Law As An Artifact

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The Functions of Law

Author : Kenneth M. Ehrenberg
Publisher : Oxford University Press
ISBN 13 : 019166846X
Total Pages : 241 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Functions of Law by : Kenneth M. Ehrenberg

Download or read book The Functions of Law written by Kenneth M. Ehrenberg and published by Oxford University Press. This book was released on 2016-03-11 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities.

Law as an Artifact

Author : Luka Burazin
Publisher : Oxford University Press
ISBN 13 : 0192555146
Total Pages : 305 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Law as an Artifact by : Luka Burazin

Download or read book Law as an Artifact written by Luka Burazin and published by Oxford University Press. This book was released on 2018-07-26 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assembles leading scholars to examine how their respective theoretical positions relate to the artifactual nature of law. It offers a complete analysis of what is ontologically entailed by the claim that law - including legal systems, legal norms, and legal institutions - is an artifact, and what consequences, if any, this claim has for philosophical accounts of law. Examining the artifactual nature of law draws attention to the role that intention, function, and action play in the ontological structure of law, and how these attributes interact with rules. It puts the role of author and authorship at the center of its analysis of legal ontology, and widens the scope that functional analysis can legitimately have in legal theory, emphasizing how the content of law depends on how it is used. Furthermore, the appeal to artifacts brings to the fore questions about the significance of concepts for the existence of law, and makes available new tools for legal interpretation. The notion of artifactuality offers a starting point from which to approach the basic dilemma of whether it is meaningful to search for essential, necessary, and sufficient features of law, a question that in current legal theory is put when deciding what kind of enterprise legal theory is from a methodological point of view, namely whether it is descriptive or prescriptive. This volume unearths insights and observations of value to all those looking to deepen their understanding of how the law is understood and experienced.

Natural Resources Code

Author : Texas
Publisher :
ISBN 13 :
Total Pages : 588 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Natural Resources Code by : Texas

Download or read book Natural Resources Code written by Texas and published by . This book was released on 1978 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Natural Law and the Nature of Law

Author : Jonathan Crowe
Publisher : Cambridge University Press
ISBN 13 : 1108498302
Total Pages : 275 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Natural Law and the Nature of Law by : Jonathan Crowe

Download or read book Natural Law and the Nature of Law written by Jonathan Crowe and published by Cambridge University Press. This book was released on 2019-04-25 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.

Coercion and the Nature of Law

Author : Kenneth Einar Himma
Publisher :
ISBN 13 : 0198854935
Total Pages : 289 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Coercion and the Nature of Law by : Kenneth Einar Himma

Download or read book Coercion and the Nature of Law written by Kenneth Einar Himma and published by . This book was released on 2020 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigor and originality. It sets the standard in contemporary jurisprudence. Book jacket.

Laws and Societies in Global Contexts

Author : Eve Darian-Smith
Publisher : Cambridge University Press
ISBN 13 : 0521113784
Total Pages : 433 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Laws and Societies in Global Contexts by : Eve Darian-Smith

Download or read book Laws and Societies in Global Contexts written by Eve Darian-Smith and published by Cambridge University Press. This book was released on 2013-01-31 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text promotes a more global sociolegal perspective that engages with multiple laws and societies and diverse sociolegal systems based on very different historical and cultural traditions, interacting on multiple local, national, and global levels. The approach to global legal pluralism seeks to provide a framework for envisioning new global governance regimes that move beyond state-based solutions to deal with trenchant transnational challenges.

Criminal Artefacts

Author : Dawn Moore
Publisher : UBC Press
ISBN 13 : 0774813954
Total Pages : 209 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Criminal Artefacts by : Dawn Moore

Download or read book Criminal Artefacts written by Dawn Moore and published by UBC Press. This book was released on 2007 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation Attitudes towards crime, criminals, and rehabilitation have shifted considerably, yet the idea that there is a causal link between drug adiction and crime prevails.

