Philosophical Perspectives In Jurisprudence

Author : Luc J. Wintgens
Publisher : Springer Science & Business Media
Page : 284 pages
File Size : 48,6 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 : Aulis Aarnio
Publisher : Unknown
Page : 296 pages
File Size : 53,9 Mb
Release : 1983
Category : Jurisprudence
ISBN : STANFORD:36105043946321

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Philosophical Perspectives in Jurisprudence by Aulis Aarnio Pdf

Author : Carl Joachim Friedrich
Publisher : University of Chicago Press
Page : 309 pages
File Size : 52,8 Mb
Release : 1963
Category : Law
ISBN : 9780226264660

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

Author : Alessandro Capone,Francesca Poggi
Publisher : Springer
Page : 267 pages
File Size : 47,5 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 : Michał Araszkiewicz,Jaromír Šavelka
Publisher : Springer Science & Business Media
Page : 282 pages
File Size : 52,8 Mb
Release : 2013-04-05
Category : Law
ISBN : 9789400761100

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Coherence: Insights from Philosophy, Jurisprudence and Artificial Intelligence by Michał Araszkiewicz,Jaromír Šavelka Pdf

This book is a thorough treatise concerned with coherence and its significance in legal reasoning. The individual chapters present the topic from the general philosophical perspective, the perspective of legal-theory as well as the viewpoint of cognitive sciences and the research on artificial intelligence and law. As it has turned out the interchange of knowledge among these disciplines is very fruitful for each of them, providing mutual inspiration and increasing understanding of a given topic. This book is a unique resource for anyone interested in the concept of coherence and the role it plays in reasoning. As this book captures important contemporary issues concerning the ongoing discussion on coherence and law, those interested in legal reasoning should find it particularly helpful. By presenting such a broad scope of views and methods on approaching the issue of coherence we hope to promote the general interest in the topic as well as the academic research that centers around coherence and law.

Author : Austin Sarat,Thomas R. Kearns
Publisher : University of Michigan Press
Page : 324 pages
File Size : 45,5 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 : Larry May,Nancy E. Snow,Angela Bolte
Publisher : McGraw-Hill Humanities, Social Sciences & World Languages
Page : 820 pages
File Size : 52,7 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 : Joel Feinberg,Hyman Gross
Publisher : Unknown
Page : 216 pages
File Size : 43,6 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 : 54,5 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 : Michael Lobban
Publisher : Springer
Page : 524 pages
File Size : 47,8 Mb
Release : 2016-02-12
Category : Law
ISBN : 9789401798808

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A Treatise of Legal Philosophy and General Jurisprudence by Michael Lobban Pdf

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 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 2015), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. ​Volume 7: The Jurists’ Philosophy of Law from Rome to the Seventeenth Century edited by Andrea Padovani and Peter Stein Volume 7 is the second of the historical volumes and acts as a complement to the previous Volume 6, discussing from the jurists’ perspective what that previous volume discusses from the philosophers’ perspective. The subjects of analysis are, first, the Roman jurists’ conception of law, second, the metaphysical and logical presuppositions of late medieval legal science, and, lastly, the connection between legal and political thought up to the 17th century. The discussion shows how legal science proceeds at every step of the way, from Rome to early modern times, as an enterprise that cannot be untangled from other forms of thought, thus giving rise to an interest in logic, medieval theology, philosophy, and politics—all areas where legal science has had an influence. Volume 8: A History of the Philosophy of Law in The Common Law World, 1600–1900 by Michael Lobban Volume 8, the third of the historical volumes, offers a history of legal philosophy in common-law countries from the 17th to the 19th century. Its main focus (like that of Volume 9) is on the ways in which jurists and legal philosophers thought about law and legal reasoning. The volume begins with a discussion of the ‘common law mind’ as it evolved in late medieval and early modern England. It goes on to examine the different jurisprudential traditions which developed in England and the United States, showing that while Coke’s vision of the common law continued to exert a strong influence on American jurists, in England a more positivist approach took root, which found its fullest articulation in the work of Bentham and Austin. ​

Author : Michael Lobban
Publisher : Springer
Page : 948 pages
File Size : 53,8 Mb
Release : 2007-01-24
Category : Philosophy
ISBN : 1402049501

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A Treatise of Legal Philosophy and General Jurisprudence by Michael Lobban Pdf

This comprehensive treatment of legal philosophy and general jurisprudence is designed for jurists as well as legal and practical philosophers. The treatise is presented in two sections: The 5-volume Theoretical part (2005) covers topics of contemporary debate; The 6-volume Historical part (2006-2007) traces the development of legal thought from ancient Greece through the twentieth century. This release incorporates Vol. 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics; Vol. 7: The Jurists' Philosophy of Law from Rome to the Seventeenth Century; and Vol 8: A History of the Philosophy of Law in the Common Law World, 1600-1900.

Author : Maurizio Passerin d'Entrèves,Ursula Vogel
Publisher : Psychology Press
Page : 212 pages
File Size : 53,6 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 : 50,5 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 : Michael Lobban
Publisher : Springer
Page : 948 pages
File Size : 48,9 Mb
Release : 2007-01-24
Category : Philosophy
ISBN : 1402049501

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A Treatise of Legal Philosophy and General Jurisprudence by Michael Lobban Pdf

This comprehensive treatment of legal philosophy and general jurisprudence is designed for jurists as well as legal and practical philosophers. The treatise is presented in two sections: The 5-volume Theoretical part (2005) covers topics of contemporary debate; The 6-volume Historical part (2006-2007) traces the development of legal thought from ancient Greece through the twentieth century. This release incorporates Vol. 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics; Vol. 7: The Jurists' Philosophy of Law from Rome to the Seventeenth Century; and Vol 8: A History of the Philosophy of Law in the Common Law World, 1600-1900.

Author : Michael Lobban
Publisher : Springer
Page : 0 pages
File Size : 50,9 Mb
Release : 2007-01-24
Category : Philosophy
ISBN : 1402049501

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A Treatise of Legal Philosophy and General Jurisprudence by Michael Lobban Pdf

This comprehensive treatment of legal philosophy and general jurisprudence is designed for jurists as well as legal and practical philosophers. The treatise is presented in two sections: The 5-volume Theoretical part (2005) covers topics of contemporary debate; The 6-volume Historical part (2006-2007) traces the development of legal thought from ancient Greece through the twentieth century. This release incorporates Vol. 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics; Vol. 7: The Jurists' Philosophy of Law from Rome to the Seventeenth Century; and Vol 8: A History of the Philosophy of Law in the Common Law World, 1600-1900.