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Legal Naturalism
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Download or read book Legal Naturalism written by Olufemi Taiwo and published by Cornell University Press. This book was released on 2015-11-12 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence. It explicates both Marx's writings and the idea of natural law, and makes a forceful contribution to current debates on the foundations of law. Olufemi Taiwo argues that embedded in the corpus of Marxist writing is a plausible, adequate, and coherent legal theory. He describes Marx's general concept of law, which he calls "legal naturalism." For Marxism, natural law isn't a permanent verity; it refers to the basic law of a given epoch or social formation which is an essential aspect of its mode of production. Capitalist law is thus natural law in a capitalist society and is politically and morally progressive relative to the laws of preceding social formations. Taiwo emphasizes that these formations are dialectical or dynamic, not merely static, so that the law which is naturally appropriate to a capitalist economy will embody tensions and contradictions that replicate the underlying conflicts of that economy. In addition, he discusses the enactment and reform of "positive law"—law established by government institutions—in a Marxian framework.
Book Synopsis Naturalizing Jurisprudence by : Brian Leiter
Download or read book Naturalizing Jurisprudence written by Brian Leiter and published by Oxford University Press, USA. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revisedversions of ten of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect the Realist program to themethodology debate in contemporary jurisprudence; and explore the general implications of a naturalistic world view for problems about the objectivity of law and morality. Leiter has supplied a lengthy new introductory essay, as well as postscripts to several of the essays, in which he responds tochallenges to his interpretive and philosophical claims by academic lawyers and philosophers.This volume will be essential reading for anyone interested in jurisprudence, as well as for philosophers concerned with the consequences of naturalism in moral and legal philosophy.
Book Synopsis Knowing the Natural Law by : Steven J. Jensen
Download or read book Knowing the Natural Law written by Steven J. Jensen and published by CUA Press. This book was released on 2015-03-26 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Knowing the Natural Law traces the thought of Aquinas from an understanding of human nature to a knowledge of the human good, from there to an account of ought-statements, and finally to choice, which issues in human actions. The much discussed article on the precepts of the natural law (I-II, 94, 2) provides the framework for a natural law rooted in human nature and in speculative knowledge. Practical knowledge is itself threefold: potentially practical knowledge, virtually practical knowledge, and fully practical knowledge.
Book Synopsis Between Naturalism and Religion by : Jürgen Habermas
Download or read book Between Naturalism and Religion written by Jürgen Habermas and published by John Wiley & Sons. This book was released on 2014-11-06 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two countervailing trends mark the intellectual tenor of our age – the spread of naturalistic worldviews and religious orthodoxies. Advances in biogenetics, brain research, and robotics are clearing the way for the penetration of an objective scientific self-understanding of persons into everyday life. For philosophy, this trend is associated with the challenge of scientific naturalism. At the same time, we are witnessing an unexpected revitalization of religious traditions and the politicization of religious communities across the world. From a philosophical perspective, this revival of religious energies poses the challenge of a fundamentalist critique of the principles underlying the modern Wests postmetaphysical understanding of itself. The tension between naturalism and religion is the central theme of this major new book by Jürgen Habermas. On the one hand he argues for an appropriate naturalistic understanding of cultural evolution that does justice to the normative character of the human mind. On the other hand, he calls for an appropriate interpretation of the secularizing effects of a process of social and cultural rationalization increasingly denounced by the champions of religious orthodoxies as a historical development peculiar to the West. These reflections on the enduring importance of religion and the limits of secularism under conditions of postmetaphysical reason set the scene for an extended treatment the political significance of religious tolerance and for a fresh contribution to current debates on cosmopolitanism and a constitution for international society.
Book Synopsis Literary Obscenities by : Erik M. Bachman
Download or read book Literary Obscenities written by Erik M. Bachman and published by Refiguring Modernism. This book was released on 2019-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines U.S. obscenity trials in the early twentieth century and how they framed a wide-ranging debate about the printed word's power to deprave, offend, and shape behavior.
Book Synopsis The Cambridge Companion to Natural Law Ethics by : Tom Angier
Download or read book The Cambridge Companion to Natural Law Ethics written by Tom Angier and published by Cambridge University Press. This book was released on 2019-11-07 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do ethical norms relate to human nature? This comprehensive and interdisciplinary volume surveys the latest thinking on natural law.
