Approaches To Legal Rationality

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Approaches to Legal Rationality

Author : Dov M. Gabbay
Publisher : Springer Science & Business Media
ISBN 13 : 9048195888
Total Pages : 422 pages
Book Rating : 4.0/5 (481 download)

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Book Synopsis Approaches to Legal Rationality by : Dov M. Gabbay

Download or read book Approaches to Legal Rationality written by Dov M. Gabbay and published by Springer Science & Business Media. This book was released on 2010-10-04 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal theory, political sciences, sociology, philosophy, logic, artificial intelligence: there are many approaches to legal argumentation. Each of them provides specific insights into highly complex phenomena. Different disciplines, but also different traditions in disciplines (e.g. analytical and continental traditions in philosophy) find here a rare occasion to meet. The present book contains contributions, both historical and thematic, from leading researchers in several of the most important approaches to legal rationality. One of the main issues is the relation between logic and law: the way logic is actually used in law, but also the way logic can make law explicit. An outstanding group of philosophers, logicians and jurists try to meet this issue. The book is more than a collection of papers. However different their respective conceptual tools may be, the authors share a common conception: legal argumentation is a specific argumentation context.

The Limits of Rationality

Author : Karen Schweers Cook
Publisher : University of Chicago Press
ISBN 13 : 0226742415
Total Pages : 436 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis The Limits of Rationality by : Karen Schweers Cook

Download or read book The Limits of Rationality written by Karen Schweers Cook and published by University of Chicago Press. This book was released on 2008-10-03 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prevailing economic theory presumes that agents act rationally when they make decisions, striving to maximize the efficient use of their resources. Psychology has repeatedly challenged the rational choice paradigm with persuasive evidence that people do not always make the optimal choice. Yet the paradigm has proven so successful a predictor that its use continues to flourish, fueled by debate across the social sciences over why it works so well. Intended to introduce novices to rational choice theory, this accessible, interdisciplinary book collects writings by leading researchers. The Limits of Rationality illuminates the rational choice paradigm of social and political behavior itself, identifies its limitations, clarifies the nature of current controversies, and offers suggestions for improving current models. In the first section of the book, contributors consider the theoretical foundations of rational choice. Models of rational choice play an important role in providing a standard of human action and the bases for constitutional design, but do they also succeed as explanatory models of behavior? Do empirical failures of these explanatory models constitute a telling condemnation of rational choice theory or do they open new avenues of investigation and theorizing? Emphasizing analyses of norms and institutions, the second and third sections of the book investigate areas in which rational choice theory might be extended in order to provide better models. The contributors evaluate the adequacy of analyses based on neoclassical economics, the potential contributions of game theory and cognitive science, and the consequences for the basic framework when unequal bargaining power and hierarchy are introduced.

Rationality in Politics and its Limits

Author : Terry Nardin
Publisher : Routledge
ISBN 13 : 1317376412
Total Pages : 275 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Rationality in Politics and its Limits by : Terry Nardin

Download or read book Rationality in Politics and its Limits written by Terry Nardin and published by Routledge. This book was released on 2017-10-02 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: The word ‘rationality’ and its cognates, like ‘reason’, have multiple contexts and connotations. Rational calculation can be contrasted with rational interpretation. There is the rationality of proof and of persuasion, of tradition and of the criticism of tradition. Rationalism (and rationalists) can be reasonable or unreasonable. Reason is sometimes distinguished from revelation, superstition, convention, prejudice, emotion, and chance, but all of these also involve reasoning. In politics, three views of rationality – economic, moral, and historical – have been especially important, often defining approaches to politics and political theory such as utilitarianism and rational choice theory. These approaches privilege positive or natural law, responsibilities, or human rights, and emphasize the importance of culture and tradition, and therefore meaning and context. This book explores the understanding of rationality in politics and the relations between different approaches to rationality. Among the topics considered are the limits of rationality, the role of imagination and emotion in politics, the meaning of political realism, the nature of political judgment, and the relationship between theory and practice. This book was originally published as a special issue of Global Discourse.

Reason and Nature

Author : José Luis Bermúdez
Publisher : Oxford University Press
ISBN 13 : 9780199256839
Total Pages : 302 pages
Book Rating : 4.2/5 (568 download)

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Book Synopsis Reason and Nature by : José Luis Bermúdez

Download or read book Reason and Nature written by José Luis Bermúdez and published by Oxford University Press. This book was released on 2002 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a series of essays nine philosophers and two psychologists address three main themes: the status of norms of rationality; the precise form taken by them; and the role of norms in belief and actions.

The Rational as Reasonable

Author : Aulis Aarnio
Publisher : Springer Science & Business Media
ISBN 13 : 9400947003
Total Pages : 293 pages
Book Rating : 4.4/5 (9 download)

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Book Synopsis The Rational as Reasonable by : Aulis Aarnio

Download or read book The Rational as Reasonable written by Aulis Aarnio and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowned scholars. Legal philosophy should not be considered a narrowly circumscribed field. Insights into law and legal institutions can come from diverse disciplines on a wide range of topics. Among the relevant disciplines or perspectives con tributing to legal philosophy, besides law and philosophy, are anthropology, economics, political science, and sociology. Among the topics included in legal philosophy are theories of law; the concepts of law and legal institutions; legal reasoning and adjudication; epistemological issues of evidence and pro cedure; law and justice, economics, politics, or morality; legal ethics; and theories oflegal fields such as criminal law, contracts, and property.

