Download or read book Intention in Law and Philosophy written by Ngaire Naffine and published by Routledge. This book was released on 2019-05-24 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. Legal systems are posited on the assumption that people are rational intentional agents who can choose to follow or break the law. This book connects the common interests of lawyers and philosophers in the meaning of intention and its relation to responsibility in legal, moral and political contexts.
Download or read book Intention Agency and Criminal Liability written by Antony Duff and published by Wiley-Blackwell. This book was released on 1990-01 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Nature of Legislative Intent written by Richard Ekins and published by OUP Oxford. This book was released on 2012-10-12 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.
Download or read book Reasons and Intentions in Law and Practical Agency written by George Pavlakos and published by Cambridge University Press. This book was released on 2015-02-05 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of new essays on the interplay between intentions and practical reasons in law and practical agency.
Download or read book Intention and Wrongdoing written by Joshua Stuchlik and published by Cambridge University Press. This book was released on 2021-12-09 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive defense of the principle of double effect and the importance of intentions for normative ethics.
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 Intention written by G. E. M. Anscombe and published by Harvard University Press. This book was released on 2000-10-16 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intention is one of the masterworks of twentieth-century philosophy in English. First published in 1957, it has acquired the status of a modern philosophical classic. The book attempts to show in detail that the natural and widely accepted picture of what we mean by an intention gives rise to insoluble problems and must be abandoned. This is a welcome reprint of a book that continues to grow in importance.
Download or read book Direct and Oblique Intention in the Criminal Law written by Itzhak Kugler and published by Routledge. This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of intention in the criminal law is currently causing many debates among criminal lawyers. This compelling and probing volume addresses two key questions: should the criminal law distinguish between direct intention and recklessness, and what should the law be concerning cases of oblique intention - i.e. cases in which the actor does not act in order to cause the proscribed result, but is nevertheless practically certain that his, or her, action will cause it? The discussion is divided into two parts with the first being devoted to the question of whether it is justified to grade offences based on the distinction between intention and recklessness. The second part deals with offences in which intention is required as a condition for the criminalisation of the conduct and in the context of which reckless actors are not exposed to criminal liability. The book explores the issue of intention from the viewpoint of degrees of moral culpability and it discusses, inter alia, the doctrine of double effect, the possibility that the law in cases of oblique intention should not be the same for all crimes of intention , and the possibility of using a moral formula in the definition of certain offences. The discussion also addresses many other criminal law issues, including the philosophy of punishment, the role of motives in determining degrees of blameworthiness, sentencing, stigma, and criminal attempts.
Download or read book The Philosophy of Peter Abelard written by John Marenbon and published by Cambridge University Press. This book was released on 1997 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a major reassessment of the philosophy of Peter Abelard (1079-1142) which shows that he was a far more constructive and wider-ranging thinker than has usually been supposed. It combines detailed historical discussion, based on published and manuscript sources, with philosophical analysis which aims to make clear Abelard's central arguments about the nature of things, language and the mind, and about morality. Although the book concentrates on these philosophical questions, it places them within their theological and wider intellectual context.
Download or read book Collective Action Philosophy and Law written by Teresa Marques and published by Routledge. This book was released on 2021-11-29 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective Action, Philosophy and Law brings together two important strands of philosophical analysis. It combines general philosophical inquiry into collective agency with analyses of specific questions about plural entities and activities in the legal domain. These are issues of growing interest in areas of philosophy like action theory and social ontology, as well as in philosophy of law. The book contains 13 original chapters written by an international team of leading philosophers and legal theorists and is divided into 4 parts: The nature of law and of legislative intention Practical reasoning and duties Causality, blameworthiness and responsibility Citizens, states and institutions. These sections cut across, and build on, different accounts to advance the debate on classical and new issues in collective agency. Each part also features legal-philosophical analyses that draw on general accounts of collective agency to cast new light on the law, descriptive as well as normatively. Collective Action, Philosophy and Law is the first major interdisciplinary and multi-authored work bridging legal and philosophical approaches to collective agency. As such, it is essential reading for students and researchers of philosophy of law, ethics, political philosophy, jurisprudence and legal theory.
