The Pragmatic Turn In Law

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The Pragmatic Turn in Law

Janet Giltrow,Dieter Stein
The Pragmatic Turn in Law Book PDF

Author : Janet Giltrow,Dieter Stein
Publisher : Walter de Gruyter GmbH & Co KG
Page : 384 pages
File Size : 52,7 Mb
Release : 2017-06-12
Category : Language Arts & Disciplines
ISBN : 9781501504723

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The Pragmatic Turn in Law by Janet Giltrow,Dieter Stein Pdf

In legal interpretation, where does meaning come from? Law is made from language, yet law, unlike other language-related disciplines, has not so far experienced its "pragmatic turn" towards inference and the construction of meaning. This book investigates to what extent a pragmatically based view of l linguistic and legal interpretation can lead to new theoretical views for law and, in addition, to practical consequences in legal decision-making. With its traditional emphasis on the letter of the law and the immutable stability of a text as legal foundation, law has been slow to take the pragmatic perspective: namely, the language-user 's experience and activity in making meaning. More accustomed to literal than to pragmatic notions of meaning, that is, in the text rather than constructed by speakers and hearers the disciplines of law may be culturally resistant to the pragmatic turn. By bringing together the different but complementary perspectives of pragmaticians and lawyers, this book addresses the issue of to what extent legal meaning can be productively analysed as deriving from resources beyond the text, beyond the letter of the law. This collection re-visits the feasibility of the notion of literal meaning for legal interpretation and, at the same time, the feasibility of pragmatic meaning for law. Can explications of pragmatic meaning support court actions in the same way concepts of literal meaning have traditionally supported statutory interpretations and court judgements? What are the consequences of a user-based view of language for the law, in both its practices of interpretation and its definition of itself as a field? Readers will find in this collection means of approaching such questions, and promising routes for inquiry into the genre- and field-specific characteristics of inference in law. In many respects, the problem of literal vs. pragmatic meaning confined to the text vs. reaching beyond it will appear to parallel the dichotomy in law between textualism and intentionalism. There are indeed illuminating connections between the pair of linguistic terms and the more publicly controversial legal ones. But the parallel is not exact, and the linguistic dichotomy is in any case anterior to the legal one. Even as linguistic-pragmatic investigation may serve legal domains, the legal questions themselves point back to central conditions of all linguistic meaning.

Pragmatism and Law

Michal Alberstein
Pragmatism and Law Book PDF

Author : Michal Alberstein
Publisher : Routledge
Page : 546 pages
File Size : 50,6 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351909280

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Pragmatism and Law by Michal Alberstein Pdf

Pragmatism and Law provides a textual reading of the American legal discourse, as it unfolds through various genres of pragmatism, which evolve and transform during the twentieth century. The historical narrative, which the book weaves, traces the transformation of the pragmatic idea from the forefront of philosophical intellectual inquiries at the turn of the twentieth century to a common sense lawyers’ practical rule of action at the turn of the twenty-first century. During this sequence, a fresh look at American history and legal history in particular is offered through the emphasis on recurring discursive structures which assume incommensurable treatments of basic liberal notions like justice, politics, and truth. Underlying the writing is an interpretative mode of inquiry, based on European post-structural methodologies, while claiming to represent their next intellectual phase. This contemporary mode of inquiry is that of a reading which insists on healing through the paradoxes. It is the same mode that sets, in the author’s view, the updated interpretative model of dispute resolution studies.

Pluralism and the Pragmatic Turn

William Rehg,James Bohman
Pluralism and the Pragmatic Turn Book PDF

Author : William Rehg,James Bohman
Publisher : MIT Press
Page : 465 pages
File Size : 50,9 Mb
Release : 2001-09-04
Category : Philosophy
ISBN : 9780262264303

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Pluralism and the Pragmatic Turn by William Rehg,James Bohman Pdf

The essays in this volume reflect on and expand Frankfurt School critical theory as reformulated after World War II by Karl-Otto Apel, Jürgen Habermas, and others. Frankfurt School critical theory since the pragmatic turn has become a richer source of critical analysis that is at the same time socially and politically more effective. The essays are dedicated to Thomas McCarthy, who has done perhaps more than any other scholar to introduce English-speaking audiences to contemporary German critical theory. The book is organized into three parts. Part one deals with social theory and the rational basis of communication, including basic issues raised by the pragmatic turn. Part two examines conceptions of autonomy and the self. Part three deals with political theory, focusing on problems stemming from sociocultural pluralism. Together, the essays provide an overview of the latest developments in Frankfurt School critical theory as it responds to the challenges of pragmatism and social pluralism.

