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Epistemic Uncertainty And Legal Theory
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Book Synopsis Epistemic Uncertainty and Legal Theory by : Brian Burge-Hendrix
Download or read book Epistemic Uncertainty and Legal Theory written by Brian Burge-Hendrix and published by Routledge. This book was released on 2016-12-05 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political rights, such as those of Canada and the United States - as well as cases in constitutional adjudication. It shows the worth of careful reflection on methodological and meta-theoretical issues for a comprehensive account of a present-day legal system which is fast becoming the norm. The author explicitly connects the ongoing Methodology Debate within legal philosophy to constitutional adjudication and Canadian law. By drawing out the implications of the Methodology Debate and the challenge of giving a proper account of constitutional adjudication in a general theory of law, the study examines how a descriptive, morally and politically neutral legal theory can deal with epistemic uncertainty - uncertainty about the actual status of moral-political legal provisions and their jurisprudential function - in a thoroughgoing manner. It also demonstrates the merits of a minimalist version of Legal Positivism with regard to the practical importance of charters in charter systems and societies.
Author :Brian Burge-Hendrix Publisher :Library and Archives Canada = Bibliothèque et Archives Canada ISBN 13 :9780494044957 Total Pages :416 pages Book Rating :4.0/5 (449 download)
Book Synopsis Epistemic Uncertainty & Legal Theory [microform] by : Brian Burge-Hendrix
Download or read book Epistemic Uncertainty & Legal Theory [microform] written by Brian Burge-Hendrix and published by Library and Archives Canada = Bibliothèque et Archives Canada. This book was released on 2004 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some legal theorists argue that legal determinations apparently based on moral arguments actually involve an appeal to extra-legal standards because legal reasoning and the conceptual structure of a legal system necessarily excludes morality (Exclusive Legal Positivism). Others argue that moral principles can be incorporated into legal systems (Inclusive Legal Positivism), or must be so incorporated (Dworkinian Interpretivism), where they operate as legal rules. Does Canada's Charter of Rights and Freedoms actually incorporate the moral principle of equality, or does it merely authorize judges to appeal to that extra-legal principle as a legitimate reason for invalidating those laws which violate it? To answer that question the philosophical legal theorist must evaluate and develop an account of juridical law in the face of epistemic uncertainty about the relation between law and morality (i.e. whether it is necessary or contingent). In this work I first consider the meta-theoretical characteristics of legal theories, particularly their methodologies and the evaluative criteria applied to them, so as to identify and make explicit the source of legal-theoretical epistemic uncertainty. I then argue for an approach to describing and explaining law whereby we neither ignore epistemic uncertainty nor dispense with it by means of a stipulative definition. This inclusive positivist approach, however, also requires that we abandon the ideal of a presuppositionless inquiry. Accordingly, I demonstrate how a descriptive-explanatory philosophical account of law can make use of a presupposition and, ultimately, offer a sound defence for it. Finally, through an analysis of some aspects of Canadian constitutional adjudication, I show that inclusive positivism is most able to describe and explain the legal-moral uncertainty exhibited by participants in legal systems of a certain type, and so offers the best philosophical account of legal practices as they are understood by those who instantiate them.
Book Synopsis A Study of Epistemology in Legal Theory by : Michael D. Roumeliotis
Download or read book A Study of Epistemology in Legal Theory written by Michael D. Roumeliotis and published by . This book was released on 1994 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Theory of Legal Evidence - Evidence in Legal Theory by : Verena Klappstein
Download or read book Theory of Legal Evidence - Evidence in Legal Theory written by Verena Klappstein and published by Springer Nature. This book was released on 2022-01-03 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses theoretical problems concerning legal evidence. The concept of evidence is expected to fulfill a number of distinct roles in science and philosophy, but also in legal theory and law, some of which are complementary, while others are conflicting. In their profession, lawyers have to deal with evidence and proof. Yet the legal concept of evidence is constantly changing, and the debate concerning the distinction between a legal concept of evidence, the ordinary concept of evidence and the concept of evidence in science is far from being settled. What is more, the problem of evidence is central to both epistemology and the philosophy of science, and by extension to our academic thinking on law. In short, legal theorists’ interest in evidence may include such diverse objects as a bloody knife, sensory data, linguistic entities or psychologically recognized beliefs. The book surveys selected theoretical roles that the concept of evidence plays and explores their relations and interconnections. The content is divided into three parts, investigating: (1) evidence in epistemology and the philosophy of science, which focuses on evidence methodologies and the problem of proof in legal scholarship; (2) evidence in legal theory and legal philosophy, where particular attention is paid to the interplay between evidence, legal reasoning and the binding force of such reasoning; and (3) evidence in law, where theoretical problems pertaining to witnesses, expert opinions, explanations of the accused, statistical evidence and neuroscientific evidence are examined.