The Force of Law

Author : Frederick Schauer
Publisher : Harvard University Press
ISBN 13 : 0674368215
Total Pages : 256 pages
Book Rating : 4.6/5 (743 download)

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Book Synopsis The Force of Law by : Frederick Schauer

Download or read book The Force of Law written by Frederick Schauer and published by Harvard University Press. This book was released on 2015-02-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law

Reasons and Intentions in Law and Practical Agency

Author : George Pavlakos
Publisher : Cambridge University Press
ISBN 13 : 1107070724
Total Pages : 343 pages
Book Rating : 4.1/5 (7 download)

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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.

Shaping Technology / Building Society

Author : Wiebe E. Bijker
Publisher : MIT Press
ISBN 13 : 9780262260435
Total Pages : 356 pages
Book Rating : 4.2/5 (64 download)

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Book Synopsis Shaping Technology / Building Society by : Wiebe E. Bijker

Download or read book Shaping Technology / Building Society written by Wiebe E. Bijker and published by MIT Press. This book was released on 1994-09-29 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on the influential book The Social Construction of Technological Systems, this volume carries forward the project of creating a theory of technological development and implementation that is strongly grounded in both sociology and history. Technology is everywhere, yet a theory of technology and its social dimension remains to be fully developed. Building on the influential book The Social Construction of Technological Systems, this volume carries forward the project of creating a theory of technological development and implementation that is strongly grounded in both sociology and history. The 12 essays address the central question of how technologies become stabilized, how they attain a final form and use that is generally accepted. The essays are tied together by a general introduction, part introductions, and a theoretical conclusion. The first part of the book examines and criticizes the idea that technologies have common life cycles; three case studies cover the history of a successful but never produced British jet fighter, the manipulation of patents by a French R&D company to gain a market foothold, and the managed development of high-intensity fluorescent lighting to serve the interests of electricity suppliers as well as the producing company. The second part looks at broader interactions shaping technology and its social context: the question of who was to define "steel," the determination of what constitutes radioactive waste and its proper disposal, and the social construction of motion pictures as exemplified by Thomas Edison's successful development of the medium and its commercial failure. The last part offers theoretical studies suggesting alternative approaches to sociotechnologies; two studies argue for a strong sociotechnology in which artifact and social context are viewed as a single seamless web, while the third looks at the ways in which a social program is a technology.

Invitation to Law & Society

Author : Kitty Calavita
Publisher : University of Chicago Press
ISBN 13 : 022629661X
Total Pages : 245 pages
Book Rating : 4.2/5 (262 download)

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Book Synopsis Invitation to Law & Society by : Kitty Calavita

Download or read book Invitation to Law & Society written by Kitty Calavita and published by University of Chicago Press. This book was released on 2016-04-11 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research and real-life examples that “lucidly connect some of the divisive social issues confronting us today to that thing we call ‘the law’” (Law and Politics Book Review). Law and society is a rapidly growing field that turns the conventional view of law as mythical abstraction on its head. Kitty Calavita brilliantly brings to life the ways in which law is found not only in statutes and courtrooms but in our institutions and interactions, while inviting readers into conversations that introduce the field’s dominant themes and most lively disagreements. Deftly interweaving scholarship with familiar examples, Calavita shows how scholars in the discipline are collectively engaged in a subversive exposé of law’s public mythology. While surveying prominent issues and distinctive approaches to both law as it is written and actual legal practices, as well as the law’s potential as a tool for social change, this volume provides a view of law that is more real but just as compelling as its mythic counterpart. With this second edition of Invitation to Law and Society, Calavita brings up to date what is arguably the leading introduction to this exciting, evolving field of inquiry and adds a new chapter on the growing law and cultural studies movement. “Entertaining and conversational.” —Law and Social Inquiry

Artefact Kinds

Author : Maarten Franssen
Publisher : Springer Science & Business Media
ISBN 13 : 3319008013
Total Pages : 225 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Artefact Kinds by : Maarten Franssen

