Download or read book Law Morality and Discursive Rationality written by Aulis Aarnio and published by . This book was released on 1989 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Fundamentals of Legal Argumentation written by Eveline T. Feteris and published by Springer. This book was released on 2017-07-10 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, Artificial Intelligence and law, and the pragma-dialectical theory of legal argumentation. Furthermore it provides an extensive and systematic overview of approaches and studies of legal argumentation in the context of legal justification in various legal systems and countries that have been important for the development of research of legal argumentation. The book contains a discussion of influential theories that conceive the law and legal justification as argumentative activity. From different disciplinary and theoretical angles it addresses such topics as the institutional characteristics of the law and the relation between general standards for moral discussions and legal standards such as the Rule of Law. It discusses patterns of legal justification in the context of different types of problems in the application of the law and it describes rules for rational legal discussions. The combination of the sound basis of the first edition and the discussions of new developments make this new edition an up-to-date and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as major approaches and trends in the contemporary research. It surveys the relevant theoretical factors both from various continental law traditions and common law countries.

Download or read book Habermas on Law and Democracy written by Michel Rosenfeld and published by Univ of California Press. This book was released on 2023-12-22 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first essay, Habermas himself succinctly presents the centerpiece of his theory: his proceduralist paradigm of law. The following essays comprise elaborations, criticisms, and further explorations by others of the most salient issues addressed in his theory. The distinguished group of contributors—internationally prominent scholars in the fields of law, philosophy, and social theory—includes many who have been closely identified with Habermas as well as some of his best-known critics. The final essay is a thorough and lengthy reply by Habermas, which not only engages the most important arguments raised in the preceding essays but also further elaborates and refines some of his own key contributions in Between Facts and Norms. This volume will be essential reading for philosophers, legal scholars, and political and social theorists concerned with understanding the work of one of the leading philosophers of our age. These provocative, in-depth debates between Jürgen Habermas and a wide range of his critics relate to the philosopher's contribution to legal and democratic theory in his recently published Between Facts and Norms. Drawing upon his discourse theory, Habermas has elaborated a novel and powerful account of law that purports to bridge the gap between democracy and rights, by conceiving law to be at once self-imposed and binding.

Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Enrico Pattaro and published by Springer Science & Business Media. This book was released on 2016-07-13 with total page 1952 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.

Download or read book Varieties of Multiple Modernities written by and published by BRILL. This book was released on 2015-11-24 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: To date, the nascent consequential notion of ‘multiple modernities’ has been predominately grounded in historical research with the purpose of validating the theory. Yet, the notion of multiple modernities represents a radical transformation in the way modernity and, indeed, the contemporary world is viewed. As such, the central aim of this volume is to explore the implications and hidden understanding of the multiple modernities research project beyond historical analysis in order to investigate its wide ranging omnipresent implications as they exist in communication and in the social order of societal membership in contemporary societies. This volume collects new research about multiple modernities and globalization. It shows the new turn of sociological theory in the contemporary scene with respect to multiple modernities, multi-centrism, transglobality, hybridization and multiculturalism, and explores it as a new area of societal communication – one that takes effect in the sectors of a global society as a ‘society of societies’. The studies in this book converge to demonstrate that the route of Western modernization, its cultural program and its institutional structure, does not follow the pathway of modernization that we have thus far observed in the emerged new area. Rather, the continuation of the multiple modernities research program is given a new design, researching the social structure and dynamic of postmodern societies, their exchange and the debate about the flow of free resources. But the studies are also evidence that the sociological theory has no normative foundation. Contributors are: Mehdi P. Amineh, Barrie Axford, Eliezer Ben-Rafael, Shmuel N. Eisenstadt, Mark Jarzombek, Werner Krawietz, Judit Bokser Liwerant, Manussos Marangudakis, Jan Nederveen Pieterse, Gerhard Preyer, Roland Robertson, Luis Roniger, Yitzhak Sternberg, and Michael Sussman.

