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Author :
Publisher :
ISBN 13 : 0198821972
Total Pages : pages
Book Rating : 4.1/5 (988 download)
Download or read book written by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : BURZAIN ET AL.
Publisher :
ISBN 13 : 9780191861147
Total Pages : pages
Book Rating : 4.8/5 (611 download)
Download or read book Law as an Artifact written by BURZAIN ET AL. and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assembles leading scholars from the continental and analytic schools to examine how their respective theoretical positions treat the artifactual nature of law. It explores what the claim that legal systems, norms, and institutions are artifacts, ontologically entails, and the consequences this has for philosophical accounts of law.
Author : Kenneth M. Ehrenberg
Publisher : Oxford University Press
ISBN 13 : 019166846X
Total Pages : 210 pages
Book Rating : 4.1/5 (916 download)
Download or read book The Functions of Law written by Kenneth M. Ehrenberg and published by Oxford University Press. This book was released on 2016-03-10 with total page 210 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.
Author : Maksymilian Del Mar
Publisher : Bloomsbury Publishing
ISBN 13 : 150993619X
Total Pages : 884 pages
Book Rating : 4.5/5 (99 download)
Download or read book Artefacts of Legal Inquiry written by Maksymilian Del Mar and published by Bloomsbury Publishing. This book was released on 2020-02-20 with total page 884 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2022 Commendation for Excellence by the International Association for Legal and Social Philosophy (IVR). What is the value of fictions, metaphors, figures and scenarios in adjudication? This book develops three models to help answer that question: inquiry, artefacts and imagination. Legal language, it is argued, contains artefacts – forms that signal their own artifice and call upon us to do things with them. To imagine, in turn, is to enter a distinctive epistemic frame where we temporarily suspend certain epistemic norms and commitments and participate actively along a spectrum of affective, sensory and kinesic involvement. The book argues that artefacts and related processes of imagination are valuable insofar as they enable inquiry in adjudication, ie the social (interactive and collective) process of making insight into what values, vulnerabilities and interests might be at stake in a case and in similar cases in the future. Artefacts of Legal Inquiry is structured in two parts, with the first offering an account of the three models of inquiry, artefacts and imagination, and the second examining four case studies (fictions, metaphors, figures and scenarios). Drawing on a broad range of theoretical traditions – including philosophy of imagination and emotion, the theory and history of rhetoric, and the cognitive humanities – this book offers an interdisciplinary defence of the importance of artefactual language and imagination in adjudication.
Author : Luka Burazin
Publisher : Oxford University Press
ISBN 13 : 0192555146
Total Pages : 288 pages
Book Rating : 4.1/5 (925 download)
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 288 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.
Author : Kenneth Einar Himma
Publisher : Oxford University Press
ISBN 13 : 0192597175
Total Pages : 289 pages
Book Rating : 4.1/5 (925 download)
Download or read book Coercion and the Nature of Law written by Kenneth Einar Himma and published by Oxford University Press. This book was released on 2020-05-06 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Coercion Thesis has been a subject of longstanding debate, but legal positivist scholarship over the last several decades has concluded that coercion is not necessary for law. Coercion and the Nature of Law is concerned with reviving the Coercion Thesis, presenting a strong case for the inherently coercive nature of legal regulation, and arguing that anything properly characterized as a legal system must back legal norms prohibiting breaches of the peace with the threat of a coercive sanction. Himma presents the argument that people are self-interested beings who must compete in a world of scarcity for everything they need to survive and thrive. The need to compete for resources naturally leads to conflict that can breach the peace, and threatens the ability to live together in a community and reap the social benefits of cooperation. Law only functions as a system if it can maintain the peace enough for community to continue, and thus systems of law cannot succeed in doing anything that we want systems of law to do unless they back laws prohibiting violent assaults on persons or property with the threat of punishment; without sanctions, we would descend into something resembling a condition of war-of-all-against-all. We adopt coercive systems of regulation precisely to avoid having to live under such conditions. The book is divided into three parts: (1) a prima facie logical-empirical case for the Coercion Thesis, (2) a study of the "society of angels" and international law counterexamples, and why they do not refute the thesis, and (3) an analysis of how law guides behaviour and the implications of the Coercion Thesis on reasons for action. Going against the current conventional wisdom in legal philosophy, Himma makes a systematic defence of the Coercion Thesis arguing that coercion or enforcement mechanisms are not only a necessary feature of legal systems, but a conceptually necessary feature of legal systems.