Download or read book Philosophical Foundations of Contract Law written by Gregory Klass and published by OUP Oxford. This book was released on 2014-12-18 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.
Download or read book Justice in Transactions written by Peter Benson and published by Belknap Press. This book was released on 2019-12-17 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: “One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.
Download or read book Intention and Causation in Medical Non Killing written by Glenys Williams and published by Routledge. This book was released on 2007-03-06 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzing the concepts of intention and causation in euthanasia, this timely new book explores a broad selection of disciplines, including criminal and medical law, medical ethics, philosophy and social policy and suggests an alternative solution to the one currently used by the courts, based on grading different categories of killing into a formalized justificatory defence. This text explores how culpability, blameworthiness and liability are ascribed and how ascertaining mens rea and actus reus are problematic in an end-of-life decision-making scenario. Williams criticizes the way the courts rely so exclusively on the criminal concepts of intention and causation in such medical scenarios and examines and raises awareness of the inadequate and inappropriate legal framework within in which judges have to operate. Topical and compelling, this significant contribution argues for a more open and honest approach which would, in turn, provide the certainty, consistency and equality required by the law. This is a quintessential read for all students studying medical and healthcare law and the legal aspects of health and medicine.
Download or read book Reasons and Intentions written by Bruno Verbeek and published by Taylor & Francis. This book was released on 2016-12-05 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are a number of problems in philosophy that seem to share a similar possible solution: 'Why do promises and contracts bind?', 'Why ought citizens and judges obey the law?' and 'Can we realize the gains to be made from cooperation?'. All three problems (as well as some others) share a possible solution in the form of rational internal commitment. Reasons and Intentions is a 'state-of-the-art' overview of the relevant positions on the possibility of such commitment, including critical ones. The introduction provides a survey of the central problem of the volume, 'how the will can bind itself and still be instrumental in nature', and the various positions which are further examined in the contributions. Addressing the question of the relation between intentions and action, the considerations which make an intention rational and how this translates into our conception of (moral) agency, this book brings together specially commissioned essays by the leading scholars in the field.
Download or read book Intent in Islamic Law written by Paul R. Powers and published by BRILL. This book was released on 2006 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first broad study of the treatment of intent in Islamic law, examining ritual, commercial, family, and penal law and providing new insights into Muslim understandings of law, religious ritual, action, agency, and language.
Download or read book Faces of Intention written by Michael Bratman and published by Cambridge University Press. This book was released on 1999-01-13 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays is concerned with deepening our understanding of the notion of intention.
Download or read book Anscombe s Intention written by John Schwenkler and published by Oxford University Press. This book was released on 2019-10-02 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written against the background of her controversial opposition to the University of Oxford's awarding of an honorary degree to Harry S. Truman, Elizabeth Anscombe's Intention laid the groundwork she thought necessary for a proper ethical evaluation of actions like the bombing of Hiroshima and Nagasaki. The devoutly Catholic Anscombe thought that these actions made Truman a murderer, and thus unworthy of the university's honor-but that this verdict depended on an understanding of intentional action that had been widely rejected in contemporary moral philosophy. Intention was her attempt to work out that understanding and argue for its superiority over a conception of intention as an inner mental state. Though recognized universally as one of the definitive works in analytic philosophy of action, Anscombe's book is often dismissed as unsystematic or obscure, and usually read through the lens of philosophical concerns very far from her own. Schwenkler's Guide offers a careful and critical presentation of Anscombe's main lines of argument at a level appropriate to advanced undergraduates but also capable of benefiting specialists in action theory, moral philosophy, and the history of analytic philosophy. Further, it situates Intention in a context that emphasizes Anscombe's debts to Aristotle, Aquinas, and Wittgenstein, and her engagement with the work of contemporaries like Gilbert Ryle and R.M. Hare, inviting new avenues of engagement with the ideas of historically important philosophers.
