Law In Philosophical Perspective

Author : Luc J. Wintgens
Publisher : Springer Science & Business Media
Page : 284 pages
File Size : 41,5 Mb
Release : 2013-04-17
Category : Philosophy
ISBN : 9789401593175

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The Law in Philosophical Perspectives by Luc J. Wintgens Pdf

In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.

Author : Carl Joachim Friedrich
Publisher : University of Chicago Press
Page : 309 pages
File Size : 41,6 Mb
Release : 1963
Category : Law
ISBN : 9780226264660

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The Philosophy of Law in Historical Perspective by Carl Joachim Friedrich Pdf

Author : Joel Feinberg,Hyman Gross
Publisher : Unknown
Page : 216 pages
File Size : 41,8 Mb
Release : 1977
Category : Jurisprudence
ISBN : STANFORD:36105043605802

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Law in Philosophical Perspective by Joel Feinberg,Hyman Gross Pdf

Author : Geert Keil,Ralf Poscher
Publisher : Oxford University Press
Page : 353 pages
File Size : 41,7 Mb
Release : 2016
Category : Law
ISBN : 9780198782889

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Vagueness and Law by Geert Keil,Ralf Poscher Pdf

Vague expressions are omnipresent in natural language. As such, their use in legal texts is virtually inevitable. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and places judges in the position to decide impartially. Vagueness poses a threat to these ideals. In borderline cases, the law seems to be indeterminate and thus incapable of serving its core rule of law value. In the philosophy of language, vagueness has become one of the hottest topics of the last two decades. Linguists and philosophers have investigated what distinguishes "soritical" vagueness from other kinds of linguistic indeterminacy, such as ambiguity, generality, open texture, and family resemblance concepts. There is a vast literature that discusses the logical, semantic, pragmatic, and epistemic aspects of these phenomena. Legal theory has hitherto paid little attention to the differences between the various kinds of linguistic indeterminacy that are grouped under the heading of "vagueness," let alone to the various theories that try to account for these phenomena. Bringing together leading scholars working on the topic of vagueness in philosophy and in law, this book fosters a dialogue between philosophers and legal scholars by examining how philosophers conceive vagueness in law from their theoretical perspective and how legal theorists make use of philosophical theories of vagueness. The chapters of the book are organized into three parts. The first part addresses the import of different theories of vagueness for the law, referring to a wide range of theories from supervaluationist to contextualist and semantic realist accounts in order to address the question of whether the law can learn from engaging with philosophical discussions of vagueness. The second part of the book examines different vagueness phenomena. The contributions in part 2 suggest that the greater awareness to different vagueness phenomena can make lawyers aware of specific issues and solutions so far overlooked. The third part deals with the pragmatic aspects of vagueness in law, providing answers to the question of how to deal with vagueness in law and with the professional, political, moral, and ethical issues such vagueness gives rise to.

Author : Larry May,Nancy E. Snow,Angela Bolte
Publisher : McGraw-Hill Humanities, Social Sciences & World Languages
Page : 820 pages
File Size : 55,6 Mb
Release : 2000
Category : Law
ISBN : IND:30000080924966

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Legal Philosophy by Larry May,Nancy E. Snow,Angela Bolte Pdf

This anthology introduces students to the major areas of Anglo-American law and to the philosophical attempts to grapple with the theoretical underpinnings of each of these areas from a wide variety of perspectives. In addition, it emphasizes the relatively new voices in the debates: feminists, critical theorists, postmodernists, critical race theorists, and Native Americans.

Author : Maciej Chmielinski,Micha Rupniewski
Publisher : Routledge
Page : 270 pages
File Size : 44,9 Mb
Release : 2021-03-31
Category : Electronic
ISBN : 0367727048

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The Philosophy of Legal Change by Maciej Chmielinski,Micha Rupniewski Pdf

"This volume is based on, although not exclusively composed of, papers presented at MANCEPT Workshops at the University of Manchester, September 2017" -- page x.

Author : Alessandro Capone,Francesca Poggi
Publisher : Springer
Page : 267 pages
File Size : 48,6 Mb
Release : 2016-05-02
Category : Language Arts & Disciplines
ISBN : 9783319303857

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Pragmatics and Law by Alessandro Capone,Francesca Poggi Pdf

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?

Author : John J. Coughlin
Publisher : Oxford University Press
Page : 310 pages
File Size : 52,9 Mb
Release : 2012-04-19
Category : Law
ISBN : 9780199756773

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Law, Person, and Community by John J. Coughlin Pdf

This publication takes up the fundamental question 'What is law?' through a comparative study of canon law and secular legal theory. The book also includes comparative consideration of the failure of canon law to address the clergy sexual abuse crisis the canon law of marriage, administrative law, the rule of law and much more.

Author : John Harrington,Maria Stuttaford
Publisher : Routledge
Page : 499 pages
File Size : 51,9 Mb
Release : 2010-06-10
Category : Law
ISBN : 9781136963728

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Global Health and Human Rights by John Harrington,Maria Stuttaford Pdf

The right to health, having been previously neglected is now being deployed more and more often in litigation, activism and policy-making across the world. International bodies such as the WHO, UNAIDS, World Bank and WTO are increasingly using or being evaluated with reference to health rights, and international NGOs frequently use the language of rights in campaigning and in more concrete litigation. This book brings together an impressive array of internationally renowned scholars in the areas of law, philosophy and health policy to critically interrogate the development of rights based approaches to health. The volume integrates discussion of the right to health at a theoretical level in law and ethics, with the difficult substantive issues where the right is relevant, and with emerging systems of global health governance. The contributions to this volume will add to our theoretical and practical understanding of rights based approaches to health.

