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Author :
Publisher :
ISBN 13 :
Total Pages : 214 pages
Book Rating : 4.:/5 (49 download)
Download or read book Conditions of validity and cognition in modern legal thought written by and published by . This book was released on 1985 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Aulis Aarnio
Publisher : Springer Science & Business Media
ISBN 13 : 9400947003
Total Pages : 293 pages
Book Rating : 4.4/5 (9 download)
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.
Author : Neil MacCormick
Publisher : Franz Steiner Verlag Wiesbaden GmbH
ISBN 13 :
Total Pages : 646 pages
Book Rating : 4.F/5 ( download)
Download or read book Conditions of Validity and Cognition in Modern Legal Thought written by Neil MacCormick and published by Franz Steiner Verlag Wiesbaden GmbH. This book was released on 1985 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers presented at the IVR 11th World Congress, Helsinki, 1983.
Author : I. Niiniluoto
Publisher : Springer Science & Business Media
ISBN 13 : 9400937393
Total Pages : 542 pages
Book Rating : 4.4/5 (9 download)
Download or read book Truthlikeness written by I. Niiniluoto and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern discussion on the concept of truthlikeness was started in 1960. In his influential Word and Object, W. V. O. Quine argued that Charles Peirce's definition of truth as the limit of inquiry is faulty for the reason that the notion 'nearer than' is only "defined for numbers and not for theories". In his contribution to the 1960 International Congress for Logic, Methodology, and Philosophy of Science at Stan ford, Karl Popper defended the opposite view by defining a compara tive notion of verisimilitude for theories. was originally introduced by the The concept of verisimilitude Ancient sceptics to moderate their radical thesis of the inaccessibility of truth. But soon verisimilitudo, indicating likeness to the truth, was confused with probabilitas, which expresses an opiniotative attitude weaker than full certainty. The idea of truthlikeness fell in disrepute also as a result of the careless, often confused and metaphysically loaded way in which many philosophers used - and still use - such concepts as 'degree of truth', 'approximate truth', 'partial truth', and 'approach to the truth'. Popper's great achievement was his insight that the criticism against truthlikeness - by those who urge that it is meaningless to speak about 'closeness to truth' - is more based on prejudice than argument.
Author : Neil Walker
Publisher : Edinburgh University Press
ISBN 13 : 0748643818
Total Pages : 288 pages
Book Rating : 4.7/5 (486 download)
Download or read book MacCormick's Scotland written by Neil Walker and published by Edinburgh University Press. This book was released on 2012-03-26 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses in depth the distinctively Scottish themes in the work of Sir Neil MacCormick, the world-renowned legal philosopher and prominent Scottish public intellectual who died in 2009 after holding the Regius Chair in Public Law and the Law of Nature and Nations at Edinburgh University for 36 years. MacCormick's work, and works about MacCormick, attract both a domestic and an international audience. Readers will gain an understanding of how MacCormick's Scottish roots, interests and commitments coloured his work - both his distinctively Scottish writings and the overall intellectual outlook that informed his broader legal and philosophical writings.The book provides a well rounded appreciation of the Scottish dimension in MacCormick's thinking and writing. It focuses on a number of prominent Scottish themes in MacCormick's work and life and is structured around four key themes: 1) the nature and identity of a legal system; 2) sovereignty, European integration and Scottish independence; 3) the legacy of the legal and political thought of the Scottish enlightenment; and 4) the role of the academic in the Scottish public sphere.
Author : Luc J. Wintgens
Publisher : Springer Science & Business Media
ISBN 13 : 9401593175
Total Pages : 284 pages
Book Rating : 4.4/5 (15 download)
Download or read book The Law in Philosophical Perspectives written by Luc J. Wintgens and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Springer Science & Business Media
ISBN 13 : 9400716559
Total Pages : 222 pages
Book Rating : 4.4/5 (7 download)
Download or read book Essays on the Doctrinal Study of Law written by Aulis Aarnio and published by Springer Science & Business Media. This book was released on 2011-07-10 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays on the Doctrinal Study of Law is a summary of the author’s 40 years of research in the fields of civil law and the philosophy of law. The main focus is on the two main tasks in the doctrinal study of law: the interpretation and systematisation of legal norms. In this regard, Professor Aarnio deals with the theory of argumentation as well as with its foundations - i.e., with the ontology, epistemology and methodology of legal thinking - and develops the ideas that were first presented in The Rational as Reasonable (Kluwer 1987) in all of these dimensions. The work includes an updated discussion on the writings of Robert Alexy, Jûrgen Habermas, Ronald Dworkin and Alf Ross. A focal point of view concerns the distinction between positivism and non-positivism, in which the core of the criticism focuses on Scandinavian realism.
