Download or read book Pragmatics and Law written by Alessandro Capone and published by Springer. This book was released on 2016-05-02 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume highlights important aspects of the complex relationship between common language and legal practice. It hosts an interdisciplinary discussion between cognitive science, philosophy of language and philosophy of law, in which an international group of authors aims to promote, enrich and refine this new debate. Philosophers of law have always shown a keen interest in cognitive science and philosophy of language in order to find tools to solve their problems: recently this interest was reciprocated and scholars from cognitive science and philosophy of language now look to the law as a testing ground for their theses. Using the most sophisticated tools available to pragmatics, sociolinguistics, cognitive sciences and legal theory, an interdisciplinary, international group of authors address questions like: Does legal interpretation differ from ordinary understanding? Is the common pragmatic apparatus appropriate to legal practice? What can pragmatics teach about the concept of law and pervasive legal phenomena such as testimony or legal disagreements?

Download or read book Pragmatics and Law written by Francesca Poggi and published by Springer. This book was released on 2016-12-01 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the second part of a project which hosts an interdisciplinary discussion about the relationship among law and language, legal practice and ordinary conversation, legal philosophy and the linguistics sciences. An international group of authors, from cognitive science, philosophy of language and philosophy of law question about how legal theory and pragmatics can enrich each other. In particular, the first part is devoted to the analysis of how pragmatics can solve problems related to legal theory: What can pragmatics teach about the concept of law and its relationship with moral, and, in particular, about the eternal dispute between legal positivism and legal naturalism? What can pragmatics teach about the concept of law and/or legal disagreements? The second part is focused on legal adjudication: it aims to construct a pragmatic apparatus appropriate to legal trial and/or to test the tenure of the traditional pragmatics tools in the field. The authors face questions such as: Which interesting pragmatic features emerge from legal adjudication? What pragmatic theories are better suited to account for the practice of judgment or its particular aspects (such as the testimony or the binding force of legal precedents)? Which pragmatic and socio-linguistic problems are highlighted by this practice?

Download or read book Meta theory of Law written by Mathieu Carpentier and published by John Wiley & Sons. This book was released on 2022-08-24 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is devoted to the theory of legal theory, also referred to as the "meta-theory of law". The aim of this emerging discipline is to determine the objectives, aims and methods of legal theory, and to establish the conditions of possibility as well as the validity criteria for theoretical discourse on law. The contributions in this book provide an overview of these aspects through different perspectives and approaches. The very purpose of legal theory has been disputed and the subject area is currently subject to increasing cross-fertilization between different, and sometimes diverging, traditions. Meta-theory of Law assesses these emerging trends by questioning two basic objects of legal theory, the "nature" and the "science" of law.

Download or read book Legal Interpretation and Scientific Knowledge written by David Duarte and published by Springer Nature. This book was released on 2019-09-25 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.

Download or read book Jurisprudence in the Mirror written by Luka Burazin and published by Oxford University Press. This book was released on 2024-09-11 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is something quite puzzling about the global conversation on jurisprudence. On the one hand, jurisprudence is supposed to deal with abstract questions concerning the nature, structure, and distinctive features of the law. These questions are not tightly associated with, or dependent on, the particular legal practices in one jurisdiction or another. But, on the other hand, it seems that jurisprudents are tacitly affected by their background institutional context: there is an evident divide between theorizing about the law in the civil law world and in the common law world. Jurisprudence in the Mirror: The Common Law World Meets the Civil Law World systematically presents the major achievements of contemporary civil law jurisprudence to the common law world and bridges the gap in analytic jurisprudence as it is currently practiced in the two traditions. The volume seeks to bring different voices to the table and overcome the cultural and linguistic divides that have created barriers in philosophical exchanges. The book's structure is dialogical: it includes twelve essays written by prominent and influential jurisprudents from the civil law world, each followed by a response by a jurisprudent from the common law world. This approach highlights what the two worlds share, where they part ways, and why. The varied contributions reveal how their respective legal traditions shape fundamental legal concepts and jurisprudential debates and will be invaluable to readers from both the civil and common law worlds.

Download or read book Interpretation without Truth written by Pierluigi Chiassoni and published by Springer. This book was released on 2019-06-12 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter 2 presents a conceptual apparatus concerning the phenomenon of legal interpretation, which it subsequently applies to investigate the truth-in-legal-interpretation issue. Chapters 3 to 6 argue for a theory of legal interpretation - pragmatic realism - by outlining a theory of interpretive games, revisiting the debate between literalism and contextualism in contemporary philosophy of language, and underscoring the many shortcomings of the container-retrieval view and pragmatic formalism. In turn, Chapter 7, focusing on comparative legal theory, advocates an interpretation-sensitive theory of legal gaps, as opposed to purely normativist ones. Chapter 8 explores the connection between judicial reasoning and judicial fictions, casting light on the structure and purpose of fictional reasoning. Chapter 9 provides an analytical enquiry into judicial precedent, examining a variety of ideal-typical systems in terms of their normative or de iure relevance. Chapter 10 addresses defeasibility and legal indeterminacy. In closing, Chapter 11 highlights the central tenets of a realistic theory of legislation.

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 Data Protection by Design in the E Health Care Sector written by Giorgia Bincoletto and published by . This book was released on 2021 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the digital age, e-health technologies play a pivotal role in the processing of medical information. As personal health data represent sensitive information concerning a data subject, enhancing data protection and security of systems and practices has become a primary concern. This book explores how an e-health system could be developed and how data processing activities could be carried out to apply data protection principles and requirements from the design stage. There is currently a lack of clarity and knowledge on the topic among developers, data controllers and stakeholders. The research attempts to bridge the gap between the legal and technical disciplines on DPbD by providing a set of guidelines for the implementation of the principle in the e-health care sector.

