Reasoning In Ethics And Law

Author : Albert W. Musschenga,Wim J. van der Steen
Publisher : Routledge
Page : 285 pages
File Size : 40,7 Mb
Release : 2017-03-02
Category : Philosophy
ISBN : 9781351906340

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Reasoning in Ethics and Law by Albert W. Musschenga,Wim J. van der Steen Pdf

Legal and moral reasoning share much methodology, and they address similar problems. This volume charts two shared problems: the relation between theory, principles and particular judgments; and the role of facts and factual assertions in normative settings. The relation between 'theory' and 'practice' and between 'principle' and 'particular judgment' has become the subject of much debate in moral philosophy. In the ongoing debate, some moral philosophers refer to legal philosophy for a support of their views on the primacy of 'practice' over 'theory'. According to them, legal philosophy should have a more balanced view in that relation. In the contributions to Part One this claim is critically analysed. The role of the facts is underestimated in discussions on legal reasoning and legal theory, as well as moral reasoning and ethical theory. Factual statements enter into moral and legal discussions not only because they link the conclusion with a rule. They also play a role as background assumptions in supporting a theory. Its focus on the role of facts in normative reasoning makes this book of special interest to scholars of legal and moral argumentation.

Author : Samuel J. Stoljar
Publisher : Springer
Page : 180 pages
File Size : 52,5 Mb
Release : 1980-06-18
Category : Philosophy
ISBN : 9781349050956

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Moral and Legal Reasoning by Samuel J. Stoljar Pdf

Author : Martin P. Golding
Publisher : Broadview Press
Page : 180 pages
File Size : 45,9 Mb
Release : 2001-03-02
Category : Law
ISBN : 1551114224

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Legal Reasoning by Martin P. Golding Pdf

In a book that is a blend of text and readings, Martin P. Golding explores legal reasoning from a variety of angles—including that of judicial psychology. The primary focus, however, is on the ‘logic’ of judicial decision making. How do judges justify their decisions? What sort of arguments do they use? In what ways do they rely on legal precedent? Golding includes a wide variety of cases, as well as a brief bibliographic essay (updated for this Broadview Encore Edition).

Author : Richard Prust,Jeffery Geller
Publisher : Vernon Press
Page : 132 pages
File Size : 49,5 Mb
Release : 2019-10-31
Category : Philosophy
ISBN : 9781622737475

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Personal Identity in Moral and Legal Reasoning by Richard Prust,Jeffery Geller Pdf

Many questions about moral and legal judgments hinge on how we understand the identity of the agents. The intractability of many of these questions stems, this book argues, from ignoring how we actually connect actions with agents. When making everyday judgments about the morality or legality of actions, we do not use Aristotelian logic but what is termed “character logic”. The difference is crucial because implicit in character logic is an understanding of personal identity that is both coherent and intuitively familiar. A person, as we conceptualize him in moral and legal contexts, is a character of resolve. By unpacking what it means to be a character of resolve, this book reveals what underwrites our most fundamental beliefs about a person’s rights and responsibilities. It also provides a new and useful perspective on a variety of issues about rights and responsibilities that perennially occupy philosophers. This book discusses the following: • How we can make better sense of “human rights” if we think of them as “personal rights”. • How the right to be civilly disobedient, in contrast with ordinary law-breaking, can be justified as a personal right. • What basis we have for holding that someone’s responsibility is diminished. • How it makes sense to hold someone responsible for acting irresponsibly. • How it makes sense to distinguish a juvenile offender from someone who should be tried in criminal court. • What kind of correction we should expect from our correctional institutions and how we should design them to achieve that. By making explicit the axioms of character logic and exploring their origins and justification, the book provides a conceptually powerful tool for interpreting the protocols of a person-respecting society.

Author : Fernando Atria
Publisher : Bloomsbury Publishing
Page : 252 pages
File Size : 55,6 Mb
Release : 2002-08-07
Category : Law
ISBN : 9781847316325

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On Law and Legal Reasoning by Fernando Atria Pdf

This book is about legal theory and legal reasoning. In particular,it seeks to examine the relations that obtain between law and a theory of law and legal reasoning and a theory of legal reasoning. Two features of law and legal reasoning are treated as being of particular importance in this regard: law is institutional, and legal reasoning is formal. These two features are so closely connected that it is reasonable to believe that in fact they are simply two ways of looking at the same issue. This becomes clearer as the focus of the book shifts from the institutional nature of law to the consequences of this for legal reasoning, and which is the principal focus of the book. The author received the European Academy of Legal Theory award in 2000 for the doctoral dissertation on which this work was based.