Download or read book MacCormick s Scotland written by Neil Walker and published by Edinburgh University Press. This book was released on 2012-03-26 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Gedenkschrift to one of Scotland's most prominent jurists and legal thinkers.

Download or read book Kant on Freedom and Rational Agency written by Markus Kohl and published by Oxford University Press. This book was released on 2023-07-06 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kant on Freedom and Rational Agency provides a novel interpretation and rational reconstruction of Kant's doctrine of freedom. Markus Kohl shows how Kant defends the belief that we are free from foreign (natural and super-natural) causes as a presupposition of all meaningful human activity. While this interpretation focuses on the essential role that freedom of will plays in our moral agency, it also examines how our status as rational cognitive agents hinges on our freedom of thought, and why our aesthetic engagement with beauty requires our freedom of imagination. Kohl thereby gives a compelling sense of Kant's estimation that freedom is a "cardinal point"--even the "keystone"--of his entire critical philosophy. Kant's doctrine of freedom emerges in this account as a systematic critique of a naturalistic worldview which regards all our capacities, representations, and actions as the causal upshot of natural laws and forces. Kant holds that the naturalistic worldview fatally undermines our self-conception as rational agents. This critique of naturalism culminates in the argument that naturalistic cognizers cannot explain away our freedom from natural forces because they must presuppose such a freedom in their own cognitive efforts to devise rationally valid naturalistic theories.

Download or read book Habermas written by Matthew G. Specter and published by Cambridge University Press. This book was released on 2010-09-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book follows postwar Germany's leading philosopher and social thinker, Jürgen Habermas, through four decades of political and constitutional struggle over the shape of liberal democracy in Germany. Habermas's most influential theories - of the public sphere, communicative action, and modernity - were decisively shaped by major West German political events: the failure to de-Nazify the judiciary, the rise of a powerful Constitutional Court, student rebellions in the late 1960s, the changing fortunes of the Social Democratic Party, NATO's decision to station nuclear weapons, and the unexpected collapse of East Germany. In turn, Habermas's writings on state, law, and constitution played a critical role in reorienting German political thought and culture to a progressive liberal-democratic model. Matthew Specter uniquely illuminates the interrelationship between the thinker and his culture.

Download or read book Constitutionalism versus legalism written by Eugene E. Dais and published by Franz Steiner Verlag. This book was released on 1991 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Content: Sprache, Recht und Rechtsverbindlichkeit: R. Fukawa: An Analysis of the aeRules of Recognition Statement' u W. Krawietz: What does it mean to follow an aeInstitutionalised Legal Rule'? u N. MacCormick: Citizens' Legal Reasoning and its Importance for Jurisprudence u Y. Morigiwa: Hart's Theories of Language and Law u R.Tuomela: Supervenience, Collective Action, and Kelsen's Organ Theory uRecht und politische Kultur: G. Haney: Recht als Form von Kultur u A. Kojder: Dysfunctionalities of Legal Cultur u A. Lopatka: Law and Religion in Poland u M. Samu: Culture and Law: Legal Culture uWerteordnung als ideologische Basis des Rechtsstaats: R. Dreier: Konstitutionalismus und Legalismus u O. Maenpaa: Unilaterality and Consensualism in the Application of Law u K.-F. Lenz: Zivilprozea und Spiel u M. Pavcnik: Ideologie der Rechtsanwendung versus argumentierte Rechtsentscheidung u J. Uusitalo: Legal Dogmatics, Epistemology, Radical Hermeneutics u Entwicklung der Rechtsordnung und soziale Gerechtigkeit: V. Luizzi: Legal Validity and Justice u H. Rottleuthner: Recht und Technik in entwicklungstheor. Perspektive u S. Panou: Uber die aeGerechtigkeit' des Rechts u A. Squella: Legal Positivism and Democracy in the 20. Century u D. Wyduckel: Konsens und gesellschaftlich-technischer Fortschritt u Soziale Mechanismen der Rechtsanwendung und Rechtsfindung: H. Aoi: Richterliche Rechtsfindung als Pattern-Matching-Prozea uu.a. (Franz Steiner 1991)