Author : Law Commission of Canada
Publisher : UBC Press
ISBN 13 : 077484079X
Total Pages : 231 pages
Book Rating : 4.7/5 (748 download)
Download or read book Law and Citizenship written by Law Commission of Canada and published by UBC Press. This book was released on 2011-11-01 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in Law and Citizenship provide a framework for analyzing citizenship in an increasingly globalized world by addressing a number of fundamental questions. How are traditional notions of citizenship erecting borders against those who are excluded? What are the impacts of changing notions of state, borders, and participation on our concepts of citizenship? Within territorial borders, to what extent are citizens able to participate, given that the principles of accountability, transparency, and representativeness remain ideals? The contributors address the numerous implications of the concept of citizenship for public policy, international law, poverty law, immigration law, constitutional law, history, political science, and sociology.
Author : International Association for Philosophy of Law and Social Philosophy. World Congress
Publisher : Franz Steiner Verlag
ISBN 13 : 9783515066051
Total Pages : 280 pages
Book Rating : 4.0/5 (66 download)
Download or read book Law, Justice and the State written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 1995 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : M. D. A. Freeman
Publisher : Oxford University Press, USA
ISBN 13 : 9780198298977
Total Pages : 594 pages
Book Rating : 4.2/5 (989 download)
Download or read book Current Legal Problems 1998 written by M. D. A. Freeman and published by Oxford University Press, USA. This book was released on 2000 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the fifty-first volume of Current Legal Problems and contains the now customary selection of high quality essays by a group of outstanding scholars. The volume provides a particularly valuable and broad-ranging set of contributions for a stimulating study of legal theory at the end of the millennium.
Author : Mar a Jos Falc N y Tella
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004204164
Total Pages : 233 pages
Book Rating : 4.0/5 (42 download)
Download or read book Case Law in Roman, Anglosaxon and Continental Law written by Mar a Jos Falc N y Tella and published by Martinus Nijhoff Publishers. This book was released on 2011-08-25 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no one definition of case law, but rather a plurality of meanings. In this respect, after an analysis of Roman iurisprudentia and Anglo-Saxon case law, this work considers the Spanish legal system, as an example of a Continental jurisdiction.
Author : Koos Malan
Publisher : AFRICAN SUN MeDIA
ISBN 13 : 1928480268
Total Pages : 312 pages
Book Rating : 4.9/5 (284 download)
Download or read book There is no Supreme Constitution written by Koos Malan and published by AFRICAN SUN MeDIA. This book was released on 2019-10-04 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: None of the articles of faith of the South African Constitution is plausible. The Constitution is not supreme and entrenched. Subject to potent socio-political forces it changes continuously and often profoundly regardless of stringent amendment requirements. The trite threefold separation of powers is more metaphorical than real and therefore unable to secure effective checks and balances. Though institutionally separated with their own personnel and functions, the three powers are ordinarily integrated in a single dominant political leadership, committed to achieving the same ideological goals. The bill of individual rights cannot guarantee justice, because rights are subject to the ideologically-driven exercise of judicial interpretation, often with damaging consequences for those relying on the bill of rights. This situation does not only apply to South Africa, but to all Constitutions premised on the same articles of faith, in this book described as the doctrine of statist-individualist constitutionalism. An improved mode of constitutionalism is called for - one which is equipped with a sounder system of checks and balances and better endowed towards the achievement of justice through a balanced constitution.
Author : Giuseppe Zaccaria
Publisher : LIT Verlag Münster
ISBN 13 : 9783825848620
Total Pages : 244 pages
Book Rating : 4.8/5 (486 download)
Download or read book Ars Interpretandi / Vol.5 written by Giuseppe Zaccaria and published by LIT Verlag Münster. This book was released on 2000 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: " The 2000 issue of the Yearbook deals with the concept of translation. From the perspectives of philosophy of language, theology, comparative law and jurisprudence, such a notion is here addressed both in itself and in its many-sided relationships with the concept of interpretation. Schwerpunkt von Ars Interpretandi 2000 ist das Problem der Ubersetzung. Aus den Perspektiven von Sprachphilosophie, Theologie, Vergleichsrecht und Rechtstheorie wird dieser Begriff sowohl in sich selbst als auch in seinen mehrseitigen Zusammenhang mit Auslegung untersucht. Mit Beitr gen von: /Contributors: Giovanna Borradori; Donald Davidson; Gerard Rene de Groot; Winfried Hassemer; Domenico Jervolino; Tecia Mazzarese; Gianfranco Ravasi; Paul Ricoeur; Rodolfo Sacco; John R. Searle; Michael Walzer; Jerzy Wroblewski "
Author : María José Falcon y Tella
Publisher : BRILL
ISBN 13 : 9004193375
Total Pages : 392 pages
Book Rating : 4.0/5 (41 download)
Download or read book A Three-Dimensional Theory of Law written by María José Falcon y Tella and published by BRILL. This book was released on 2010-04-27 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a “form” that, when applied to different legal themes, would add a “material content” to the three-dimensional theory. We can point out, as a study plan, the distinction between “three” perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the “three” phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the “three” characteristics of the legal order: Fullness, coherence, and unity—the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.
