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Law Metaphysics Meaning And Objectivity
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Book Synopsis Law: Metaphysics, Meaning, and Objectivity by :
Download or read book Law: Metaphysics, Meaning, and Objectivity written by and published by BRILL. This book was released on 2007-01-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers in philosophy of law by some of the younger cutting-edge contributors to the field. Two sets of issues of crucial current importance are taken up. The first part deals with issues of meaning and objectivity in the metaphysics of law. The second part is about rights theory. This volume will be required reading for anyone interested in philosophy of law, and also of use for those with broader interests in ethics, metaethics, and social and political philosophy.
Book Synopsis Objectivity in Law by : Nicos Stavropoulos
Download or read book Objectivity in Law written by Nicos Stavropoulos and published by Oxford University Press. This book was released on 1996 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise addresses a central topic in contemporary jurisprudence, namely whether it is possible for legal interpretations to be objective. The author claims that objectivity is possible in law, offering arguments based on metaphysics, philosophy and meta-ethics to reinforce his theory.
Book Synopsis Objectivity in Jurisprudence, Legal Interpretation and Practical Reasoning by : Villa-Rosas, Gonzalo
Download or read book Objectivity in Jurisprudence, Legal Interpretation and Practical Reasoning written by Villa-Rosas, Gonzalo and published by Edward Elgar Publishing. This book was released on 2022-10-18 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book explores the multifaceted phenomenon of objectivity and its relations to various aspects of jurisprudence, legal interpretation and practical reasoning. Featuring contributions from an international group of researchers from differing legal contexts, it addresses topics relevant not only from a theoretical point of view but also themes directly connected with legal and judicial practice.
Book Synopsis Positive Law and Objective Values by : Andrei Marmor
Download or read book Positive Law and Objective Values written by Andrei Marmor and published by Oxford University Press. This book was released on 2001 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is. On the basis of a theory of socialconventions and an analysis of law's authoritative nature, the book sets out the scope of law in relation to moral and other critical values. The book also maintains, however, that moral values are objective. It comprises a detailed analysis of the concept of objectivity, arguing that many aspectsof the law, and of moral values, are metaphysically objective.
Book Synopsis Objectivity and the Rule of Law by : Matthew Kramer
Download or read book Objectivity and the Rule of Law written by Matthew Kramer and published by Cambridge University Press. This book was released on 2007-06-11 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number of distinct though overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted.
Book Synopsis Law and Objectivity by : Kent Greenawalt
Download or read book Law and Objectivity written by Kent Greenawalt and published by Oxford University Press. This book was released on 1995-06-29 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: In modern times the idea of the objectivity of law has been undermined by skepticism about legal institutions, disbelief in ideals of unbiased evaluation, and a conviction that language is indeterminate. Greenawalt here considers the validity of such skepticism, examining such questions as: whether the law as it exists provides determinate answers to legal problems; whether the law should treat people in an "objective way," according to abstract rules, general categories, and external consequences; and how far the law is anchored in something external to itself, such as social morality, political justice, or economic efficiency. In the process he illuminates the development of jurisprudence in the English-speaking world over the last fifty years, assessing the contributions of many important movements.
Book Synopsis Logic and the Nature of Reality by : Louis O. Kattsoff
Download or read book Logic and the Nature of Reality written by Louis O. Kattsoff and published by Springer. This book was released on 2012-12-06 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is not merely about metaphysics; it is an essay in metaphysics. Furthermore, it is written in the firm conviction that metaphysics is possible and meaningful metaphysical statements can and should be made. However, I felt it necessary to approach the perennial problems of metaphysics through the avenues of linguistic analysis. I have tried not only to infiltrate the position of the linguists but to show that a fifth column already existed there. Yet the objections to metaphysics needed to be met or at least some indication of how they could be met had to be shown. It is never enough to demonstrate that objections are un founded - some positive indications of a possible metaphysics had to be offered. This book, as a consequence, tries also to draw at least in broad outline, a metaphysical position that seems to me to be well-founded. In the present state of philoso phy in the United States especially, this is sufficient reason for publishing another book in philosophy. I want to express my appreciation to a number of people. To my colleagues at North Carolina I am grateful for stimulating criticisms that often helped me see my way through to solutions. To Professors B. Blanshard (Yale University), and Ledger Wood (Princeton University), I am grateful for reading the manuscript.
Download or read book Vagueness and Law written by Geert Keil and published by Oxford University Press. This book was released on 2016 with total page 353 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 "soritical" 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 "vagueness", 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 Grazer Philosophische Studien by : Rudolf Haller
Download or read book Grazer Philosophische Studien written by Rudolf Haller and published by Rodopi. This book was released on 2009 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inhaltsverzeichnis / Table of Contents Abhandlungen / Articles Maria van der Schaar: Locke on Knowledge and the Cognitive Act Walter Hopp: Husserl, Dummett, and the Linguistic Turn Thor Grünbaum: Anscombe and Practical Knowledge of What Is Happening Julius Schälike: Moralische Verantwortung, Freiheit und Kausalität
Book Synopsis Law's Hermeneutics by : Simone Glanert
Download or read book Law's Hermeneutics written by Simone Glanert and published by Taylor & Francis. This book was released on 2017-02-17 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together leading academics hailing from different cultural and scholarly horizons, this book revisits legal hermeneutics by making particular reference to philosophy, sociology and linguistics. On the assumption that theory has much to teach law, that theory motivates and enables, the writings of such intellectuals as Martin Heidegger, Hans-Georg Gadamer, Jacques Derrida, Paul Ricœur, Giorgio Agamben, Jürgen Habermas, Ronald Dworkin and Ludwig Wittgenstein receive special consideration. As it explores the matter of reading the law and as it inquires into the emergence of meaning within the dynamic between reader and text against the background of the reader’s worldly finiteness, this collection of essays wishes to contribute to an improved appreciation of the merits and limits of law’s hermeneutics which, it argues, is emphatically not to be reduced to a simple tool for textual exegesis.