Download or read book Rationality Rules and Ideals written by Walter Sinnott-Armstrong and published by Rowman & Littlefield. This book was released on 2002 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bernard Gert's moral theory is among the clearest and most comprehensive on the contemporary scene. It touches on elements of the dominant ethical orientations---utilitarianism, Kantianism, contractionism, and virtue ethics--without fitting neatly into any of those categories. For that reason, Gert's moral theory appeals to many ethicists dissatisfied with each of the dominant formulations. Rationality, Rules, and Ideals presents Gert's Morality, the reactions by a number of prominent scholars, and Gert's response. All told, it is a remarkably wide-ranging study of ethical theory. The work is broken down into six parts, making Rationality, Rules, and Ideals perfect for a broad-ranging course on ethical theory, following Gert's critiques of utilitariansim, Kantianism, and virtue ethics. Both students and professionals will find much material to work with in this volume. The papers contribute not only to the understanding of Gert's wide-ranging theory but to a number of important topics in ethic theory, the theory of rationality, and applied ethics.

Download or read book Legal system and practical reason written by Hans-Joachim Koch and published by Franz Steiner Verlag. This book was released on 1994 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aus dem Inhalt: A. Aarnio: One Right Answer and the Majority Principle - H. Aoi: Fikentschers Theorie der Fallnorm - J. A. G. Amado: Justicia, Democracia y Validez del Derecho en J. Habermas - O. Ballweg: Phronesis versus Practical Philosophy - J. Bengoetxea: Legal System as a Regulative Ideal - N. Brieskorn: Die Kantische Maxime und die richterliche Rechtsanwendung - D. Buchwald: Rational Legal Justification - E. Bulygin: On Legal Interpretation - N. MacCormick and J. Wroblewski: On Justification and Interpretation - U. Dopfer: Ontologie der sozialen Rolle als Grundlage strafrechtlicher Entscheidungen - V. Frosini: Prolegomena zur Auslegung des Rechts - A. Gangel: Rechtsprechung, Rechtsanwendung und Vernunftsgebrauch - M. P. Golding: Substantive Interpretation in Common Law Elaboration - M. van Hoecke: The Use of Unwritten Legal Principles by Courts - H.-R. Horn: Are there Several Theories of Legal Argumentation? - R. Kevelson: The Confusion of Language in Legal Thought - F. Lachmayer: Visualisierung in der Rechtswissenschaft - P. J. van Niekerk: The Relevance of the Distinction between Legal Principles and Legal Rules - M. Pavcnik: "Rechtsanwendung" oder normative Konkretisierung des Gesetzes? - A. Peczenik: Why shall Legal Reasoning be Coherent? - K. Pleszka: Empirisches Wissen als Grundlage der teleologischen Interpretation - u.a.

Download or read book Communicative Rationality and Deliberative Democracy of J rgen Habermas written by Ukoro Theophilus Igwe and published by LIT Verlag Münster. This book was released on 2004 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically investigates Jurgen Habermas's attempt to develop communicative conception of human rationality. It explores Habermas's fundamental commitment to the practical import and ramifications of communicative rationality in the field of African political philosophy. Within this context, Habermas's ambitious project to reconcile law, justice, and democracy is wide-ranging. This work explores how it is, among other things, that deliberative institutions can become more democratic through, as Dewey put it, "improvements in the methods and conditions of debate, discussion and persuasion".

