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Intention In Law And Philosophy
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Book Synopsis Intention in Law and Philosophy by : Ngaire Naffine
Download or read book Intention in Law and Philosophy written by Ngaire Naffine and published by Routledge. This book was released on 2019-05-24 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. Legal systems are posited on the assumption that people are rational intentional agents who can choose to follow or break the law. This book connects the common interests of lawyers and philosophers in the meaning of intention and its relation to responsibility in legal, moral and political contexts.
Book Synopsis Intention, Agency and Criminal Liability by : Antony Duff
Download or read book Intention, Agency and Criminal Liability written by Antony Duff and published by Wiley-Blackwell. This book was released on 1990-01 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reasons and Intentions in Law and Practical Agency by : George Pavlakos
Download or read book Reasons and Intentions in Law and Practical Agency written by George Pavlakos and published by Cambridge University Press. This book was released on 2015-02-05 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of new essays on the interplay between intentions and practical reasons in law and practical agency.
Book Synopsis Direct and Oblique Intention in the Criminal Law by : Itzhak Kugler
Download or read book Direct and Oblique Intention in the Criminal Law written by Itzhak Kugler and published by Routledge. This book was released on 2017-07-28 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of intention in the criminal law is currently causing many debates among criminal lawyers. This compelling and probing volume addresses two key questions: should the criminal law distinguish between direct intention and recklessness, and what should the law be concerning cases of oblique intention - i.e. cases in which the actor does not act in order to cause the proscribed result, but is nevertheless practically certain that his, or her, action will cause it? The discussion is divided into two parts with the first being devoted to the question of whether it is justified to grade offences based on the distinction between intention and recklessness. The second part deals with offences in which intention is required as a condition for the criminalisation of the conduct and in the context of which reckless actors are not exposed to criminal liability. The book explores the issue of intention from the viewpoint of degrees of moral culpability and it discusses, inter alia, the doctrine of double effect, the possibility that the law in cases of oblique intention should not be the same for all crimes of intention , and the possibility of using a moral formula in the definition of certain offences. The discussion also addresses many other criminal law issues, including the philosophy of punishment, the role of motives in determining degrees of blameworthiness, sentencing, stigma, and criminal attempts.
Book Synopsis Philosophy and the Criminal Law by : Antony Duff
Download or read book Philosophy and the Criminal Law written by Antony Duff and published by Cambridge University Press. This book was released on 1998-02-13 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Five legal theorists discuss a range of questions on the nature of the philosophy of criminal law.
Book Synopsis The Nature of Legislative Intent by : Richard Ekins
Download or read book The Nature of Legislative Intent written by Richard Ekins and published by OUP Oxford. This book was released on 2012-10-12 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.
Book Synopsis The Philosophy of Peter Abelard by : John Marenbon
Download or read book The Philosophy of Peter Abelard written by John Marenbon and published by Cambridge University Press. This book was released on 1997 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a major reassessment of the philosophy of Peter Abelard (1079-1142) which shows that he was a far more constructive and wider-ranging thinker than has usually been supposed. It combines detailed historical discussion, based on published and manuscript sources, with philosophical analysis which aims to make clear Abelard's central arguments about the nature of things, language and the mind, and about morality. Although the book concentrates on these philosophical questions, it places them within their theological and wider intellectual context.
Book Synopsis Philosophical Grounds of Rationality by : Richard E. Grandy
Download or read book Philosophical Grounds of Rationality written by Richard E. Grandy and published by Oxford University Press. This book was released on 1986 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: H.P. Grice is a distinguished philosopher predominantly known for his influential contributions to the philosophy of language, but that is only one strand in a rich tapestry of ideas bearing on the philosophy of mind, ethics, and metaphysics as well. Some of the essays in this collection of original papers by leading philosophers edited by Grandy and Warner develop Grice's earlier work in the philosophy of language, but most of them discuss or present his newer and less-known; work. Together they demonstrate the unified and powerful character of his thoughts on being, mind, meaning, and morals. An introductory essay provides some of the first overview of Grice's thought, and makes explicit some of the relations among the essays.
Download or read book Philosophy of Law written by Mark Tebbit and published by Routledge. This book was released on 2017-01-20 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosophy of Law: An Introduction provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, Mark Tebbit quickly leads readers into the heart of the philosophical questions that dominate philosophy of law today. He provides an exceptionally wide-ranging overview of the contending theories that have sought to resolve these problems. He does so without assuming prior knowledge either of philosophy or law on the part of the reader. The book is structured in three parts around the key issues and themes in philosophy of law: What is the law? – the major legal theories addressing the question of what we mean by law, including natural law, legal positivism and legal realism. The reach of the law – the various legal theories on the nature and extent of the law’s authority, with regard to obligation and civil disobedience, rights, liberty and privacy. Criminal law – responsibility and mens rea, intention, recklessness and murder, legal defences, insanity and philosophies of punishment. This new third edition has been thoroughly updated to include assessments of important developments in philosophy and law in the early years of the twenty-first century. Revisions include a more detailed analysis of natural law, new chapters on common law and the development of positivism, a reassessment of the Austin–Hart dispute in the light of recent criticism of Hart, a new chapter on the natural law–positivist controversy over Nazi law and legality, and new chapters on criminal law, extending the analysis of the dispute over the viability of the defences of necessity and duress.