The Pragmatic Turn in Philosophy

William Egginton,Mike Sandbothe
The Pragmatic Turn in Philosophy Book PDF

Author : William Egginton,Mike Sandbothe
Publisher : State University of New York Press
Page : 269 pages
File Size : 53,6 Mb
Release : 2012-02-01
Category : Philosophy
ISBN : 9780791485132

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The Pragmatic Turn in Philosophy by William Egginton,Mike Sandbothe Pdf

The Pragmatic Turn in Philosophy explores how the various discursive strategies of old and new pragmatisms are related, and what their pertinence is to the relationship between pragmatism and philosophy as a whole. The contributors bridge the divide between analytic and continental philosophy through a transcontinental desire to work on common problems in a common philosophical language. Irrespective of which side of the divide one stands on, pragmatic philosophy has gained ascendancy over the traditional concerns of a representationalist epistemology that has determined much of the intellectual and cultural life of modernity. This book details how contemporary philosophy will emerge from this recognition and that, in fact, this emergence is already underway.

Pragmatics and Law

Alessandro Capone,Francesca Poggi
Pragmatics and Law Book PDF

Author : Alessandro Capone,Francesca Poggi
Publisher : Springer
Page : 267 pages
File Size : 44,8 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?

Pragmatics and Law

Francesca Poggi,Alessandro Capone
Pragmatics and Law Book PDF

Author : Francesca Poggi,Alessandro Capone
Publisher : Springer
Page : 476 pages
File Size : 40,7 Mb
Release : 2016-12-01
Category : Language Arts & Disciplines
ISBN : 9783319446011

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Pragmatics and Law by Francesca Poggi,Alessandro Capone Pdf

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?

Law, Pragmatism, and Democracy

Richard A. Posner
Law Pragmatism and Democracy Book PDF

Author : Richard A. Posner
Publisher : Harvard University Press
Page : 428 pages
File Size : 47,9 Mb
Release : 2009-07-01
Category : Law
ISBN : 0674042298

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Law, Pragmatism, and Democracy by Richard A. Posner Pdf

A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.

Humean Laws for Human Agents

Michael Townsen Hicks,Siegfried Jaag,Christian Loew
Humean Laws for Human Agents Book PDF

Author : Michael Townsen Hicks,Siegfried Jaag,Christian Loew
Publisher : Oxford University Press
Page : 301 pages
File Size : 49,7 Mb
Release : 2023-05-17
Category : Science
ISBN : 9780192645999

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Humean Laws for Human Agents by Michael Townsen Hicks,Siegfried Jaag,Christian Loew Pdf

Humean Laws for Human Agents presents cutting-edge research by leading experts on the Humean account of laws, chance, possibility, and necessity. A central question in metaphysics and philosophy of science is: What are laws of nature? Humeans hold that laws are not sui generis metaphysical entities but merely particularly effective summaries of what actually happens. The most discussed recent work on Humeanism emphasizes the laws' usefulness for limited agents and uses pragmatic considerations to address fundamental and long-standing problems. The current volume develops and critically examines pragmatic Humean accounts, with innovative new work on the epistemology of laws and chance, the problem of induction, counterfactuals, special science laws, and a Humean account of essence. Taken together, the papers provide a roadmap for developing pragmatic Humeanism and connate views, setting the agenda for future research.

The Pragmatic Turn

Richard J. Bernstein
The Pragmatic Turn Book PDF

Author : Richard J. Bernstein
Publisher : John Wiley & Sons
Page : 267 pages
File Size : 43,5 Mb
Release : 2013-04-26
Category : Language Arts & Disciplines
ISBN : 9780745659459

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The Pragmatic Turn by Richard J. Bernstein Pdf