Download or read book Revolution and Human Rights written by Werner Maihofer and published by Franz Steiner Verlag. This book was released on 1990 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Content: I. Revolution and Law: H.P. Glenn: Law, Revolution and Rights u M.A. Simon: Must a Revolution Preserve Rights? u C. Wellman: Locke's Right to Revolution Reexamined u W.E. Murnion: Aquinas on Revolution u Shing-I Liu: Menschenrecht, Widerstandsrecht u. Revolution u II. Human Rights and Democracy: A. Mineau: L'origine des droits de l'homme u H. Kochler: Menschenrechtskonformitat demokrat. Systeme u M. Scheinin: Legal Protection of Human Rights and Different Conceptions of Democracy u J.F. Doyle: Fulfilling Revolutionary Promises u N. Lopez-Calera: Naturaleza dialectica de los derechos humanos u J. Wetlesen: Inherent Dignity as a Ground of Human Rights u M.-R. Ollila: Virtue Ethics and Violations of Human Rights u P. Duran y Lalaguna: Human Rights in Democratic Society u C.B. Gray: Fraternity and Nonobstante u III. Human Rights and International Law: A. Bragyova: Is it Possible to Base Human Rights on Internaional Law? u L. Lukaszuk: The Concept of Protection of Human and Civic Rights According to the Principles and Rules of Both the International and Constitutional Law u A.N. Georgiadou: Les droits fondamentaux en droit communautaire u IV. Human Rights and Socialism: K.A. Mollnau: Entwicklungsdenken in der Rechtswissenschaft u W. Sokolewicz: Constitutionality as a Precondition of the Rule of Law u R. Wieruszewski: The Principle of Interrelation Between Human Rights and Duties u P.D. Swan: The Contributions of J. Habermas and C. Lefort u A. Lopatka: Revolution and Socialist Renewal in Poland u M. Samu: The Connection Between Human Rights and Democracy u D.J. Galligan: The Foundations of Due Process in Socialism u R. Bellamy: Liberal Rights and Socialist Goals . (Franz Steiner 1990)

Download or read book Philosophical Discussion in Moral Education written by Tim Sprod and published by Routledge. This book was released on 2003-10-04 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years there has been an increase in the number of calls for moral education to receive greater public attention. In our pluralist society, however, it is difficult to find agreement on what exactly moral education requires. Philosophical Discussion in Moral Education develops a detailed philosophical defence of the claim that teachers should engage students in ethical discussions to promote moral competence and strengthen moral character. Paying particular attention to the teacher's role, this book highlights the justification for, and methods of, creating a classroom community of ethical inquiry.

Download or read book Kant and the Scottish Enlightenment written by Elizabeth Robinson and published by Routledge. This book was released on 2017-06-26 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most academic philosophers and intellectual historians are familiar with the major historical figures and intellectual movements coming out of Scotland in the 18th Century. These scholars are also familiar with the works of Immanuel Kant and his influence on Western thought. But with the exception of discussion examining David Hume’s influence on Kant’s epistemology, metaphysics, and moral theory, little attention has been paid to the influence of the Scottish Enlightenment thinkers on Kant’s philosophy. This volume aims to fill this perceived gap in the literature and provide a starting point for future discussions looking at the influence of Hume, Thomas Reid, Adam Smith, and other Scottish Enlightenment thinkers on Kant’s philosophy.

Download or read book The Moral Law written by Edward John Hamilton and published by . This book was released on 1902 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Foundations of Christian Bioethics written by Hugo Tristram Engelhardt and published by Taylor & Francis. This book was released on 2000 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades, Engelhardt has alluded to the ethics that binds moral friends. While his 'Foundations of Bioethics' explored the sparse ethics binding moral strangers, this long-awaited volume addresses the morality at the foundations of Christian bioethics. The volume opens with an analysis of the marginalization of Christian bioethics in the 1970s and the irremedial shortcomings of secular ethics in general. Drawing on the Christianity of the first millennium, Engelhardt provides the ontological and epistemological foundations for a Christian bioethics that can remedy the onesidedness of a secular bioethics and supply the bases for a Christian bioethics. The volume then addresses issues from abortion, third-party-assisted reproduction, and cloning, to withholding and withdrawing treatment, physician-assisted suicide, and euthanasia. Practices such as free and informed consent are relocated within a traditional Christian morality. Attention is also given to the allocation of scarce resources in health care, and to the challenge of maintaining the Christian identity of physicians, nurses, patients, and health care institutions in a culture that is now post-Christian.