Download or read book Man Law and Modern Forms of Life written by Eugenio Bulygin and published by Springer Science & Business Media. This book was released on 1985-06-30 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Proceedings of the 11th IVR World Congress on Philosophy of Law and Social Philosophy ... held on August 14-20, 1983 in Helsinki"--Introd.
Download or read book The Rational as Reasonable written by Aulis Aarnio and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowned scholars. Legal philosophy should not be considered a narrowly circumscribed field. Insights into law and legal institutions can come from diverse disciplines on a wide range of topics. Among the relevant disciplines or perspectives con tributing to legal philosophy, besides law and philosophy, are anthropology, economics, political science, and sociology. Among the topics included in legal philosophy are theories of law; the concepts of law and legal institutions; legal reasoning and adjudication; epistemological issues of evidence and pro cedure; law and justice, economics, politics, or morality; legal ethics; and theories oflegal fields such as criminal law, contracts, and property.
Download or read book Affective legal analysis written by Frank Fleerackers and published by Duncker & Humblot. This book was released on 2019 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indeed, if the legal field is to be understood as instrumental to democracy's cohabitation of individuals, research on dispute resolution remains pre-eminent as a means to understand how individual views differ and how different views can be overcome. As a central part of conflict analysis, such research would assist an interdisciplinary quest for a dynamic understanding of democracy and law. It would focus on how different individuals with different conceptions of the good can live together in their community, in their world. Scientific research in the fields of communication, economics, psychology, history, political theory and philosophy, to name but a few, would side with legal theory in a shared ambition to analyze the way individuals are affected by their views as well as by their institutions, in order to provide society with a dynamic means to solve conflicts and enhance citizenship or legal awareness. Such research necessarily coincides with empathy-oriented education, directed towards an understanding of different conflict positions and the related comprehensive or non-comprehensive views affecting them. An affective education, analyzing all affective mechanisms of societal or interpersonal disputes and their legal or alternative resolution. A clinical education, offering an interactive simulation with regard to these positions and their affective impact, demonstrating how individual views continuously affect the positions taken, how disputes are affected by the legal or other institutions that attempt to solve them, and how the effectiveness of legal or other solutions to the conflict at hand depends on a practice of affective legal analysis. Thus legal and civic education, by way of affective narration and clinical simulation, join affective legal analysis in its endeavor to provide society with a similarly affective and non-rationalizing approach of legal awareness.
Download or read book The Phenomenology of Modern Legal Discourse written by William E. Conklin and published by Taylor & Francis. This book was released on 2024-05-01 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1998, The Phenomenology of Modern Legal Discourse recovers the suffering which is concealed as lawyers, judges and other legal officials resignify a harm through the special vocabulary and grammar which constitutes legal language. At the moment of re-signification, an untranslatable gap erupts between the knowers’ special language and the embodied meanings of the non-knower. The Phenomenology claims that the gap can be unconcealed if the knowers of the special language reconsider their assumptions about legal meaning, the body and desire. With a broad grasp of diverse problematics from the legal procedures, legal discourses and legal theory of three jurisdictions to exemplify his claims, the author interweaves arguments which draw from Edmund Husserl’s and Maurice Merleau Ponty’s insights about meaning. The author's effort demonstrates how one may unconceal lived laws through a re-reading of the role of the experiential body in legal signification. The author’s effort to retrieve the embodiment of legal meaning de-stabilizes deep assumptions of contemporary lawyers and legal theorists.
Download or read book The Philosophy of Law written by Christopher Berry Grey and published by Routledge. This book was released on 2013-07-04 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods
Download or read book Methods of Legal Reasoning written by Jerzy Stelmach and published by Springer Science & Business Media. This book was released on 2006-09-03 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Methods of Legal Reasoning describes and criticizes four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. The book takes the unusual approach of discussing in a single study four different, sometimes competing concepts of legal method. Sketched this way, the panorama allows the reader to reflect deeply on questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method.
