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Meta Theory Of Law
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Book Synopsis Meta-theory of Law by : Mathieu Carpentier
Download or read book Meta-theory of Law written by Mathieu Carpentier and published by John Wiley & Sons. This book was released on 2022-10-04 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is devoted to the theory of legal theory, also referred to as the "meta-theory of law". The aim of this emerging discipline is to determine the objectives, aims and methods of legal theory, and to establish the conditions of possibility as well as the validity criteria for theoretical discourse on law. The contributions in this book provide an overview of these aspects through different perspectives and approaches. The very purpose of legal theory has been disputed and the subject area is currently subject to increasing cross-fertilization between different, and sometimes diverging, traditions. Meta-theory of Law assesses these emerging trends by questioning two basic objects of legal theory, the "nature" and the "science" of law.
Book Synopsis Meta-theory of Law by : Mathieu Carpentier
Download or read book Meta-theory of Law written by Mathieu Carpentier and published by John Wiley & Sons. This book was released on 2022-08-24 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is devoted to the theory of legal theory, also referred to as the "meta-theory of law". The aim of this emerging discipline is to determine the objectives, aims and methods of legal theory, and to establish the conditions of possibility as well as the validity criteria for theoretical discourse on law. The contributions in this book provide an overview of these aspects through different perspectives and approaches. The very purpose of legal theory has been disputed and the subject area is currently subject to increasing cross-fertilization between different, and sometimes diverging, traditions. Meta-theory of Law assesses these emerging trends by questioning two basic objects of legal theory, the "nature" and the "science" of law.
Book Synopsis Metatheory in Social Science by : Donald Winslow Fiske
Download or read book Metatheory in Social Science written by Donald Winslow Fiske and published by University of Chicago Press. This book was released on 1986-03-15 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the nature of the social sciences? What kinds of knowledge can they—and should they—hope to create? Are objective viewpoints possible and can universal laws be discovered? Questions like these have been asked with increasing urgency in recent years, as some philosophers and researchers have perceived a "crisis" in the social sciences. Metatheory in Social Science offers many provocative arguments and analyses of basic conceptual frameworks for the study of human behavior. These are offered primarily by practicing researchers and are related to problems in disciplines as diverse as sociology, psychology, psychiatry, anthropology, and philosophy of science. While various points of view are expressed in these nineteen essays, they have in common several themes, including the comparison of social and natural science, the role of knowledge in meeting the demands of society and its pressing problems, and the nature and role of subjectivity in science. Some authors hold that subjectivity cannot be studied scientifically; others argue that it can and must be if progress in knowledge is to be made. The essays demonstrate the philosophical pluralism they discuss and give a wide range of alternative positions on the future of the social and behavioral sciences in a postpositivist intellectual world.
Book Synopsis The Singular Universe and the Reality of Time by : Roberto Mangabeira Unger
Download or read book The Singular Universe and the Reality of Time written by Roberto Mangabeira Unger and published by Cambridge University Press. This book was released on 2015 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roberto Mangabeira Unger and Lee Smolin argue for a revolution in our cosmological ideas. Ideal for non-scientists, physicists and cosmologists.
Book Synopsis The Oxford Handbook on the Sources of International Law by : Samantha Besson
Download or read book The Oxford Handbook on the Sources of International Law written by Samantha Besson and published by Oxford University Press. This book was released on 2017 with total page 1233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.
Book Synopsis Sources in the Meta-theory of International Law by : Alexandra Kemmerer
Download or read book Sources in the Meta-theory of International Law written by Alexandra Kemmerer and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A meta-theoretical approach to sources opens reflexive spaces, situates theories in time and space, and allows for a contextual interpretation of sources. In this paper, drawing on the hermeneutic philosophy of Hans-Georg Gadamer and the writings of his most perceptive readers in international law, I develop a concept of reflexive situatedness prompting a constructive contextualization of sources and their interpreters in our 'normative pluriverse' (D'Aspremont). Following the traces of international law's current 'turn to interpretation' and a reading of international law as a 'hermeneutical enterprise', my assessment of the limits and potentials of Gadamerian philosophical hermeneutics prepares the ground for an analysis of the writings of international lawyers who have developed theories of international legal interpretation inspired by his work -- and, in particular, for a closer look at the writings of Outi Korhonen, linking her concept of situationality to an emphasis on context(s) that engages with the rhetorical dimension of Gadamer's work. Gadamer's conversational hermeneutics opens new perspectives for a contextual theory and praxis of international legal interpretation that brings together various disciplinary perspectives and cultural experiences, and thereby allows for a more nuanced and dynamic understanding of sources and their interpreters within their respective interpretative communities.