Book Synopsis Encyclopedia of Philosophy and the Social Sciences by : Byron Kaldis
Download or read book Encyclopedia of Philosophy and the Social Sciences written by Byron Kaldis and published by SAGE. This book was released on 2013-04-02 with total page 1195 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This encyclopedia, magnificently edited by Byron Kaldis, will become a valuable source both of reference and inspiration for all those who are interested in the interrelation between philosophy and the many facets of the social sciences. A must read for every student of the humanities."--Wulf Gaertner, University of Osnabrueck, Germany "Byron Kaldis' Encyclopedia of Philosophy and the Social Sciences is a triumph. The entries are consistently good, the coverage is amazing, and he has managed to involve the whole scholarly community in this field. It shows off the field very well, and will be a magnificent resource for students and others." -- Stephen Turner, USF, USA “ Like all good works of reference this Encyclopedia of Philosophy and the Social Sciences is not to be treated passively: it provides clear and sometimes controversial material for constructive confrontation. It is a rich resource for critical engagement. The Encyclopedia conceived and edited by Byron Kaldis is a work of impressive scope and I am delighted to have it on my bookshelf.”-- David Bloor, Edinburgh, UK "This splendid and possibly unique work steers a skilful course between narrower conceptions of philosophy and the social sciences. It will be an invaluable resource for students and researchers in either or both fields, and to anyone working on the interrelations between them." -- William Outhwaite, Newcastle, UK "A work of vast scope and widely gathered expertise, the Encyclopedia of Philosophy and the Social Sciences is a splendid resource for anyone interested in the interface between philosophy and the social sciences." --Nicholas Rescher, Pittsburgh This encyclopedia is the first of its kind in bringing together philosophy and the social sciences. It is not only about the philosophy of the social sciences but, going beyond that, it is also about the relationship between philosophy and the social sciences. The subject of this encyclopedia is purposefully multi- and inter-disciplinary. Knowledge boundaries are both delineated and crossed over. The goal is to convey a clear sense of how philosophy looks at the social sciences and to mark out a detailed picture of how the two are interrelated: interwoven at certain times but also differentiated and contrasted at others. The Entries cover topics of central significance but also those that are both controversial and on the cutting-edge, underlining the unique mark of this Encyclopedia: the interrelationship between philosophy and the social sciences, especially as it is found in fresh ideas and unprecedented hybrid disciplinary areas. The Encyclopedia serves a further dual purpose: it contributes to the renewal of the philosophy of the social sciences and helps to promote novel modes of thinking about some of its classic problems. “The Encyclopedia of Philosophy and the Social Sciences edited by Byron Kaldis, provides a unique, needed, and invaluable resource for researchers at every level. Unique because nothing else offers the breadth of coverage found in this work; needed because it permits researchers to find longer but also relatively brief, clear, but nonetheless expert articles introducing important topics; and invaluable because of the guidance offered to both related topics and further study. It should be the place that any interested person looks first when seeking to learn about philosophy and the social sciences.” Paul Roth, UC Santa Cruz, USA “The Encyclopedia of Philosophy and the Social Sciences edited by Byron Kaldis covers an enormous range of topics in philosophy and the social sciences and the entries are compact overviews of the essential issues” Harold Kincaid, University of Alabama at Birmingham, USA
Book Synopsis Oxford Studies in Private Law Theory: Volume II by : Paul B. Miller
Download or read book Oxford Studies in Private Law Theory: Volume II written by Paul B. Miller and published by Oxford University Press. This book was released on 2023-05-11 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oxford Studies in Private Law Theory is a biennial forum for some of the best new work in private law theory by scholars from around the world. The essays range widely over issues in general private law theory as well as specific fields, including the theoretical analysis of tort law, property law, contract law, fiduciary law, trust law, remedies and restitution, and the law of equity. OSPLT will be essential reading for academic lawyers, philosophers, political scientists, economists, and historians who wish to keep up with the latest developments in the flourishing field of private law theory. Volume II ranges widely over a diverse array of topics, including the standing to enforce private rights, the power-constraining role of equity, the grounds and limits of repair, dimensions of liability, the fiduciary duties of lawyers, as well as broader questions concerning the place of autonomy and democracy in private law and the justification of private law itself.