Book Synopsis Understanding Naturalism by : Jack Ritchie
Download or read book Understanding Naturalism written by Jack Ritchie and published by Routledge. This book was released on 2014-12-05 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many contemporary Anglo-American philosophers describe themselves as naturalists. But what do they mean by that term? Popular naturalist slogans like, "there is no first philosophy" or "philosophy is continuous with the natural sciences" are far from illuminating. "Understanding Naturalism" provides a clear and readable survey of the main strands in recent naturalist thought. The origin and development of naturalist ideas in epistemology, metaphysics and semantics is explained through the works of Quine, Goldman, Kuhn, Chalmers, Papineau, Millikan and others. The most common objections to the naturalist project - that it involves a change of subject and fails to engage with "real" philosophical problems, that it is self-refuting, and that naturalism cannot deal with normative notions like truth, justification and meaning - are all discussed. "Understanding Naturalism" distinguishes two strands of naturalist thinking - the constructive and the deflationary - and explains how this distinction can invigorate naturalism and the future of philosophical research.
Download or read book Living Law written by Marc Hertogh and published by Bloomsbury Publishing. This book was released on 2008-12-13 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays is the first edited volume in the English language which is entirely dedicated to the work of Eugen Ehrlich. Eugen Ehrlich (1862-1922) was an eminent Austrian legal theorist and professor of Roman law. He is considered by many as one of the 'founding fathers' of modern sociology of law. Although the importance of his work (including his concept of 'living law') is widely recognised, Ehrlich has not yet received the serious international attention he deserves. Therefore, this collection of essays is aimed at 'reconsidering' Eugen Ehrlich by bringing together an interdisciplinary group of leading international experts to discuss both the historical and theoretical context of his work and its relevance for contemporary law and society scholarship. This book has been divided into four parts. Part I of this volume paints a lively picture of the Bukowina, in southeastern Europe, where Ehrlich was born in 1862. Moreover it considers the political and academic atmosphere at the end of the nineteenth century. Part II discusses the main concepts and ideas of Ehrlich's sociology of law and considers the reception of Ehrlich's work in the German speaking world, in the United States and in Japan. Part III of this volume is concerned with the work of Ehrlich in relation to that of some his contemporaries, including Roscoe Pound, Hans Kelsen and Cornelis van Vollenhoven. Part IV focuses on the relevance of Ehrlich's work for current socio-legal studies. This volume provides both an introduction to the important and innovative scholarship of Eugen Ehrlich as well as a starting point for further reading and discussion.
Book Synopsis The Gold Standard and the Logic of Naturalism by : Walter Benn Michaels
Download or read book The Gold Standard and the Logic of Naturalism written by Walter Benn Michaels and published by Univ of California Press. This book was released on 1987 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Michaels has written a book that will be essential reading for all those interested in American fiction and American culture. . . . This is a daring, brash work of the best kind—it will be much discussed."—Philip Fisher, Brandeis University "Like Michel Foucault, Michaels locates the 'political' in the relations between individuals, in consciousness, and in language. His work represents a far more subtle, internalized, and unschematic conception of the convergence of literature and power than we have had in American studies. He is one of the most gifted practitioners of cultural criticism today."—Leo Marx, Massachusetts Institute of Technology
Book Synopsis Aristotle and Natural Law by : Tony Burns
Download or read book Aristotle and Natural Law written by Tony Burns and published by Bloomsbury Publishing. This book was released on 2011-10-27 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aristotle and Natural Law lays out a new theoretical approach which distinguishes between the notions of 'interpretation,' 'appropriation,' 'negotiation' and 'reconstruction' of the meaning of texts and their component concepts. These categories are then deployed in an examination of the role which the concept of natural law is used by Aristotle in a number of key texts. The book argues that Aristotle appropriated the concept of natural law, first formulated by the defenders of naturalism in the 'nature versus convention debate' in classical Athens. Thereby he contributed to the emergence and historical evolution of the meaning of one of the most important concept in the lexicon of Western political thought. Aristotle and Natural Law argues that Aristotle's ethics is best seen as a certain type of natural law theory which does not allow for the possibility that individuals might appeal to natural law in order to criticize existing laws and institutions. Rather its function is to provide them with a philosophical justification from the standpoint of Aristotle's metaphysics.