Author : International Association for Philosophy of Law and Social Philosophy. World Congress
Publisher : Franz Steiner Verlag
ISBN 13 : 9783515083270
Total Pages : 214 pages
Book Rating : 4.0/5 (832 download)
Download or read book Pluralism and Law written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 2003 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: Arend Soeteman: Introduction - Edmund Abegg: Justice and the Intrinsic Value of Humans - Caridad Velarde: Universalism in Contemporary Human Rights Theory - Marijan Pavcnik: Gleichheit als rechtlicher Kern der Gerechtigkeit, Gerechtigkeitsma�st�be und Recht - Jos� Rubio-Carracedo: Differentiated Universalization of Human Rights - Ashok Gaur: Human Rights: Dimensions and Challenges - Martin Borowski: Religious Freedom as a Fundamental Legal Right, A Rawlsian Perspective - J�rg Paul Mueller: Is freedom of conscience still a topic? - Burton M. Leiser: The Right to Immigrate and the Right to Exclude Immigrants - J.W. Harris: Rights and Resources - Libertarians and the Right to Life - Hans-Rudolf Horn: The Scope of Human and Social Rights in the Global Economic System - Isabel Trujillo P�rez: Partiality and Distributive Justice - Haig Khatchadourian: Merit as a Canon of Distributive Justice - Francesco Biondo: Conception of the person and currency of distributive justice in Van Parijs and Sen - Carlos Kohn Wacher: Hannah Arendt's Concept of Solidarity as a Criticism to Liberalism - Mikko Wennberg: Contract Law as a Response to Contract Failures: When Contracting Fails? - Hendrik Kaptein: Just Criminal Lawyers? Professional ethics and problems of punitive justice: restorative perspectives - Joan McGregor: The Law's Treatment of Rape as Expressing the Inequality of Women - David A. Reidy: The Justification of Hate Crimes Laws: The Argument from Group-Based Oppression - Alexandra George: The Problem of Property in Human Body Parts - Laura Palazzani: Person and Human Being in Bioethics and Biolaw - Jan Swanepoel: The Equality Jurisprudence Developed by South Africa's Constitutional Court since 1994 - Nikolas Roos: Fundamental Rights, European Identity and Law as a Way to Survive.
Author : International Association for Philosophy of Law and Social Philosophy. World Congress
Publisher : Franz Steiner Verlag
ISBN 13 : 9783515083621
Total Pages : 200 pages
Book Rating : 4.0/5 (836 download)
Download or read book Pluralism and Law: State, nation, community, civil society written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 2003 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents Luigi Ferrajoli: Past and Future of the State under Law u Mauro Zamboni: oRechtsstaato: What is it that Swedish development assistance, organisatons oexporto? u Hans Gribnau: Legal Principles and Legislative Instrumentalism u Maria Jose Falcon y Tella: Justified Illegality: The Question of Civil Disobedience u Hideo Sasakura: How should we discuss the Right of Resistance today? u K. Papageorgiou: Nations, persons, rights and responsibilities u M.N.S. Sellers: The Right to Secede u Stephan Kirste: Constitution and Time u Nicholas Aroney: Towards a General Theory of the Formation and Amendment of Federal Constitutions: A Comparative Study u Adriaan Anderson: Prosecuting Crime in a Constitutional State: The Recent South African Experience u Luis Villar-Borda: The Role of the Constitutional Court in the Advance of Law in a Developing Country u Marcela Forero: Colombia: a Multisovereignty State u Samuli Hurri: What of Tomorrow's Citizenship? Universal and Politics in Hannah Arendt and Jurgen Habermas u Marcelo Campos Galuppo: Constitutional Hermeneutics and Pluralism u Francoise Michaut: Pluralism in Law in Robert Cover's Writings u E. A. Huppes-Cluysenaer: Informal Rules do not Exist u Niels F. van Manen: The legal recognition of distinct communities u Peter Koller: Law and Virtue u Carl Lebeck: Coercion, co-ordination and normativity - towards a refined distinction between positive and negative rights u Sheldon Wein: Moral Pluralism and the Rule of Law.
Author : Pia Letto-Vanamo
Publisher : Springer
ISBN 13 : 3030030067
Total Pages : 212 pages
Book Rating : 4.0/5 (3 download)
Download or read book Nordic Law in European Context written by Pia Letto-Vanamo and published by Springer. This book was released on 2018-12-12 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nordic law is often referred to as something different from other legal systems. At the same time, it is a common belief that the Nordic countries share more or less the same legal tradition and are very similar in their approach to the law. Considering both of these points of view, the book tells a story of how Nordic law and Nordic legal thinking differ from other legal systems, and how there are many particularities in the law of each of the Nordic countries, making them different from each other. The idea of “Nordic” law also conceals national features. The basic premise of the book is that even if, strictly speaking, there is no such thing as a Nordic common law, it still makes sense to speak of “Nordic” law, and that acquiring a more-than-basic knowledge of this law is interesting not only for comparative lawyers, but also helpful for those working with Nordic lawyers and dealing with questions involving law in the Nordic countries.