A Theory of Legal Argumentation

Author : Robert Alexy
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 352 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis A Theory of Legal Argumentation by : Robert Alexy

Download or read book A Theory of Legal Argumentation written by Robert Alexy and published by Oxford University Press, USA. This book was released on 1989 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: "What is to be understood by 'rational legal argument'? To what extent can legal reasoning be rational? Is the demand for rationality in legal affairs justified? And what are the criteria of rationality in legal reasoning? The answer to these questions is not only of interest to legal theorists and philosophers of law. They are pressing issues for practicing lawyers, and a matter of concern for every citizen active in the public arena. Not only the standing of academic law as a scientific discipline, but also the legitimacy of judicial decisions depends on the possibility of rational legal argumentation. A theory of legal reasoning which tries to answer these questions pre-supposes a theory of general practical reasoning. This theory is the subject matter of the first two parts of the book. The result is a theory of general practical discourse which rests on insights of both Anglo-Saxon and German philosophy. It forms the basis of the theory of rational legal discourse, which is developed in the third part of this book"--Publisher's website.

Law, Morality, and Discursive Rationality

Author : Aulis Aarnio
Publisher :
ISBN 13 :
Total Pages : 260 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Law, Morality, and Discursive Rationality by : Aulis Aarnio

Download or read book Law, Morality, and Discursive Rationality written by Aulis Aarnio and published by . This book was released on 1989 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reason, Democracy, Society

Author : Sebastián Urbina
Publisher : Springer Science & Business Media
ISBN 13 : 9401728461
Total Pages : 246 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Reason, Democracy, Society by : Sebastián Urbina

Download or read book Reason, Democracy, Society written by Sebastián Urbina and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reason, Democracy, Society deals with basic points of legal theory and philosophy of law. The main contention of the book relates to the insufficiencies of the legal positivistic approach. Some of its claims are that we must sharply separate what the law is from, what the law ought to be, and that we can know what the law is without appealing to meta-legal considerations. These and other claims are criticized. The author shows that with the legal positivistic approach we cannot know, in all cases, what the law is, if that is equated to the rules posited by the legislator. He also challenges H.L.A. Hart's and MacCormick's points of view, amongst others, about the characteristic corner stones of legal positivism. Some other issues relate to human rights, legal rationality and efficiency and ethics. This book will be of interest to philosophers concerned with law or ethics, those concerned with justice in modern society and to jurists and law students.

Natural Law and Practical Rationality

Author : Mark C. Murphy
Publisher : Cambridge University Press
ISBN 13 : 9780521802291
Total Pages : 306 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Natural Law and Practical Rationality by : Mark C. Murphy

Download or read book Natural Law and Practical Rationality written by Mark C. Murphy and published by Cambridge University Press. This book was released on 2001-06-11 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: A defense of a contemporary natural law theory of practical rationality.

On Law and Reason

Author : Aleksander Peczenik
Publisher : Springer Science & Business Media
ISBN 13 : 9780792304449
Total Pages : 466 pages
Book Rating : 4.3/5 (44 download)

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Book Synopsis On Law and Reason by : Aleksander Peczenik

Download or read book On Law and Reason written by Aleksander Peczenik and published by Springer Science & Business Media. This book was released on 1989 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: a This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.a (TM) These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the booka (TM)s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (a defeasiblea (TM)) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail.

Foundations of the Economic Approach to Law

Author : Avery Wiener Katz
Publisher : Oxford University Press, USA
ISBN 13 : 9780195097740
Total Pages : 399 pages
Book Rating : 4.0/5 (977 download)

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Book Synopsis Foundations of the Economic Approach to Law by : Avery Wiener Katz

Download or read book Foundations of the Economic Approach to Law written by Avery Wiener Katz and published by Oxford University Press, USA. This book was released on 1998-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is intended for law school courses on economic analysis of law.

Fundamentals of Legal Argumentation

Author : Eveline T. Feteris
Publisher : Springer Science & Business Media
ISBN 13 : 9401592195
Total Pages : 236 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis Fundamentals of Legal Argumentation by : Eveline T. Feteris

Download or read book Fundamentals of Legal Argumentation written by Eveline T. Feteris and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal argumentation is a distinctively multidisciplinary field of inquiry. It draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary theory, philosophy, sociology, and artificial intelligence. This presents the growing group of interested scholars and students with a problem of access, since, even for those active in the field, it is not common to have acquired a familiarity with relevant aspects of each discipline that enters into this multidisciplinary matrix. Fundamentals of Legal Argumentation offers its readers a unique 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 all major approaches and trends in the contemporary research. It surveys relevant theoretical factors both from various continental law traditions and common law countries.