Book Synopsis The Philosophy of Criminal Law by : Christopher Cowley
Download or read book The Philosophy of Criminal Law written by Christopher Cowley and published by Taylor & Francis. This book was released on 2024-02-05 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Philosophy of Criminal Law: An Introduction explores the central concepts of criminal law, such as intention, complicity and duress, and how they work, both within criminal law practice and in our everyday lives, from legal and philosophical perspectives. At the heart of the book is the central philosophical concept of responsibility: what does it mean to be responsible for an act, to hold someone responsible for an act, or to give an excuse in order to avoid responsibility for an act? Offering talking points to enrich an ongoing conversation, this unique textbook addresses all of these questions in an accessible way for law and non-law students alike. Real cases are examined in detail and a critical approach to the criminal law is adopted throughout. The focus will be mainly on the criminal law of England and Wales, with occasional cases from other jurisdictions, and occasional examples from other areas of law. This text will be ideal reading for advanced undergraduate and graduate students of law, philosophy and criminology, as well as political science and sociology.
Download or read book Attempts written by Gideon Yaffe and published by OUP Oxford. This book was released on 2012-11-29 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gideon Yaffe presents a ground-breaking work which demonstrates the importance of philosophy of action for the law. Many people are serving sentences not for completing crimes, but for trying to. So the law governing attempted crimes is of practical as well as theoretical importance. Questions arising in the adjudication of attempts intersect with questions in the philosophy of action, such as what intention a person must have, if any, and what a person must do, if anything, to be trying to act. Yaffe offers solutions to the difficult problems courts face in the adjudication of attempted crimes. He argues that the problems courts face admit of principled solution through reflection either on what it is to try to do something; or on what evidence is required for someone to be shown to have tried to do something; or on what sentence for an attempt is fair given the close relation between attempts and completions. The book argues that to try to do something is to be committed by one's intention to each of the components of success and to be guided by those commitments. Recognizing the implications of this simple and plausible position helps us to identify principled grounds on which the courts ought to distinguish between defendants charged with attempted crimes.
Download or read book Philosophy of Law written by Larry May and published by John Wiley & Sons. This book was released on 2009-05-18 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices. Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization Features concrete examples in the form of cases significant to the evolution of law Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory
Book Synopsis Reasons and Intentions in Law and Practical Agency by : George Pavlakos
Download or read book Reasons and Intentions in Law and Practical Agency written by George Pavlakos and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Oxford Studies in Philosophy of Law by : John Gardner
Download or read book Oxford Studies in Philosophy of Law written by John Gardner and published by Oxford University Press. This book was released on 2018-09-13 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oxford Studies in Philosophy of Law is a forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The essays range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning), the philosophical foundations of specific areas of law (from criminal law to evidence to international law), the history of legal philosophy, and related philosophical topics that illuminate the problems of legal theory. OSPL will be essential reading for philosophers, academic lawyers, political scientists, and historians of law who wish to keep up with the latest developments in this flourishing field.
Book Synopsis Oxford Studies in Philosophy of Law Volume 4 by : John Gardner
Download or read book Oxford Studies in Philosophy of Law Volume 4 written by John Gardner and published by Oxford University Press. This book was released on 2021-11-25 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oxford Studies in Philosophy of Law is a forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The essays range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning), the philosophical foundations of specific areas of law (from criminal law to evidence to international law), the history of legal philosophy, and related philosophical topics that illuminate the problems of legal theory. OSPL will be essential reading for philosophers, academic lawyers, political scientists, and historians of law who wish to keep up with the latest developments in this flourishing field.
Author :Daniel González Lagier Publisher :Springer Science & Business Media ISBN 13 :9401702055 Total Pages :145 pages Book Rating :4.4/5 (17 download)
Book Synopsis The Paradoxes of Action by : Daniel González Lagier
Download or read book The Paradoxes of Action written by Daniel González Lagier and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book suggests answers, or at least presents conceptual tools for finding answers, to questions such as: What is an action, and what is an omission? Can actions be counted? What is the role of intention for the identification of actions? The author offers an original approach to the analysis of action. Written in a very accessible style, the book is of interest to lawyers, legal scientists and philosophers.
Download or read book Intention written by G. E. M. Anscombe and published by Harvard University Press. This book was released on 2000-10-16 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intention is one of the masterworks of twentieth-century philosophy in English. First published in 1957, it has acquired the status of a modern philosophical classic. The book attempts to show in detail that the natural and widely accepted picture of what we mean by an intention gives rise to insoluble problems and must be abandoned. This is a welcome reprint of a book that continues to grow in importance.