Book Synopsis The Concept of Law by : Herbert Lionel Adolphus Hart
Download or read book The Concept of Law written by Herbert Lionel Adolphus Hart and published by . This book was released on 1986 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Cambridge Companion to Legal Positivism by : Torben Spaak
Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
Book Synopsis Naturalism and Democracy by : Wolfgang Bartuschat
Download or read book Naturalism and Democracy written by Wolfgang Bartuschat and published by BRILL. This book was released on 2019-09-02 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Naturalism and Democracy, first published in German in 2014, presents a long-awaited commentary on Spinoza’s Political Treatise (Tractatus politicus). Its contents reflect a recent intensification in the interest in Spinoza’s political philosophy in Germany. The volume addresses Spinoza’s political philosophy according to its place within his philosophical system as a whole, beginning with his theory of the natural genesis of law and state. Following from this are commentaries on the foundations of political philosophy, the relation of natural and state law, the theory of sovereignty, and theory of international relations. These chapters lay the basis for four essays interpreting Spinoza’s attempt to conceive of a systematic optimization of political and legal institutions for all three forms of governance (monarchy, aristocracy, democracy). The volume closes with an analysis of the current relevance of Spinoza’s political thinking and his influence on contemporary debates.
Book Synopsis Legal Reasoning by : Martin P. Golding
Download or read book Legal Reasoning written by Martin P. Golding and published by Broadview Press. This book was released on 2001-03-02 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a book that is a blend of text and readings, Martin P. Golding explores legal reasoning from a variety of angles—including that of judicial psychology. The primary focus, however, is on the ‘logic’ of judicial decision making. How do judges justify their decisions? What sort of arguments do they use? In what ways do they rely on legal precedent? Golding includes a wide variety of cases, as well as a brief bibliographic essay (updated for this Broadview Encore Edition).
Book Synopsis From Psychology to Morality by : John Deigh
Download or read book From Psychology to Morality written by John Deigh and published by Oxford University Press. This book was released on 2018-07-02 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this collection belong to the tradition of naturalism in ethics. The tradition goes back to the beginnings of moral philosophy in ancient Greek thought. Its program is to explain moral thought and action as wholly natural phenomena. Its aim, in other words, is to explain such thought and action without recourse to either a reality separate from that of the natural world or volitional powers that operate independently of natural forces. Its greatest exponent in ancient thought was Aristotle. In modern thought Hume and Freud stand out as the most influential contributors to the tradition. All three thinkers made the study of human psychology fundamental to their work in ethics. All three built their theories on studies of human desires and emotions and assigned to reason the role of guiding the actions that spring from our desires and emotions toward ends that promise self-fulfillment and away from ends that are self-destructive. The collection's essays draw inspiration from their ideas. Its twelve principal essays are arranged to follow the lead of Aristotle's and Hume's ethics. The first three survey and examine general theories of emotion and motivation. The next two focus on emotions that are central to human sociability and that contemporary Anglo-American philosophers discuss under the rubric of reactive attitudes. Turning to distinctively cognitive powers necessary for moral thought and action, the sixth and seventh essays discuss the role of empathy in moral judgment and defend Bernard Williams's controversial account of practical reason. The final five essays use the studies in moral psychology of the previous chapters to treat questions in ethics and social philosophy. The treatment of these questions exemplifies the implementation of a naturalist program in these disciplines.
Book Synopsis Victorian Scientific Naturalism by : Gowan Dawson
Download or read book Victorian Scientific Naturalism written by Gowan Dawson and published by University of Chicago Press. This book was released on 2014-04-28 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Victorian Scientific Naturalism examines the secular creeds of the generation of intellectuals who, in the wake of The Origin of Species, wrested cultural authority from the old Anglican establishment while installing themselves as a new professional scientific elite. These scientific naturalists—led by biologists, physicists, and mathematicians such as William Kingdon Clifford, Joseph Dalton Hooker, Thomas Henry Huxley, and John Tyndall—sought to persuade both the state and the public that scientists, not theologians, should be granted cultural authority, since their expertise gave them special insight into society, politics, and even ethics. In Victorian Scientific Naturalism, Gowan Dawson and Bernard Lightman bring together new essays by leading historians of science and literary critics that recall these scientific naturalists, in light of recent scholarship that has tended to sideline them, and that reevaluate their place in the broader landscape of nineteenth-century Britain. Ranging in topic from daring climbing expeditions in the Alps to the maintenance of aristocratic protocols of conduct at Kew Gardens, these essays offer a series of new perspectives on Victorian scientific naturalism—as well as its subsequent incarnations in the early twentieth century—that together provide an innovative understanding of the movement centering on the issues of community, identity, and continuity.
Book Synopsis Reason in the Balance by : Phillip E. Johnson
Download or read book Reason in the Balance written by Phillip E. Johnson and published by InterVarsity Press. This book was released on 1998-06-29 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Phillip E. Johnson exposes the flawed underpinnings of naturalism in this discussion of evolution, sex education, abortion, God, the search for a grand unified theory in physics, what our public schools should teach, the basis of law and more.