Author : Samuel Jacob Stoljar
Publisher : Unknown
Page : 172 pages
File Size : 40,7 Mb
Release : 1980
Category : Law and ethics
ISBN : LCCN:79005525

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Moral and Legal Reasoning by Samuel Jacob Stoljar Pdf

Author : Ch. Perelman
Publisher : Springer Science & Business Media
Page : 199 pages
File Size : 42,6 Mb
Release : 2012-12-06
Category : Philosophy
ISBN : 9789400990104

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Justice, Law, and Argument by Ch. Perelman Pdf

This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument (Routledge & Kegan Paul, London, 1963). The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P.

Author : Elijah Millgram
Publisher : Cambridge University Press
Page : 370 pages
File Size : 54,8 Mb
Release : 2005-07-14
Category : Philosophy
ISBN : 0521839432

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Ethics Done Right by Elijah Millgram Pdf

Examines how practical reasoning can be put into the service of ethical and moral theory.

Author : Michael Scott Jones
Publisher : Kendall Hunt Publishing Company
Page : 172 pages
File Size : 48,8 Mb
Release : 2017-07-25
Category : Electronic
ISBN : 1524945307

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Moral Reasoning by Michael Scott Jones Pdf

Author : Larry Alexander,Emily Sherwin
Publisher : Cambridge University Press
Page : 254 pages
File Size : 49,5 Mb
Release : 2008-06-16
Category : Philosophy
ISBN : 9781139472470

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Demystifying Legal Reasoning by Larry Alexander,Emily Sherwin Pdf

Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.

Author : Michael Waldmann
Publisher : Oxford University Press
Page : 769 pages
File Size : 43,5 Mb
Release : 2017
Category : Psychology
ISBN : 9780199399550

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The Oxford Handbook of Causal Reasoning by Michael Waldmann Pdf

Causal reasoning is one of our most central cognitive competencies, enabling us to adapt to our world. Causal knowledge allows us to predict future events, or diagnose the causes of observed facts. We plan actions and solve problems using knowledge about cause-effect relations. Without our ability to discover and empirically test causal theories, we would not have made progress in various empirical sciences. The handbook brings together the leading researchers in the field of causal reasoning and offers state-of-the-art presentations of theories and research. It provides introductions of competing theories of causal reasoning, and discusses its role in various cognitive functions and domains. The final section presents research from neighboring fields.

Author : Andrew Kernohan
Publisher : Broadview Press
Page : 170 pages
File Size : 45,5 Mb
Release : 2020-10-14
Category : Philosophy
ISBN : 9781554814411

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Ethical Reasoning: Theory and Application by Andrew Kernohan Pdf

The philosophical tradition has given rise to many competing moral theories. Virtue ethics encourages the flourishing of the person, theories of justice and rights tell us to act according to principles, and consequentialist theories advise that we seek to bring about good ends. These varied theories highlight the morally relevant features of the problems that we encounter both in everyday personal interactions and on a broader social scale. When used together, they allow us to address moral conflicts by balancing a plurality of reasons in order to reach nuanced ethical decisions. In Ethical Reasoning: Theory and Application, Andrew Kernohan guides the reader through the basics of these moral theories, showing their strengths and weaknesses and emphasizing the ways in which competing moral reasons can be collectively employed to guide decision-making. Throughout, the focus is on practical applications and on how each theory can play a role in solving problems and addressing issues. Numerous questions and exercises are provided to encourage active reflection and retention of information.

Author : Gary G. Ford
Publisher : SAGE
Page : 409 pages
File Size : 46,8 Mb
Release : 2006-01-13
Category : Law
ISBN : 9780761930945

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Ethical Reasoning for Mental Health Professionals by Gary G. Ford Pdf

Ethical Reasoning for Mental Health Professionals addresses a fundamental need of ethics training in psychology and counseling: the development of reasoning skills to resolve the complex professional ethical issues that arise. Author Gary G. Ford provides readers with a background in ethical reasoning and introduces them to an easy-to-follow eight step model of ethical decision making.

Author : Zenon Bankowski,James MacLean
Publisher : Ashgate Publishing, Ltd.
Page : 306 pages
File Size : 42,8 Mb
Release : 2006
Category : Law
ISBN : 075462546X

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The Universal and the Particular in Legal Reasoning by Zenon Bankowski,James MacLean Pdf

It is twenty-five years since the publication of Neil MacCormick's book Legal Reasoning and Legal Theory, a book that has been in print continuously since its first publication. This book looks at how examining legal reasoning can bring up important theoretical and ethical issues, as MacCormick revisits the issues anew in his current work.

Author : Stephen Edelston Toulmin
Publisher : CUP Archive
Page : 250 pages
File Size : 47,8 Mb
Release : 2024-06-16
Category : Electronic
ISBN : 8210379456XXX

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An Examination of the Place of Reason in Ethics by Stephen Edelston Toulmin Pdf