The Rationality and Justification of Legislation

Author : Luc J. Wintgens
Publisher : Springer Science & Business Media
ISBN 13 : 3319000624
Total Pages : 256 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis The Rationality and Justification of Legislation by : Luc J. Wintgens

Download or read book The Rationality and Justification of Legislation written by Luc J. Wintgens and published by Springer Science & Business Media. This book was released on 2013-06-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays collected in this book address legislation from the viewpoint of legal theory and provide an overview of current research in legisprudence as a new scholarly approach to lawmaking. The overall focus of the volume is on the justification of legislation, with a special emphasis on the intricate notion of legislative rationality. With the rational justification of legislation as their central theme, the essays elaborate on the foundations and bounds of legislation and the search for a more principled lawmaking, discuss the role of legislation within the framework of democratic constitutionalism, analyze legislation as implementation of constitutional law, and explore how legislative argumentation in parliament can be construed as a source of justification of laws.

Theories of Choice

Author : Stefan Grundmann
Publisher : Oxford University Press
ISBN 13 : 0192608274
Total Pages : 353 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Theories of Choice by : Stefan Grundmann

Download or read book Theories of Choice written by Stefan Grundmann and published by Oxford University Press. This book was released on 2021-01-14 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Choice is a key concept of our time. It is a foundational mechanism for every legal order in societies that are, politically, constituted as democracies and, economically, built on the market mechanism. Thus, choice can be understood as an atomic structure that grounds core societal processes. In recent years, however, the debate over the right way to theorize choice - for example, as a rational or a behavioral type of decision making - has intensified. This collection provides an in-depth discussion of the promises and perils of specific types of theories of choice. It shows how the selection of a specific theory of choice can make a difference for concrete legal questions, in particular in the regulation of the digital economy or in choosing between market, firm, or network. In its first part, the volume provides an accessible overview of the current debates about rational versus behavioral approaches to theories of choice. The remainder of the book structures the vast landscape of theories of choice along with three main types: individual, collective, and organizational decision making. As theories of choice proliferate and become ever more sophisticated, however, the process of choosing an adequate theory of choice becomes increasingly intricate. This volume addresses this selection problem for the various legal arenas in which individual, organizational, and collective decisions matter. By drawing on economic, technological, political, and legal points of view, the volume shows which theories of choice are at the disposal of the legally relevant decision-maker, and how they can be operationalized for the solution of concrete legal problems. The editors acknowledge the kind support of the Fritz Thyssen Foundation for an exploratory conference on the subject of the book.

Law and Society

Author : Gerald Turkel
Publisher : Pearson
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Law and Society by : Gerald Turkel

Download or read book Law and Society written by Gerald Turkel and published by Pearson. This book was released on 1996 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text presents a critical approach to issues in law and society. It is concerned with defining how the rule of law has changed as a result of changes in the economy; the development of social movements in the U.S.; and in the efforts to make life more democratic. The book focuses on questions of law and economic relationships, law and changing definitions of gender, alternative dispute resolution, and relationships between law and the community.

Brute Rationality

Author : Joshua Gert
Publisher : Cambridge University Press
ISBN 13 : 1139454153
Total Pages : 246 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Brute Rationality by : Joshua Gert

Download or read book Brute Rationality written by Joshua Gert and published by Cambridge University Press. This book was released on 2004-08-19 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an account of normative practical reasons and the way in which they contribute to the rationality of action. Rather than simply 'counting in favour of' actions, normative reasons play two logically distinct roles: requiring action and justifying action. The distinction between these two roles explains why some reasons do not seem relevant to the rational status of an action unless the agent cares about them, while other reasons retain all their force regardless of the agent's attitude. It also explains why the class of rationally permissible action is wide enough to contain not only all morally required action, but also much selfish and immoral action. The book will appeal to a range of readers interested in practical reason in particular, and moral theory more generally.

Human Rights Ethics

Author : Clark Butler
Publisher : Purdue University Press
ISBN 13 : 9781557534804
Total Pages : 312 pages
Book Rating : 4.5/5 (348 download)

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Book Synopsis Human Rights Ethics by : Clark Butler

Download or read book Human Rights Ethics written by Clark Butler and published by Purdue University Press. This book was released on 2008 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights Ethics makes an important contribution to contemporary philosophical and political debates concerning the advancement of global justice and human rights. Butler's book also lays claim to a significant place in both normative ethics and human rights studies in as much as it seeks to vindicate a universalistic, rational approach to human rights ethics. Butler's innovative approach is not based on murky claims to "natural rights" that supposedly hold wherever human beings exist; nor does it succumb to the traditional problems of justification associated with utilitarianism, Kantianism, and other procedural approaches to human rights studies. Instead, Butler proposes "a dialectical justification of human rights by indirect proof" that claims not to be question begging. Very much in the spirit of Hegel and Habermas, Butler proposes to vindicate a "totally rational account of human rights," but one that depends concretely and historically on a dialectically constructed "right to freedom of thought in its universal modes."