Download or read book Artefact Kinds written by Maarten Franssen and published by Springer Science & Business Media. This book was released on 2013-10-04 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with two intimately related topics of metaphysics: the identity of entities and the foundations of classification. What it adds to previous discussions of these topics is that it addresses them with respect to human-made entities, that is, artefacts. As the chapters in the book show, questions of identity and classification require other treatments and lead to other answers for artefacts than for natural entities. These answers are of interest to philosophers not only for their clarification of artefacts as a category of things but also for the new light they may shed on these issue with respect to to natural entities. This volume is structured in three parts. The contributions in Part I address basic ontological and metaphysical questions in relation to artefact kinds: How should we conceive of artefact kinds? Are they real kinds? How are identity conditions for artefacts and artefact kinds related? The contributions in Part II address meta-ontological questions: What, exactly, should an ontological account of artefact kinds provide us with? What scope can it aim for? Which ways of approaching the ontology of artefact kinds are there, how promising are they, and how should we assess this? In Part III, the essays offer engineering practice rather than theoretical philosophy as a point of reference. The issues addressed here include: How do engineers classify technical artefacts and on what grounds? What makes specific classes of technical artefacts candidates for ontologically real kinds, and by which criteria?

The Cultural Study of Law

Author : Paul W. Kahn
Publisher : University of Chicago Press
ISBN 13 : 9780226422558
Total Pages : 184 pages
Book Rating : 4.4/5 (225 download)

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Book Synopsis The Cultural Study of Law by : Paul W. Kahn

Download or read book The Cultural Study of Law written by Paul W. Kahn and published by University of Chicago Press. This book was released on 1999 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on philosophers from Plato to Foucault and cultural anthropologists and historians such as Clifford Geertz and Perry Miller, Kahn outlines the conceptual tools necessary for such an inquiry. He analyzes the concepts of time, space, citizen, judge, sovereignty, and theory within the culture of law's rule and goes on to consider the methodological problems entailed in stripping the study of law of its reformist ambitions.

Affective Justice

Author : Kamari Maxine Clarke
Publisher : Duke University Press
ISBN 13 : 1478007389
Total Pages : 220 pages
Book Rating : 4.4/5 (78 download)

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Book Synopsis Affective Justice by : Kamari Maxine Clarke

Download or read book Affective Justice written by Kamari Maxine Clarke and published by Duke University Press. This book was released on 2019-11-15 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.

Boundaries of the International

Author : Jennifer Pitts
Publisher : Harvard University Press
ISBN 13 : 0674980816
Total Pages : 305 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Boundaries of the International by : Jennifer Pitts

Download or read book Boundaries of the International written by Jennifer Pitts and published by Harvard University Press. This book was released on 2018-03-16 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is commonly believed that international law originated in respectful relations among free and equal European states. But as Jennifer Pitts shows, international law was forged as much through Europeans' domineering relations with non-European states and empires, leaving a legacy visible in the unequal structures of today's international order.

Normative Jurisprudence

Author : Robin West
Publisher : Cambridge University Press
ISBN 13 : 1139504126
Total Pages : 221 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Normative Jurisprudence by : Robin West

Download or read book Normative Jurisprudence written by Robin West and published by Cambridge University Press. This book was released on 2011-08-22 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.

Creations of the Mind

Author : Eric Margolis
Publisher : Oxford University Press
ISBN 13 : 0199250987
Total Pages : 371 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Creations of the Mind by : Eric Margolis

Download or read book Creations of the Mind written by Eric Margolis and published by Oxford University Press. This book was released on 2007-06-14 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Creations of the Mind presents sixteen original essays by theorists from a wide variety of disciplines who have a shared interest in the nature of artifacts and their implications for the human mind. All the papers are written specially for this volume, and they cover a broad range of topics concerned with the metaphysics of artifacts, our concepts of artifacts and the categories that they represent, the emergence of an understanding of artifacts in infants' cognitive development, as well as the evolution of artifacts and the use of tools by non-human animals. This volume will be a fascinating resource for philosophers, cognitive scientists, and psychologists, and the starting point for future research in the study of artifacts and their role in human understanding, development, and behaviour. Contributors: John R. Searle, Richard E. Grandy, Crawford L. Elder, Amie L. Thomasson, Jerrold Levinson, Barbara C. Malt, Steven A. Sloman, Dan Sperber, Hilary Kornblith, Paul Bloom, Bradford Z. Mahon, Alfonso Caramazza, Jean M. Mandler, Deborah Kelemen, Susan Carey, Frank C. Keil, Marissa L. Greif, Rebekkah S. Kerner, James L. Gould, Marc D. Hauser, Laurie R. Santos, Steven Mithen