Author : Amanda Perreau-Saussine,James B. Murphy
Publisher : Cambridge University Press
Page : 322 pages
File Size : 53,8 Mb
Release : 2007-05-17
Category : Law
ISBN : 9781139463218

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The Nature of Customary Law by Amanda Perreau-Saussine,James B. Murphy Pdf

Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.

Author : Austin Sarat,Thomas R. Kearns
Publisher : University of Michigan Press
Page : 324 pages
File Size : 48,9 Mb
Release : 2009-11-10
Category : Law
ISBN : 9780472023615

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Legal Rights by Austin Sarat,Thomas R. Kearns Pdf

The idea of legal rights today enjoys virtually universal appeal, yet all too often the meaning and significance of rights are poorly understood. The purpose of this volume is to clarify the subject of legal rights by drawing on both historical and philosophical legal scholarship to bridge the gap between these two genres--a gap that has divorced abstract and normative treatments of rights from an understanding of their particular social and cultural contexts. Legal Rights: Historical and Philosophical Perspectives shows that the meaning and extent of rights has been dramatically expanded in this century, though along with the widespread and flourishing popularity of rights, voices of criticism have increasingly been raised. The authors take up the question of the foundation of rights and explore the postmodern challenges to efforts to ground rights outside of history and language. Drawing rich historical analysis and careful philosophical inquiry into productive dialogue, this book explores the many facets of rights at the end of the twentieth century. In these essays, potentially abstract debates come alive as they are related to the struggles of real people attempting to cope with, and improve, their living conditions. The significance of legal rights is measured not just in terms of philosophical categories or as a collection of histories, but as they are experienced in the lives of men and women seeking to come to terms with rights in contemporary life. Contributors are Hadley Arkes, William E. Cain, Thomas Haskell, Morton J. Horwitz, Annabel Patterson, Michael J. Perry, Pierre Schlag, and Jeremy Waldron. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.

Author : Walter Schweidler
Publisher : Unknown
Page : 327 pages
File Size : 45,5 Mb
Release : 2012
Category : Human rights
ISBN : 3896655671

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Human Rights and Natural Law by Walter Schweidler Pdf

Author : Maurizio Passerin d'Entrèves,Ursula Vogel
Publisher : Psychology Press
Page : 212 pages
File Size : 55,6 Mb
Release : 2000
Category : Citizenship
ISBN : 0415166837

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Public and Private by Maurizio Passerin d'Entrèves,Ursula Vogel Pdf

Adopting a multidisciplinary approach to the distinction between public and private, this lucidly written book covers an interesting and eclectic mix of topics such as citizenship, Rorty, Arendt and marriage.

Author : Maciej Chmieliński,Michał Rupniewski
Publisher : Routledge
Page : 469 pages
File Size : 50,9 Mb
Release : 2019-07-05
Category : Law
ISBN : 9780429997693

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The Philosophy of Legal Change by Maciej Chmieliński,Michał Rupniewski Pdf

Democratic legal systems have recently been subject to rapid and multi-directional processes of change. There are numerous sociological, technological, ideological, or purely political processes which result in law’s amendment and transformation. This book argues that this legal change is best understood from a political philosophy perspective. This can be used as an interpretative device to understand the ongoing processes of change as well as their outcomes such as new laws, judicial interpretations, or constitutional amendments. The work has three main objectives: to provide deeper understanding of the problems of legal change within the diversity of Western political and legal thought; to examine the development of the processes of change in terms of their normative and prudential acceptability; to interpret actual processes of change with a view to the general theoretical and normative background. The book is divided into three parts: Part I sets the scene and is focused on the general issues important for understanding and evaluating legal change from the perspective of political philosophy; Part II focuses on the spectrum of politico-philosophical justifications present in the political culture of democratic states; Part III offers selected case studies to specify and apply the philosophical ideas in the previous parts. The book will be a valuable resource for students and scholars of law and jurisprudence, including comparative legal studies and human rights law, political theory, and philosophy.

Author : Andrei Marmor
Publisher : Taylor & Francis
Page : 630 pages
File Size : 44,5 Mb
Release : 2012-04-27
Category : Philosophy
ISBN : 9781136344947

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The Routledge Companion to Philosophy of Law by Andrei Marmor Pdf

The Routledge Companion to the Philosophy of Law provides a comprehensive, non-technical philosophical treatment of the fundamental questions about the nature of law. Its coverage includes law’s relation to morality and the moral obligations to obey the law, the main philosophical debates about particular legal areas such as criminal responsibility, property, contracts, family law, law and justice in the international domain, legal paternalism and the rule of law. The entirely new content has been written specifically for newcomers to the field, making the volume particularly useful for undergraduate and graduate courses in philosophy of law and related areas. All 39 chapters, written by the world’s leading researchers and edited by an internationally distinguished scholar, bring a focused, philosophical perspective to their subjects. The Routledge Companion to the Philosophy of Law promises to be a valuable and much consulted student resource for many years.