Author : Jonathan Crowe
Publisher : Cambridge University Press
ISBN 13 : 1108498302
Total Pages : 275 pages
Book Rating : 4.1/5 (84 download)
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.
Author : Maarten Franssen
Publisher : Springer Science & Business Media
ISBN 13 : 3319008013
Total Pages : 225 pages
Book Rating : 4.3/5 (19 download)
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?
Author : Frederick Schauer
Publisher : Harvard University Press
ISBN 13 : 0674368215
Total Pages : 256 pages
Book Rating : 4.6/5 (743 download)
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
Author : Dawn Moore
Publisher : UBC Press
ISBN 13 : 0774813954
Total Pages : 209 pages
Book Rating : 4.7/5 (748 download)
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.
Author : Thomas McGinn
Publisher : University of Michigan Press
ISBN 13 : 047202857X
Total Pages : 367 pages
Book Rating : 4.4/5 (72 download)
Download or read book Obligations in Roman Law written by Thomas McGinn and published by University of Michigan Press. This book was released on 2013-01-23 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Long a major element of classical studies, the examination of the laws of the ancient Romans has gained momentum in recent years as interdisciplinary work in legal studies has spread. Two resulting issues have arisen, on one hand concerning Roman laws as intellectual achievements and historical artifacts, and on the other about how we should consequently conceptualize Roman law. Drawn from a conference convened by the volume's editor at the American Academy in Rome addressing these concerns and others, this volume investigates in detail the Roman law of obligations—a subset of private law—together with its subordinate fields, contracts and delicts (torts). A centuries-old and highly influential discipline, Roman law has traditionally been studied in the context of law schools, rather than humanities faculties. This book opens a window on that world. Roman law, despite intense interest in the United States and elsewhere in the English-speaking world, remains largely a continental European enterprise in terms of scholarly publications and access to such publications. This volume offers a collection of specialist essays by leading scholars Nikolaus Benke, Cosimo Cascione, Maria Floriana Cursi, Paul du Plessis, Roberto Fiori, Dennis Kehoe, Carla Masi Doria, Ernest Metzger, Federico Procchi, J. Michael Rainer, Salvo Randazzo, and Bernard Stolte, many of whom have not published before in English, as well as opening and concluding chapters by editor Thomas A. J. McGinn.
Author : Kitty Calavita
Publisher : University of Chicago Press
ISBN 13 : 022629661X
Total Pages : 245 pages
Book Rating : 4.2/5 (262 download)
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
Author : Peter Goodrich
Publisher : Cambridge University Press
ISBN 13 : 1107035996
Total Pages : 313 pages
Book Rating : 4.1/5 (7 download)
Download or read book Legal Emblems and the Art of Law written by Peter Goodrich and published by Cambridge University Press. This book was released on 2014 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emblem book was invented by the humanist lawyer Andrea Alciato in 1531. The preponderance of juridical and normative themes, of images of rule and infraction, of obedience and error in the emblem books is critical to their purpose and interest. This book outlines the history of the emblem tradition as a juridical genre, along with the concept of, and training in, obiter depicta, in things seen along the way to judgment. It argues that these books depict norms and abuses in classically derived forms that become the visual standards of governance. Despite the plethora of vivid figures and virtual symbols that define and transmit law, contemporary lawyers are not trained in the critical apprehension of the visible. This book is the first to reconstruct the history of the emblem tradition, evidencing the extent to which a gallery of images of law already exists and structuring how the public realm is displayed, made present and viewed.