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.
Book Synopsis Meta-ethics, Moral Objectivity and Law by : Veronica Rodriguez-Blanco
Download or read book Meta-ethics, Moral Objectivity and Law written by Veronica Rodriguez-Blanco and published by Brill Mentis. This book was released on 2004 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book shows the relevance of meta-ethical and metaphysical considerations to determine the nature of law and the connection between objective moral and legal judgements. The investigation analyses the legal theories of Ronald Dworkin, Jürgen Habermas and Michael Moore. The conclusion of the scrutiny is that the discussed views fail to explain the plausible links between objective moral and legal judgements. The lesson to learn from the failure of these philosophical perspectives is that we need to revise fundamental meta-ethical conceptions within law. In addition to the view that meta-ethical and metaphysical considerations play a central role in our understanding of objective moral and legal judgements, we enforce the idea that it is necessary to revise our meta-ethical and metaphysical premises in jurisprudence. Epistemic and meta-ethical abstinence in legal theory, in this way, is challenged by a number of criticisms. The outcome of our reflection is that in legal theory, as in many other disciplines, we need to take truth and objectivity seriously.
Book Synopsis The Law-Governed Universe by : John T. Roberts
Download or read book The Law-Governed Universe written by John T. Roberts and published by OUP Oxford. This book was released on 2008-11-27 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: John T. Roberts presents and defends a radically new theory of laws of nature, the Measurability Account. Though consistent with a Humean ontology, Roberts's theory differs sharply from the most influential Humean theory of laws, David Lewis's Best-System Analysis. Unlike other Humean theories, the Measurability Account affirms that there is an important sense in which the laws govern the universe, rather than simply describing it economically. Yet unlike non-Humean theories, it requires only minimal metaphysical commitments. In this way, it combines the advantages of Humean and non-Humean approaches to laws, while avoiding the pitfalls of each. At the heart of the Measurability Account are two new ideas: that lawhood is not a property of facts but rather a role that a proposition can play within a scientific theory, and that what is essential to laws is that they guarantee the reliability of methods of measuring natural quantities. On the basis of these ideas, Roberts argues that we can offer an informative and compelling explanation of why laws have the peculiar counterfactual resilience that sets them apart from accidental uniformities.
Book Synopsis Theory of Legal Science by : Aleksander Peczenik
Download or read book Theory of Legal Science written by Aleksander Peczenik and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proceedings of the Conference on Legal Theory and Philosophy of Science, Lund, Sweden, December 11-14, 1983
Book Synopsis Epistemic Uncertainty and Legal Theory by : Brian Burge-Hendrix
Download or read book Epistemic Uncertainty and Legal Theory written by Brian Burge-Hendrix and published by Routledge. This book was released on 2016-12-05 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political rights, such as those of Canada and the United States - as well as cases in constitutional adjudication. It shows the worth of careful reflection on methodological and meta-theoretical issues for a comprehensive account of a present-day legal system which is fast becoming the norm. The author explicitly connects the ongoing Methodology Debate within legal philosophy to constitutional adjudication and Canadian law. By drawing out the implications of the Methodology Debate and the challenge of giving a proper account of constitutional adjudication in a general theory of law, the study examines how a descriptive, morally and politically neutral legal theory can deal with epistemic uncertainty - uncertainty about the actual status of moral-political legal provisions and their jurisprudential function - in a thoroughgoing manner. It also demonstrates the merits of a minimalist version of Legal Positivism with regard to the practical importance of charters in charter systems and societies.
Book Synopsis Evolution and Constitution by : Erhard Oeser
Download or read book Evolution and Constitution written by Erhard Oeser and published by Springer Science & Business Media. This book was released on 2003-11-30 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work for the first time brings together case law and law based on norms. It offers the reader a survey and a new explanation of evolutionary emergence of social contracts and constitutions in the European history, and should help to build a bridge between 'two cultures', science and humanities. It is addressed to philosophers of law, historians of law, theorists of science and social scientists.
Book Synopsis Law as Institution by : Massimo La Torre
Download or read book Law as Institution written by Massimo La Torre and published by Springer Science & Business Media. This book was released on 2010-08-13 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book – which is the result of several years of research, discussion, writing and re-writing – consists of three parts and eight chapters. The rst part is given by the two rst chapters introducing the issue of validity and facticity in law. The second part (Chapters 3, 4 and 5) is the core of this study and tries to present a theory based on a speci c view about language and social practice. The third part deal with the issue of value judgments and views about morality and consists of Chapters 6 and 7. Chapter 8 should nally serve as epilogue. In the rst chapter a discussion is started about the relationship between law and power, seen as a presupposition for an assessment of the nature of law. As a matter of fact, as has been remarked, “general theories of law struggle to do justice to the 1 multiple dualities of the law”. Indeed, law has a “dual nature”: it is a fact, but it also a norm, a sort of ideal entity. Law is sanction, but it is also discourse. It is effectivity, or facticity, but it is also a vehicle of principles among which the central one is justice. But this duality is not only a phenomenological, or a matter of justi cation and implementation as two separate moments.