Book Synopsis A Treatise of Legal Philosophy and General Jurisprudence by : Enrico Pattaro
Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Enrico Pattaro and published by Springer Science & Business Media. This book was released on 2016-07-13 with total page 1912 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Treatise of Legal Philosophy and General Jurisprudence is 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 in two parts. 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 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
Book Synopsis The Methodology of Legal Theory by : Michael Giudice
Download or read book The Methodology of Legal Theory written by Michael Giudice and published by Routledge. This book was released on 2017-07-05 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart's 'Postscript' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists. This volume - the first in a three volume series - aims not only to fill that gap but also propose a systematic agenda for future work. The editors have selected articles written by leading legal theorists, including, among others, Leslie Green, Brian Leiter, Joseph Raz, Ronald Dworkin, and William Twining, and organized under four broad categories: 1) problems and purposes of legal theory; 2) the role of epistemology and semantics in theorising about the nature of law; 3) the relation between morality and legal theory; and 4) the scope of phenomena a general jurisprudence ought to address.
Book Synopsis Epistemology and Method in Law by : Geoffrey Samuel
Download or read book Epistemology and Method in Law written by Geoffrey Samuel and published by Routledge. This book was released on 2016-12-05 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis the book examines, generally, the question of what it is to have knowledge of law; and this examination embraces not just the conceptual foundations, methods, taxonomy and theories used by jurists. It also examines the epistemological schemes used by social scientists in general in order to show that such schemes are closely related to the schemes of intelligibility used by lawyers and judges.
Book Synopsis Cultural Difference on Trial by : Anthony J. Connolly
Download or read book Cultural Difference on Trial written by Anthony J. Connolly and published by Gower Publishing, Ltd.. This book was released on 2010 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume puts forward a sustained philosophical exploration of the capacity of the modern liberal democratic legal system to understand the thought and practice of those culturally different minorities who come before it as claimants, defendants or witnesses.
Book Synopsis Frontiers of Legal Theory by : Richard A. Posner
Download or read book Frontiers of Legal Theory written by Richard A. Posner and published by Harvard University Press. This book was released on 2004-03 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.
Book Synopsis The Right Not to be Criminalized by : Dennis J. Baker
Download or read book The Right Not to be Criminalized written by Dennis J. Baker and published by Ashgate Publishing, Ltd.. This book was released on 2011 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized.
Book Synopsis Job Security and Temporary Employment Contracts by : Mehdi Shabannia Mansour
Download or read book Job Security and Temporary Employment Contracts written by Mehdi Shabannia Mansour and published by Springer. This book was released on 2018-06-28 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the need of a legal protection at national and global levels to address the use of temporary employment contracts by employers. Chapter 1 reviews some theories of job security, showing how job security issues should be regulated in labour laws to protect workers and also how temporary contracts affect job security. Chapter 2 examines legal protection of job security in temporary contract in international contexts where it examines the concept and need for job security and job protection especially for temporary contracts based on three United Nations’ instruments, namely, the Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), and International Covenant on Economic, Social and Cultural Rights (ICESCR). Chapter 3 studies the ILO standards in relation to job security and temporary contracts as well as those covered by the Philadelphia Declaration and other conventions and recommendations. Chapter 4 discusses Islamic jurisprudence on jobs and job security. The main aims of this chapter is to provide the framework for protecting workers as a means to enhance job security in the world especially in Islam. It discusses Islamic jurisprudence concerning work and job conditions. The Islamic precept is based on the Qur’an and Hadith and these sources are used to explain the concept of jobs in Islam. In addition, this chapter also examines the Cairo Declaration on Human Rights in Islam (CDHRI).
Download or read book Vagueness and Law written by Geert Keil and published by Oxford University Press. This book was released on 2016-12-01 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 " 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 ", 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.
Book Synopsis Neutrality and Theory of Law by : Jordi Ferrer Beltrán
Download or read book Neutrality and Theory of Law written by Jordi Ferrer Beltrán and published by Springer Science & Business Media. This book was released on 2013-04-03 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.
Book Synopsis Belief Reliability Theory and Methodology by : Rui Kang
Download or read book Belief Reliability Theory and Methodology written by Rui Kang and published by Springer Nature. This book was released on 2021-08-01 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, from the perspective of reliability science construction, proposes a new theory called BELIEF RELIABILITY theory on the basis of probability theory, uncertainty theory and chance theory. The main topics include the philosophical basis of reliability science, the principles of reliability science, the criteria of reasonable reliability metrics and the basic theoretical framework and methodology of belief reliability theory. In this book, the belief reliability metric, analysis, design and evaluation methods will provide readers with a brand-new perspective on reliability applications and uncertainty quantification.
Book Synopsis Legal Positivism by : Tom D. Campbell
Download or read book Legal Positivism written by Tom D. Campbell and published by Routledge. This book was released on 2016-12-05 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite persistent criticism from a variety of different perspectives including natural law, legal realism and socio-legal studies, legal positivism remains as an enduring theory of law. The essays contained in this volume represent the most balanced responses toward legal positivism and although largely sympathetic, the essays do not fail to criticize elements of the tradition wherever appropriate.
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