Download or read book The Legal Order written by Åke Frändberg and published by Springer. This book was released on 2018-08-16 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this monograph a fundamental distinction is made between law and juridical thinking. Law is the content of legal rules and the systems of legal rules. Juridical thinking is the handling of the law by the lawyers. To this distinction corresponds a basic distinction between the language of law and the language of juridical thinking, and correlatively, between L-concepts (law concepts) and J-concepts (juridical or jurisprudential concepts). The monograph is devoted to the J-concepts, especially of technical (not ideological or evaluative) J-concepts. Four kinds of J-concepts are investigated: morphological J-concepts, those that help us to structure the law in a logical and functional way; topological J-concepts, those that help us to indicate the phenomena to which the law is applicable, and to separate the areas of application for different legal systems; praxeological J-concepts, those that help us to explore the relations between law and action, and methodological J-concepts, those that help us to describe the methods of the professional-juridical handling of the law. The work can be characterised as presenting a lawyer ́s philosophy of law.
Download or read book Juristic Concept of the Validity of Statutory Law written by Andrzej Grabowski and published by Springer Science & Business Media. This book was released on 2013-06-24 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the theory of the validity of legal norms, aimed at the practice of law, in particular the jurisdiction of the constitutional courts. The postpositivist concept of the validity of statutory law, grounded on a critical analysis of the basic theories of legal validity elaborated up to now, is introduced. In the first part of the book a contemporary German nonpositivist conception of law developed by Ralf Dreier and Robert Alexy is analysed in order to answer the question whether the juristic concept of legal validity should include moral standards or criteria. In the second part, a postpositivist concept of legal validity and an innovative model of validity discourse, based on the juristic presumption of the validity of legal norms, are proposed. The book is a work on analytical legal theory, written from a postpositivist, detached point of view.
Download or read book Facts and Values written by M.C. Doeser and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The answer to philosophical questions will often depend on the position one takes regarding the fact-value problem. It is, therefore, not surprising that, in the tradition of western philosophy, the past 200 years or so record an animated discussion of it. In the present collection the debate is continued by representatives of various "schools" in contemporary western thought. A number of philosophers from non-western cultures, too, enter into it. The contributions do not all reflect on the same theme, nor do they use the same approach. Essays written by philosophers sympathetic to the analytical tradition are followed by reflections on the part of those inspired by phe nomenology. A third group of contributions is by non-western thinkers, who are more likely to approach the problem in terms of culture. Their engage ment with the issue clearly shows, among other things, that it is almost exclusively in the western tradition that the fact-value distinction is often understood as an outright dichotomy. The occasion for the publication of this collection is Dr. Cornelis Anthonie van Peursen's retirement as Professor of Philosophy. This year he leaves the Free University, Amsterdam; until 1982 he was professor at the University of Leyden as well. In the Netherlands and beyond he has become known for his concern with constructive comparison of diverging philosophical trends and the cross-cultural fertilization of thought. Characteristic of his career are his efforts to render the results of academic philosophizing understand able to a broader audience.
Download or read book Ethical Dimensions of Legal Theory written by and published by BRILL. This book was released on 2021-11-15 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book What is Good and What God Demands written by Tzvi (Michael) Novick and published by BRILL. This book was released on 2010-09-24 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: The normative rhetoric of tannaitic literature (the earliest extant corpus of rabbinic Judaism) is predominantly deontological. Prior scholarship on rabbinic supererogation, and on points of contact with Greco-Roman virtue discourse, has identified non-deontological aspects of tannaitic normativity. However, these two frameworks overlook precisely the productive intersection of deontological with non-deontological, the first because supererogation defines itself against obligation, and the second because the Greco-Roman comparate discourages serious treatment of law-like elements. This book addresses ways in which alternative normative forms entwine with the core deontological rhetoric of tannaitic literature. This perspective exposes, inter alia, echoes of the post-biblical wisdom tradition in tannaitic law, the rich polyvalence of the category mitzvah, and telling differences between the schools of Akiva and Ishmael.
