always involves an issue of moral responsibility and the problem of “dirty hands”. How such situations are present in legal practice and how to deal with them is the main concern of this part. The considerations are divided into three levels of reflection – deontological, axiological, and moral responsibility. The practical part of the book contains an overview of 150 dilemmas that can be useful in legal ethics or other legal courses. The dilemmas are divided into chapters covering the following branches of law: criminal law, civil and commercial law, family and custody law, labour and social security law, and constitutional law. Every dilemma presents a description of the facts, a reconstruction of dilemma, its standard solution and some critical remarks from a meta-ethical perspective. The dilemmas cover situations regularly met in everyday practice, as well as examples of more exceptional challenges in connection with constitutional crises that have occurred in Poland in recent years.
Download or read book Sociological Jurisprudence written by Roger Cotterrell and published by Routledge. This book was released on 2017-12-06 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a unified set of arguments about the nature of jurisprudence and its relation to the jurist’s role. It explores contemporary challenges that create a need for social scientific perspectives in jurisprudence, and it shows how sociological resources can and should be used in considering juristic issues. Its overall aim is to redefine the concept of sociological jurisprudence and outline a new agenda for this. Supporting this agenda, the book elaborates a distinctive juristic perspective that recognises law’s diversity of cultural meanings, its extending transnational reach, its responsibilities to reflect popular aspirations for justice and security, and its integrative tasks as a general resource of regulation for society as a whole and for the individuals who interact under law’s protection. Drawing on and extending the author’s previous work, the book will be essential reading for students, researchers and academics working in jurisprudence, law and society, socio-legal studies, sociology of law, and comparative legal studies.
Download or read book The Rule of Recognition and the U S Constitution written by Matthew Adler and published by Oxford University Press. This book was released on 2009-07-30 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: A volume of original essays that discusses the applicability of H. L. A. Hart's rule of recognition model of a legal system to U. S. Constitutional law as discussed in his book "The concept of law".
Download or read book The Five Types of Legal Argument written by Wilson Ray Huhn and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Five Types of Legal Argument succeeds both as a work of legal theory and as a practical guide to legal reasoning for law students, lawyers, and judges. Huhn introduces each concept separately, and from many parts Huhn develops an intricate and nuanced theory of what law is. Huhn also shows readers how to identify, create, attack, and evaluate the five types of legal arguments (text, intent, precedent, tradition, and policy) and how to weave the different types of arguments together to make them more persuasive. The Second Edition of this book further develops both the theoretical and practical themes of the work. In this edition Huhn introduces two additional ways of attacking legal arguments, and in a new chapter he utilizes principles of deductive logic to demonstrate the validity of the theory of the five types of legal arguments. The principal strength of this book is its clarity. The book is written in plain language that is easily understood both by lay persons and professionals, and it is organized simply and logically. Reviewers and legal scholars have described the book as "fascinating" and "masterful." The Five Types of Legal Argument is required reading at a number of leading American law schools, and it is recommended for anyone who wishes to understand how to construct and how to critique legal arguments. "I found The Five Types of Legal Argument to be invaluable because it succinctly breaks down legal analysis. At first, reading judicial opinions, especially with majority and dissenting opinions, can be a dizzying experience. But when you break down the arguments you learn to spot appeals to different types of reasoning. The reward is two-fold: First, you can more easily understand judicial opinions and can criticize or appreciate them on a more sophisticated level. Second, the five types of legal arguments become a checklist of tools that you can invoke to make persuasive legal arguments of your own." Bryce Landier, former law student "The Five Types of Legal Argument contains two of the top three most valuable pages that I have read during my time in law school." Whit Pierce, law student "The Five Types of Legal Argument will help you shift the way you read from simply understanding and memorizing legal texts to critically analyzing and interpreting the text and the arguments made within the text. I wish I read this book during my 1L year." Kathleen Rose, law student "This book will help you read, it will help you write, and it will help you think clearly about the arguments that are made in legal discourse." Jonathan Williams, law student "In law school, professors always tell us not to focus on the trees, but to step back and see the forest when analyzing legal issues. This book certainly furthers that well-reasoned approach." Amanda Johnson, law student "The book serve[s] as a fine introduction to legal analysis and indicate to students the importance of identifying the categories of legal argument they encounter." Ben Wiles, law student
Download or read book The Politics of Print During the French Wars of Religion written by Gregory P. Haake and published by Brill. This book was released on 2021 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Politics of Print During the French Wars of Religion, Gregory Haake examines how, in late sixteenth-century France, authors and publishers used the printed text to control the terms of public discourse and determine history, or at least their narrative of it.
Download or read book Utilitarianism and Beyond written by Amartya Sen and published by Cambridge University Press. This book was released on 1982-06-10 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Utilitarianism considered both as a theory of personal morality and a theory of public choice.