Book Synopsis The Cambridge Companion to Hermeneutics by : Michael N. Forster
Download or read book The Cambridge Companion to Hermeneutics written by Michael N. Forster and published by Cambridge University Press. This book was released on 2019-01-03 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the relevance of hermeneutics for modern human sciences, its history and development, and its key philosophical debates.
Book Synopsis The Actual and the Rational by : Jean-François Kervégan
Download or read book The Actual and the Rational written by Jean-François Kervégan and published by University of Chicago Press. This book was released on 2018-07-15 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of Hegel’s most controversial and confounding claims is that “the real is rational and the rational is real.” In this book, one of the world’s leading scholars of Hegel, Jean-François Kervégan, offers a thorough analysis and explanation of that claim, along the way delivering a compelling account of modern social, political, and ethical life. ?Kervégan begins with Hegel’s term “objective spirit,” the public manifestation of our deepest commitments, the binding norms that shape our existence as subjects and agents. He examines objective spirit in three realms: the notion of right, the theory of society, and the state. In conversation with Tocqueville and other theorists of democracy, whether in the Anglophone world or in Europe, Kervégan shows how Hegel—often associated with grand metaphysical ideas—actually had a specific conception of civil society and the state. In Hegel’s view, public institutions represent the fulfillment of deep subjective needs—and in that sense, demonstrate that the real is the rational, because what surrounds us is the product of our collective mindedness. This groundbreaking analysis will guide the study of Hegel and nineteenth-century political thought for years to come.
Book Synopsis Metaphilosophy of Law by : Pawel Banas
Download or read book Metaphilosophy of Law written by Pawel Banas and published by Bloomsbury Publishing. This book was released on 2016-10-06 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Methodological and metaphilosophical disputes in the contemporary philosophy of law are very vivid. Basic issues remain controversial. The purpose of the book is to confront approaches of Anglo-Saxon and continental philosophy of law to the following topics: the purpose of legal philosophy, the role of disagreement in legal philosophy, methodology of legal philosophy (conceptual analysis) and normativity of law. We see those areas of legal metaphilosophy as drawing recently more and more attention in the literature. The authors of particular chapters are internationally recognised scholars rooted in various traditions: Anglo-Saxon (Gerald Postema, Dennis Patterson, Kenneth Ehrenberg, Veronica Rodriguez-Blanco); Southern-European (Riccardo Guastini, Manuel Atienza); Nordic (Torben Spaak); German (Ralf Poscher); and Central-European (Jan Wolenski, Tomasz Gizbert-Studnicki, Adam Dyrda). They represent different approaches and different backgrounds. The purpose of the volume is to contribute to the cross-cultural discussions of fundamental issues of philosophy of law.
Book Synopsis Pragmatism, Law, and Language by : Graham Hubbs
Download or read book Pragmatism, Law, and Language written by Graham Hubbs and published by Routledge. This book was released on 2013-11-12 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume puts leading pragmatists in the philosophy of language, including Robert Brandom, in contact with scholars concerned with what pragmatism has come to mean for the law. Each contribution uses the resources of pragmatism to tackle fundamental problems in the philosophy of language, the philosophy of law, and social and political philosophy. In many chapters, the version of pragmatism deployed proves a fruitful approach to its subject matter; in others, shortcomings of the specific brand of pragmatism are revealed. The result is a clearer understanding of what pragmatism has meant and can mean across these tightly related philosophical areas. The book, then, is itself pragmatism in action: it seeks to clarify its unifying concept by examining the practices that centrally involve it.
Book Synopsis Civil Wrongs and Justice in Private Law by : Paul B. Miller
Download or read book Civil Wrongs and Justice in Private Law written by Paul B. Miller and published by Oxford University Press. This book was released on 2020-02-05 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.
Book Synopsis Oxford Studies in Philosophy of Law: Volume 2 by : Leslie Green
Download or read book Oxford Studies in Philosophy of Law: Volume 2 written by Leslie Green and published by Oxford University Press, USA. This book was released on 2013-08-29 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oxford Studies in the Philosophy of Law is an annual forum for new philosophical work on law. The essays range widely over general jurisprudence (the nature of law, adjudication, and legal reasoning), philosophical foundations of specific areas of law (from criminal to international law), and other philosophical topics relating to legal theory.
Download or read book Laws and Lawmakers written by Marc Lange and published by Oxford University Press. This book was released on 2009-07-09 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: What distinguishes laws of nature from ordinary facts? What are the "lawmakers": the facts in virtue of which the laws are laws? How can laws be necessary, yet contingent? Lange provocatively argues that laws are distinguished by their necessity, which is grounded in primitive subjunctive facts, while also providing a non-technical and accessible survey of the field.