In this major new work, Richard J. Bernstein argues that many of the most important themes in philosophy during the past one hundred and fifty years are variations and developments of ideas that were prominent in the classical American pragmatists: Charles S. Peirce, William James, John Dewey and George H Mead. Pragmatism begins with a thoroughgoing critique of the Cartesianism that dominated so much of modern philosophy. The pragmatic thinkers reject a sharp dichotomy between subject and object, mind-body dualism, the quest for certainty and the spectator theory of knowledge. They seek to bring about a sea change in philosophy that highlights the social character of human experience and normative social practices, the self-correcting nature of all inquiry, and the continuity of theory and practice. And they-especially James, Dewey, and Mead-emphasize the democratic ethical-political consequences of a pragmatic orientation. Many of the themes developed by the pragmatic thinkers were also central to the work of major twentieth century philosophers like Wittgenstein and Heidegger, but the so-called analytic-continental split obscures this underlying continuity. Bernstein develops an alternative reading of contemporary philosophy that brings out the persistence and continuity of pragmatic themes. He critically examines the work of leading contemporary philosophers who have been deeply influenced by pragmatism, including Hilary Putnam, Jürgen Habermas, Richard Rorty, and Robert Brandom, and he explains why the discussion of pragmatism is so alive, varied and widespread. This lucid, wide-ranging book by one of America's leading philosophers will be compulsory reading for anyone who wants to understand the state of philosophy today.

Legal Pragmatics

Dennis Kurzon,Barbara Kryk-Kastovsky
Legal Pragmatics Book PDF

Author : Dennis Kurzon,Barbara Kryk-Kastovsky
Publisher : John Benjamins Publishing Company
Page : 288 pages
File Size : 54,6 Mb
Release : 2018-04-15
Category : Language Arts & Disciplines
ISBN : 9789027264077

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Legal Pragmatics by Dennis Kurzon,Barbara Kryk-Kastovsky Pdf

The volume Legal Pragmatics is a contribution to the interface between language and law. It looks at how the principles of language use can be beneficial to clarifying legal issues, its twelve chapters (together with the Introduction) offering a wide spectrum of the latest approaches to the area of legal pragmatics. The four chapters in the first section are devoted to historical pragmatics and take a diachronic look at old courtroom records. Written legal language is also the focus of the four chapters in the next section, dealing with the pragmatics of modern legal writing. The chapters in the third section, devoted to modern legal language, touch upon both the discourse in the courtroom and in police investigation. Finally, the two chapters in the last section on legal discourse and multilingualism address a topic very relevant to the modern era of globalisation -- the position of legal discourse in multilingual contexts.

The Pragmatic Turn

Andreas K. Engel,Karl J. Friston,Danica Kragic
The Pragmatic Turn Book PDF

Author : Andreas K. Engel,Karl J. Friston,Danica Kragic
Publisher : MIT Press
Page : 433 pages
File Size : 55,7 Mb
Release : 2022-06-07
Category : Science
ISBN : 9780262545778

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The Pragmatic Turn by Andreas K. Engel,Karl J. Friston,Danica Kragic Pdf

Experts from a range of disciplines assess the foundations and implications of a novel action-oriented view of cognition. Cognitive science is experiencing a pragmatic turn away from the traditional representation-centered framework toward a view that focuses on understanding cognition as “enactive.” This enactive view holds that cognition does not produce models of the world but rather subserves action as it is grounded in sensorimotor skills. In this volume, experts from cognitive science, neuroscience, psychology, robotics, and philosophy of mind assess the foundations and implications of a novel action-oriented view of cognition. Their contributions and supporting experimental evidence show that an enactive approach to cognitive science enables strong conceptual advances, and the chapters explore key concepts for this new model of cognition. The contributors discuss the implications of an enactive approach for cognitive development; action-oriented models of cognitive processing; action-oriented understandings of consciousness and experience; and the accompanying paradigm shifts in the fields of philosophy, brain science, robotics, and psychology. Contributors Moshe Bar, Lawrence W. Barsalov, Olaf Blanke, Jeannette Bohg, Martin V. Butz, Peter F. Dominey, Andreas K. Engel, Judith M. Ford, Karl J. Friston, Chris D. Frith, Shaun Gallagher, Antonia Hamilton, Tobias Heed, Cecilia Heyes, Elisabeth Hill, Matej Hoffmann, Jakob Hohwy, Bernhard Hommel, Atsushi Iriki, Pierre Jacob, Henrik Jörntell, Jürgen Jost, James Kilner, Günther Knoblich, Peter König, Danica Kragic, Miriam Kyselo, Alexander Maye, Marek McGann, Richard Menary, Thomas Metzinger, Ezequiel Morsella, Saskia Nagel, Kevin J. O'Regan, Pierre-Yves Oudeyer, Giovanni Pezzulo, Tony J. Prescott, Wolfgang Prinz, Friedemann Pulvermüller, Robert Rupert, Marti Sanchez-Fibla, Andrew Schwartz, Anil K. Seth, Vicky Southgate, Antonella Tramacere, John K. Tsotsos, Paul F. M. J. Verschure, Gabriella Vigliocco, Gottfried Vosgerau