Download or read book Critical Models written by Theodor W. Adorno and published by Columbia University Press. This book was released on 2005 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Critical Models' combines two of Adorno's most important postwar works - 'Interventions' and 'Catchwords"--And addresses issues such as the dangers of ideological conformity, the fragility of democracy, educational reform, the influence of television and radio and the aftermath and continuity of racism.
Download or read book Fashionable Nonsense written by Alan Sokal and published by Picador. This book was released on 2014-01-14 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1996 physicist Alan Sokal published an essay in Social Text--an influential academic journal of cultural studies--touting the deep similarities between quantum gravitational theory and postmodern philosophy. Soon thereafter, the essay was revealed as a brilliant parody, a catalog of nonsense written in the cutting-edge but impenetrable lingo of postmodern theorists. The event sparked a furious debate in academic circles and made the headlines of newspapers in the U.S. and abroad. In Fashionable Nonsense: Postmodern Intellectuals' Abuse of Science, Sokal and his fellow physicist Jean Bricmont expand from where the hoax left off. In a delightfully witty and clear voice, the two thoughtfully and thoroughly dismantle the pseudo-scientific writings of some of the most fashionable French and American intellectuals. More generally, they challenge the widespread notion that scientific theories are mere "narrations" or social constructions.
Download or read book Essays on Plato s Epistemology written by Franco Trabattoni and published by Leuven University Press. This book was released on 2016-03-21 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Innovating approach to Plato’s philosophy Through a careful survey of several significant Platonic texts, mainly focussing on the nature of knowledge, Essays on Plato’s Epistemology offers the reader a fresh and promising approach to Plato’s philosophy as a whole. From the very earliest reception of Plato’s philosophy, there has been a conflict between a dogmatic and a sceptical interpretation of his work and thought. Moreover, the two sides are often associated, respectively, with a metaphysical and an anti-metaphysical approach. This book, continuing a line of thought that is nowadays strongly present in the secondary literature – and also followed by the author in over thirty years of research –, maintains that a third way of thinking is required. Against the widespread view that an anti-dogmatic philosophy must go together with an anti-metaphysical stance, Trabattoni shows that for Plato, on the contrary, a sober and reasonable assessment of both the powers and limits of human reason relies on a proper metaphysical outlook.
Download or read book The Canadian Journal of Law and Jurisprudence written by and published by . This book was released on 1996 with total page 982 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Human Rights with Modesty The Problem of Universalism written by András Sajó and published by Springer. This book was released on 2013-12-11 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume considers the problem of legal universals at the level of the rule of law and human rights, which have fundamentally different pedigrees, and attempts to come to terms with the new unease arising from the universal application of human rights. Given the juridicization of human rights, rule of law and human rights expectations have become significantly intertwined: human rights are enforced with the instruments of the rule of law and are thus limited by the restricted reach thereof. The first section of this volume considers the difficulties of universalistic claims and offers a number of possible solutions for adapting universal expectations to specific contexts. The second section considers problems of human rights politics; sections three and four present empirical studies about the appearance and disappearance of the rule of law and fundamental rights in Western and non-Western societies. Special attention is paid to the problems of developing countries, with a specific focus on past and present developments in Iran. These empirical studies indicate that the acceptance of human rights and the rule of law is historically contingent and cannot simply be considered as a matter of culture.
Download or read book A Singular Modernity written by Fredric Jameson and published by Verso Books. This book was released on 2014-06-17 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concepts of modernity and modernism are amongst the most controversial and vigorously debated in contemporary philosophy and cultural theory. In this intervention, Fredric Jameson-perhaps the most influential and persuasive theorist of postmodernity-excavates and explores these notions in a fresh and illuminating manner.The extraordinary revival of discussions of modernity, as well as of new theories of artistic modernism, demands attention in its own right. It seems clear that the (provisional) disappearance of alternatives to capitalism plays its part in the universal attempt to revive 'modernity' as a social ideal. Yet the paradoxes of the concept illustrate its legitimate history and suggest some rules for avoiding its misuse as well. In this major interpretation of the problematic, Jameson concludes that both concepts are tainted, but nonetheless yield clues as to the nature of the phenomena they purported to theorize. His judicious and vigilant probing of both terms-which can probably not be banished at this late date-helps us clarify our present political and artistic situations.
Download or read book The Savage Anomaly written by Antonio Negri and published by U of Minnesota Press. This book was released on 2000 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this essential rereading of Spinoza's (1632-1677) philosophical and political writings, Negri positions this thinker within the historical context of the development of the modern state and its attendant political economy. Through a close examination of Spinoza, Negri reveals turn as unique among his contemporaries for his nondialectical approach to social organization in a bourgeois age.
Download or read book Philosophy and Public Administration written by Edoardo Ongaro and published by Edward Elgar Publishing. This book was released on 2020-07-31 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosophy and Public Administration provides a systematic and comprehensive introduction to the philosophical foundations of the study and practice of public administration. In this revised second edition, Edoardo Ongaro offers an accessible guide for improving public administration, exploring connections between basic ontological and epistemological stances and public governance, while offering insights for researching and teaching philosophy for public administration in university programmes.