Download or read book Bi and multilingual universities European perspectives and beyond written by Daniela Veronesi and published by University Press Bozen. This book was released on 2009 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of the proceedings of the 3rd conference on bi- and multilingual universities, held at the Free University of Bozen-Bolzano from 20 to 22 September 2007, tries to give a state-of-the-art insight into theoretical and practical approaches towards implementing bi- and multilingual models and policies in higher education institutions in various parts of the world.

Download or read book Argumentation Schemes written by Douglas Walton and published by Cambridge University Press. This book was released on 2008-08-04 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic analysis of many common argumentation schemes and a compendium of 96 schemes. The study of these schemes, or forms of argument that capture stereotypical patterns of human reasoning, is at the core of argumentation research. Surveying all aspects of argumentation schemes from the ground up, the book takes the reader from the elementary exposition in the first chapter to the latest state of the art in the research efforts to formalize and classify the schemes, outlined in the last chapter. It provides a systematic and comprehensive account, with notation suitable for computational applications that increasingly make use of argumentation schemes.

Download or read book Security and Migration in the 21st Century written by Elspeth Guild and published by Polity. This book was released on 2009-09-28 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 21st century has brought new and challenging dimensions to our understanding of security and migration. The old Cold War framework of security as related to war and peace, international relations and foreign affairs has given way to a multiplicity of competing notions, including internal security, human security and even social security. At the same time, migration has become a hotly contested issue, characterised by an enormous difference of views and objectives. So what do we mean by security and migration in the contemporary world? How do these two important fields intersect? And what does this collision of policy concerns and public interests mean for states and individuals alike? In this cutting-edge book, Elspeth Guild seeks to answer these pressing questions, drawing on a wide range of recent examples from the impact of asylum seekers on state border security to identity security in citizenship rules to illustrate her arguments. By approaching the topic from the perspective of the individual – citizen of one state, migrant in another – the book examines key aspects of the security-migration nexus, such as the relationship with refugees; torture; extraordinary rendition; privacy and the retention of personal data; and human rights’ protection. The first volume in Polity’s new ‘Dimensions of Security’ series, this book is a must-read for all students of international politics, development studies and related fields.

Download or read book Neutrality and Theory of Law written by Jordi Ferrer Beltrán and published by Springer Science & Business Media. This book was released on 2013-04-03 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.

Download or read book Contextualism in Philosophy written by Gerhard Preyer and published by Clarendon Press. This book was released on 2005-08-11 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: In epistemology and in philosophy of language there is fierce debate about the role of context in knowledge, understanding, and meaning. Many contemporary epistemologists take seriously the thesis that epistemic vocabulary is context-sensitive. This thesis is of course a semantic claim, so it has brought epistemologists into contact with work on context in semantics by philosophers of language. This volume brings together the debates, in a set of twelve specially written essays representing the latest work by leading figures in the two fields. All future work on contextualism will start here.

Download or read book Italian Populism and Constitutional Law written by Giacomo Delledonne and published by Palgrave Macmillan. This book was released on 2020-02-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume explores the relationship between constitutionalism and populism in the Italian context. Italian populism is of interest to comparative lawyers for many reasons. Firstly, the country has a long-lasting tradition of anti-parliamentarism over the course of its history as a unitary state. After the 2018 general election, it has turned into the first European country in which two self-styled populist parties formed a coalition government. Although it collapsed in August 2019, many issues that it had raised remain. Secondly, as Italy is a founding member of the European Communities, the constitutional implications of populist politics have to be considered not only within the national framework but also in a wider context. This book argues that the relationship between populism and constitutionalism should not be seen in terms of mutual exclusion and perfect opposition. Indeed, populism frequently relies on concepts and categories belonging to the language of constitutionalism (majority, democracy, people), offering a kind of constitutional counter-narrative.

Download or read book The True and the False written by Charles Travis and published by John Benjamins Publishing. This book was released on 1981-01-01 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pragmatics often begins by supposing that specifying and describing truth bearers is a proper task for semantics. The main thrust of the present work is to show why truth and truth bearers lie essentially beyond the descriptive reach of semantics, and to outline a theory of truth bearers as a proper and fundamental task for pragmatics. It is also common for treatments, or definitions of truth to be confused with substantive theories about truth bearers, with a variety of unfortunate results. This monograph suggests a way of separating these tasks, and shows how many problems are thus avoided. Some emphasis is placed on the generally universal — i.e., nonlanguage-specific — character of pragmatic topics, and of truth. These issues occasion a discussion of semantic paradoxes, and of several relativities in the notion of truth.

Download or read book Psychoanalysis and Neuroscience written by Mauro Mancia and published by Springer Science & Business Media. This book was released on 2007-04-29 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent scientific studies have brought significant advances in the understanding of basic mental functions such as memory, dreams, identification, repression, which constitute the basis of the psychoanalytical theory. This book focuses on the possibility of interactions between psychoanalysis and neuroscience: emotions and the right hemisphere, serotonin and depression. It is a unique tool for professionals and students in these fields, and for operators of allied disciplines, such as psychology and psychotherapy.

Download or read book Literal Meaning written by François Recanati and published by Cambridge University Press. This book was released on 2004 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a provocative contribution to the current debate about the best delimitation of semantics and pragmatics. Is 'What is said' determined by linguistic conventions, or is it an aspect of 'speaker's meaning'? Do we need pragmatics to fix truth-conditions? What is 'literal meaning'? To what extent is semantic composition a creative process? How pervasive is context-sensitivity? Recanati provides an original and insightful defence of 'contextualism', and offers an informed survey of the spectrum of positions held by linguists and philosophers working at the semantics/pragmatics interface.