Believing and Acting

G. Scott Davis
Believing and Acting Book PDF

Author : G. Scott Davis
Publisher : Oxford University Press
Page : 245 pages
File Size : 52,9 Mb
Release : 2012-03-15
Category : Philosophy
ISBN : 9780199583904

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Believing and Acting by G. Scott Davis Pdf

How should religion and ethics be studied if we want to understand what people believe and why they act the way they do? An energetic guide to the study of religion and ethics, rejecting theories from postmodernism and cognitive science in favour of a return to pragmatic enquiry.

Renascent Pragmatism

Alfonso Morales
Renascent Pragmatism Book PDF

Author : Alfonso Morales
Publisher : Routledge
Page : 395 pages
File Size : 53,6 Mb
Release : 2017-07-05
Category : Social Science
ISBN : 9781351904308

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Renascent Pragmatism by Alfonso Morales Pdf

Pragmatism is experiencing a resurgence in law, philosophy and social science, with pragmatists seeking a consistent, comprehensive and productive understanding of social life. In its four sections Renascent Pragmatism aids the reinvigoration of pragmatism as an important intellectual tradition and contributor to inquiry and change in social life. The book is a first of its kind for combining essays on theory, method, public policy and empirical scholarship, presenting contributions from philosophers, legal scholars and social scientists. Throughout the book, the concrete linkage between policy, theory and method is emphasized, while recognizing the philosophical tradition in which the inquiries and prescriptions rest.

A Pragmatic Analysis of Legal Proofs of Criminal Intent

Sol Azuelos-Atias
A Pragmatic Analysis of Legal Proofs of Criminal Intent Book PDF

Author : Sol Azuelos-Atias
Publisher : John Benjamins Publishing
Page : 193 pages
File Size : 54,5 Mb
Release : 2007-07-26
Category : Language Arts & Disciplines
ISBN : 9789027292155

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A Pragmatic Analysis of Legal Proofs of Criminal Intent by Sol Azuelos-Atias Pdf

A Pragmatic Analysis of Legal Proofs of Criminal Intent is a detailed investigation of proofs of criminal intent in Israeli courtrooms. The book analyses linguistic, pragmatic, interpretative and argumentative strategies used by Israeli lawyers and judges in order to examine the defendant’s intention. There can be no doubt that this subject is worthy of a thorough investigation. A person’s intention is a psychological phenomenon and therefore, unless the defendant chooses to confess his intent, it cannot be proven directly – either by evidence or by witnesses’ testimonies. The defendant’s intention must be inferred usually from the overall circumstances of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures should be taken into account. The linguistic analysis of these inferences presented here is necessarily comprehensive: it requires consideration of a variety of theoretical frameworks including speech act theory, discourse analysis, argumentation theory, polyphony theory and text linguistics.

Pluralism and the Pragmatic Turn

William Rehg,James Bohman
Pluralism and the Pragmatic Turn Book PDF

Author : William Rehg,James Bohman
Publisher : MIT Press
Page : 466 pages
File Size : 51,9 Mb
Release : 2001-09-04
Category : Philosophy
ISBN : 0262264307

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Pluralism and the Pragmatic Turn by William Rehg,James Bohman Pdf

The essays in this volume reflect on and expand Frankfurt School critical theory as reformulated after World War II by Karl-Otto Apel, Jürgen Habermas, and others. Frankfurt School critical theory since the pragmatic turn has become a richer source of critical analysis that is at the same time socially and politically more effective. The essays are dedicated to Thomas McCarthy, who has done perhaps more than any other scholar to introduce English-speaking audiences to contemporary German critical theory. The book is organized into three parts. Part one deals with social theory and the rational basis of communication, including basic issues raised by the pragmatic turn. Part two examines conceptions of autonomy and the self. Part three deals with political theory, focusing on problems stemming from sociocultural pluralism. Together, the essays provide an overview of the latest developments in Frankfurt School critical theory as it responds to the challenges of pragmatism and social pluralism.