Book Synopsis Theory of Legal Evidence - Evidence in Legal Theory by : Verena Klappstein
Download or read book Theory of Legal Evidence - Evidence in Legal Theory written by Verena Klappstein and published by Springer Nature. This book was released on 2022-01-03 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses theoretical problems concerning legal evidence. The concept of evidence is expected to fulfill a number of distinct roles in science and philosophy, but also in legal theory and law, some of which are complementary, while others are conflicting. In their profession, lawyers have to deal with evidence and proof. Yet the legal concept of evidence is constantly changing, and the debate concerning the distinction between a legal concept of evidence, the ordinary concept of evidence and the concept of evidence in science is far from being settled. What is more, the problem of evidence is central to both epistemology and the philosophy of science, and by extension to our academic thinking on law. In short, legal theorists’ interest in evidence may include such diverse objects as a bloody knife, sensory data, linguistic entities or psychologically recognized beliefs. The book surveys selected theoretical roles that the concept of evidence plays and explores their relations and interconnections. The content is divided into three parts, investigating: (1) evidence in epistemology and the philosophy of science, which focuses on evidence methodologies and the problem of proof in legal scholarship; (2) evidence in legal theory and legal philosophy, where particular attention is paid to the interplay between evidence, legal reasoning and the binding force of such reasoning; and (3) evidence in law, where theoretical problems pertaining to witnesses, expert opinions, explanations of the accused, statistical evidence and neuroscientific evidence are examined.
Book Synopsis Popular Culture and Legal Pluralism by : Wendy A Adams
Download or read book Popular Culture and Legal Pluralism written by Wendy A Adams and published by Routledge. This book was released on 2016-06-17 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing upon theories of critical legal pluralism and psychological theories of narrative identity, this book argues for an understanding of popular culture as legal authority, unmediated by translation into state law. In narrating our identities, we draw upon collective cultural narratives, and our narrative/nomos obligational selves become the nexus for law and popular culture as mutually constitutive discourse. The author demonstrates the efficacy and desirability of applying a pluralist legal analysis to examine a much broader scope of subject matter than is possible through the restricted perspective of state law alone. The study considers whether presumptively illegal acts might actually be instances of a re-imagined, alternative legality, and the concomitant implications. As an illustrative example, works of critical dystopia and the beliefs and behaviours of eco/animal-terrorists can be understood as shared narrative and normative commitments that constitute law just as fully as does the state when it legislates and adjudicates. This book will be of great interest to academics and scholars of law and popular culture, as well as those involved in interdisciplinary work in legal pluralism.
Book Synopsis Congress's Constitution by : Joshua Aaron Chafetz
Download or read book Congress's Constitution written by Joshua Aaron Chafetz and published by Yale University Press. This book was released on 2017-01-01 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- Acknowledgments -- Introduction -- PART ONE: SEPARATION-OF-POWERS MULTIPLICITY -- Prelude -- 1 Political Institutions in the Public Sphere -- 2 The Role of Congress -- PART TWO: CONGRESSIONAL HARD POWERS -- 3 The Power of the Purse -- 4 The Personnel Power -- 5 Contempt of Congress -- PART THREE: CONGRESSIONAL SOFT POWERS -- 6 The Freedom of Speech or Debate -- 7 Internal Discipline -- 8 Cameral Rules -- Conclusion: Toward a Normative Evaluation -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z
Book Synopsis Reasons for Action and the Law by : M.C. Redondo
Download or read book Reasons for Action and the Law written by M.C. Redondo and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: A focus on reasons for action and practical reason is the perspective chosen by many contemporary legal philosophers for the analysis of some central questions of their discipline. This book offers a critical evaluation of that approach, by carefully examining the empirical, logical and normative problems hidden behind the concepts of `reason for action' and `practical reasoning'. Unlike most other works in this field, it is a meta-theoretical study which analyses and compares how different theories use the notion of reason in their reconstruction of problems concerning issues such as normativity, the acceptance of norms, or the justification of judicial decisions. This book is directed primarily to scholars specializing in legal theory and concerned with the contribution practical philosophy can make to it, but it also contains important arguments and insights for all those interested in the controversy between legal positivists and their critics, in the theory of human action or in reason-based practical theories in general.