Download or read book The Secret Chain written by Michael Bradie and published by SUNY Press. This book was released on 1994-12-15 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents Preface Acknowledgments 1 Ethics and Evolution The Secret Chain Epistemology from an Evolutionary Point of View Ethics from an Evolutionary Point of View Morals and Models Evolution and Ethics 2 Altruism, Benevolence, and Self-Love in Eighteenth Century British Moral Philosophy Introduction Benevolence and Self-Love from Hobbes to Mackintosh The Eighteenth Century Legacy 3 The Moral Realm of Nature: Nineteenth Century Views on Ethics and Evolution Introduction Natural Facts and Natural Values Nature, Culture, and Conflict 4 Human Nature Introduction The Concept of Human Nature Human Nature and Moral Theory Human Nature and Ideology Does Darwinism Undermine the Concept of Human Nature? 5 Three Contemporary Approaches to Evolutionary Ethics Introduction The Wisdom of the Genes: The Sociobiology of Ethics Richard Alexander and the Biological Basis of Morality Robert Richards and the Revised Theory General Conclusion 6 Darwinism and the Moral Status of Animals Introduction Singer's Expanding Circle Argument James Rachels on "Moral Individualism" Rodd on the Rights of Animals and Our Duties Toward Them Conclusion 7 Final Reflections Summary of the Argument The Biological Roots of Morality The Relevance of Darwin for Moral Philosophy Bibliography Index
Download or read book Essays in Legal Philosophy written by Eugenio Bulygin and published by OUP Oxford. This book was released on 2015-07-09 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eugenio Bulygin is a distinguished representative of legal science and legal philosophy as they are known on the European continent - no accident, given the role of the civil law tradition in his home country, Argentina. Over the past half-century, Bulygin has engaged virtually all major legal philosophers in the English-speaking countries, including H.L.A. Hart, Ronald Dworkin, and Joseph Raz. Bulygin's essays, several written together with his eminent colleague and close friend Carlos E. Alchourrón, reflect the genre familiar from Alf Ross's On Law and Justice, Hans Kelsen's Pure Theory of Law, and Georg Henrik von Wright's Norm and Action. Bulygin's wide-ranging interests include most of the topics found under the rubric of analytical jurisprudence - interpretation and judicial reasoning, validity and efficacy of law, legal positivism and the problem of normativity, completeness and consistency of the legal system, the nature of legal norms, and the role of deontic logic in the law. The reader will take delight in the often agreeably unorthodox character of Bulygin's views and in his hard-hitting arguments in defence of them. He challenges the received opinion on gaps in the law, on legal efficacy, on permissory norms, and on the criteria for legal validity. Bulygin's essays have been wellnigh inaccessible in the past, appearing in specialized journals, often in Spanish or German. They are now available for the first time in an English-language collection.
Download or read book The Philosophy of Law written by Christopher Berry Gray and published by Taylor & Francis. This book was released on 1999 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of:The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and to.
Download or read book In Search of a New Humanism written by M.R. Egidi and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays presents a systematic and up-to-date survey of the main aspects of Georg Henrik von Wright's philosophy, tracing the general humanistic leitmotiv to be found in his vast, varied output. The analysis covers the developments in Von Wright's thought up to the end of the 1990s. The essays are arranged thematically to focus on the chief areas of Von Wright's interests: practical rationality; human action and determinism; philosophical logic and theories of norms; research in the analytical tradition; and Wittgenstein studies. Readership: Scholars and students of moral philosophy, logic, psychology, sociology, cognitive science and the history of contemporary philosophy.
Download or read book Expert Systems in Law written by Antonio Anselmo Martino and published by North Holland. This book was released on 1992 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Informatics is a cross-roads of disciplines, but it is also a forge for implementations that are transforming our society because they are transforming all forms of production. Law is, without a doubt, a very important social application domain of informatics. In the volume presented here, legal knowledge is considered mainly from the lawyer's point of view while taking into account the implementation of expert systems. It is a review of the best known theories of the representation of legal orders and systems in the light of the possibility of using more advanced computer tools. A solution to the problem of how to represent legal knowledge in such a way that it can be used by the inference engine of an expert system for making calculations and arriving at consequences is also proposed.
Download or read book Governing Affective Citizenship written by Marie Beauchamps and published by Rowman & Littlefield. This book was released on 2018-11-15 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates politics of denaturalisation as a system of thought that influences seminal cultural political values, such as community, nationality, citizenship, selfhood and otherness. The context of the analysis is the politics of citizenship and nationality in France. Combining research insights from history, legal studies, security studies, and border studies, the book demonstrates that the language of denaturalisation shapes national identity as a form of formal legal attachment but also, and more counter-intuitively, as a mode of emotional belonging. As such, denaturalisation operates as an instrumental frame to maintain and secure the national community. Going back to eighteenth-century France and to both World Wars, periods during which governments deployed denaturalisation as a technology against “threatening” subjects, the analysis exposes how the language of denaturalisation interweaves concerns about immigration and national security. It is this historical backdrop that helps understand the political impact of denaturalisation in contemporary counterterrorism politics, and what is at stake when borders and identities become affective technologies.