Author : Richard K. Sherwin
Publisher : University of Chicago Press
ISBN 13 : 9780226752914
Total Pages : 352 pages
Book Rating : 4.7/5 (529 download)
Download or read book When Law Goes Pop written by Richard K. Sherwin and published by University of Chicago Press. This book was released on 2000-06-28 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: "When Law Goes Pop" is an examination of legal practice in today's world, one that should be needed by everyone concerned with the future of our legal system and the meaning we invest in it.
Author : Texas
Publisher :
ISBN 13 :
Total Pages : 924 pages
Book Rating : 4.F/5 ( download)
Download or read book Natural Resources Code written by Texas and published by . This book was released on 1978 with total page 924 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Thomas J. McSweeney
Publisher : Oxford University Press, USA
ISBN 13 : 0198845456
Total Pages : 305 pages
Book Rating : 4.1/5 (988 download)
Download or read book Priests of the Law written by Thomas J. McSweeney and published by Oxford University Press, USA. This book was released on 2019 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Priests of the Law tells the story of the first people in the history of the common law to think of themselves as legal professionals. In the middle decades of the thirteenth century, a group of justices working in the English royal courts spent a great deal of time thinking and writing about what it meant to be a person who worked in the law courts. This book examines the justices who wrote the treatise known as Bracton. Written and re-written between the 1220s and the 1260s, Bracton is considered one of the great treatises of the early common law and is still occasionally cited by judges and lawyers when they want to make the case that a particular rule goes back to the beginning of the common law. This book looks to Bracton less for what it can tell us about the law of the thirteenth century, however, than for what it can tell us about the judges who wrote it. The judges who wrote Bracton - Martin of Pattishall, William of Raleigh, and Henry of Bratton - were some of the first people to work full-time in England's royal courts, at a time when there was no recourse to an obvious model for the legal professional. They found one in an unexpected place: they sought to clothe themselves in the authority and prestige of the scholarly Roman-law tradition that was sweeping across Europe in the thirteenth century, modelling themselves on the jurists of Roman law who were teaching in European universities. In Bracton and other texts they produced, the justices of the royal courts worked hard to ensure that the nascent common-law tradition grew from Roman Law. Through their writing, this small group of people, working in the courts of an island realm, imagined themselves to be part of a broader European legal culture. They made the case that they were not merely servants of the king: they were priests of the law.
Author : Anne Mette Hansen
Publisher : Rodopi
ISBN 13 : 9042018887
Total Pages : 391 pages
Book Rating : 4.0/5 (42 download)
Download or read book The Book as Artefact, Text and Border written by Anne Mette Hansen and published by Rodopi. This book was released on 2005 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Books do not just contain texts: books themselves are cultural artefacts, which convey many meanings in their own right, meanings which interact with the texts they contain. Awareness of the many significances of books as cultural and textual objects reshapes the traditional disciplines of textual theory, analytic bibliography, codicology and palaeography, while the advent of electronic books, and digital methods for representing print books, is introducing a new dimension to our understanding. Seven essays in this volume, ranging over medieval Portuguese and Swedish manuscripts, eighteenth-century Icelandic editions, Australian playtexts, Thackeray and Anita Brookner, and Stefan George, consider these questions from the broad perspective of textual scholarship. Texts may exist on the borderland of word and not-word; or they may spring from borderlands of nation or culture; or they may be considered from the margins of neighbouring disciplines. So readers must set the texts within contexts, to see the play of text against border. Essays in this volume explore different texts against varying backgrounds -- Pound's Cantos, Joyce's Ulysses, Trollope's An Eye for an Eye, Woolf's The Waves -- while essays by McGann and Lernout argue the dimensionality of text on the intersection of print and digital media. Implicit in all these essays is the contention, that textual scholarship must influence literary interpretation. Two final essays focus directly on this, in the cases of Melville's Moby-Dick and Emily Dickinson's late fragments. An extensive reviews section completes this volume.
