The Epistemological Foundations Of Law

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The Epistemological Foundations of Law

Author : Isaak Ismail Dore
Publisher :
ISBN 13 : 9781594603877
Total Pages : 0 pages
Book Rating : 4.6/5 (38 download)

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Book Synopsis The Epistemological Foundations of Law by : Isaak Ismail Dore

Download or read book The Epistemological Foundations of Law written by Isaak Ismail Dore and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book differs from a standard jurisprudence text in that it examines law as a truth claim. Its major question is whether there are any eternal truths about the law, and, if so, whether they are knowable. Examples of questions discussed are: What is the correct foundation of law? Is it knowable? What is its source? What is the role of reason? Does reason exist apart from the "sources" of law, in the Cartesian tradition separating mind and body (res cogitans and res extensa)? What is the nature of the obligation to obey the law and how does it arise? What is the nature of the connection between law and morality? The first Western philosopher who explicitly asserted that law is a truth claim was Socrates. It is not surprising that other Western philosophers followed this path. This book traces the origins of this claim to some 500 years before Socrates walked the streets of Athens and then provides a compete historical profile over eight overlapping historical/philosophical periods: The pre-philosophical period, the presocratic period, the post-socratic period, the Roman period, the medieval/Christian period, the enlightenment period, the modern period and the postmodern period. These periods are intended to serve as analytical categories on which the organizational framework of the book rests. They also serve as evolutionary guideposts in an intellectual voyage, so that the reader gets an integrated picture of law not just as a social phenomenon but also as a truth claim, which, like all truth claims, can be critically evaluated. "This book is a brilliantly conceived and executed exploration of the extent to which law is rooted in "truth": rational truth, perceptive truth, and moral truth. This question is obviously foundational to law, whether law is viewed practically or theoretically. Through keen selection of materials and sharp commentary, Professor Dore presents - in one volume - the best current treatment of these issues from a broad historical perspective. It is an engaging and critical achievement, important reading for anyone interested in law as a human institution." -- Laura S. Underkuffler, J. DuPratt White Professor of Law, Cornell University Law School

Epistemology and Method in Law

Author : Geoffrey Samuel
Publisher : Routledge
ISBN 13 : 1351939343
Total Pages : 263 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Epistemology and Method in Law by : Geoffrey Samuel

Download or read book Epistemology and Method in Law written by Geoffrey Samuel and published by Routledge. This book was released on 2016-12-05 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis the book examines, generally, the question of what it is to have knowledge of law; and this examination embraces not just the conceptual foundations, methods, taxonomy and theories used by jurists. It also examines the epistemological schemes used by social scientists in general in order to show that such schemes are closely related to the schemes of intelligibility used by lawyers and judges.

Philosophical Foundations of Criminal Law

Author : R. A. Duff
Publisher : OUP Oxford
ISBN 13 : 0191654698
Total Pages : 560 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Philosophical Foundations of Criminal Law by : R. A. Duff

Download or read book Philosophical Foundations of Criminal Law written by R. A. Duff and published by OUP Oxford. This book was released on 2013-01-24 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world. Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.

The Project of Positivism in International Law

Author : Mónica García-Salmones Rovira
Publisher : Oxford University Press, USA
ISBN 13 : 0199685207
Total Pages : 449 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Project of Positivism in International Law by : Mónica García-Salmones Rovira

Download or read book The Project of Positivism in International Law written by Mónica García-Salmones Rovira and published by Oxford University Press, USA. This book was released on 2013-11 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book analyses international legal positivists' desire to emulate the success of the empirical methods applied in the biological and physical sciences; their wish to work with law with the certainty that natural facts started to provide as the natural sciences method developed". -- PREFACE.

The Philosophy of Law and Legal Science

Author : V.P. Salnikov
Publisher : Cambridge Scholars Publishing
ISBN 13 : 152751787X
Total Pages : 280 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis The Philosophy of Law and Legal Science by : V.P. Salnikov

Download or read book The Philosophy of Law and Legal Science written by V.P. Salnikov and published by Cambridge Scholars Publishing. This book was released on 2018-10-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores a variety of problems connected to philosophy and philosophy of law. It discusses the problem of monism-pluralism in philosophy and philosophy of law, criticizes philosophy of post-positivism and postmodernism, and investigates dialectics as a universal global methodological basis of scientific cognition and philosophy of law. The volume also pays particular attention to contemporary legal education, offering potential solutions to problems in this field. The book is the result of a range of sociological studies conducted both in Russia and abroad concerning the legal process and legal consciousness.

Law and Truth

Author : Dennis Michael Patterson
Publisher : Oxford University Press, USA
ISBN 13 : 0195132475
Total Pages : 202 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis Law and Truth by : Dennis Michael Patterson

Download or read book Law and Truth written by Dennis Michael Patterson and published by Oxford University Press, USA. This book was released on 1996 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking up a single question--"What does it mean to say a proposition of law is true?"--this book advances a major new account of truth in law. Drawing upon the later philosophy of Wittgenstein, as well as more recent postmodern theory of the relationship between language, meaning, and the world, Patterson examines leading contemporary jurisprudential approaches to this question and finds them flawed in similar and previously unnoticed ways. He offers a powerful alternative account of legal justification, one in which linguistic practice--the use of forms of legal argument--holds the key to legal meaning.

Minds, Brains, and Law

Author : Michael S. Pardo
Publisher : Oxford University Press
ISBN 13 : 0199812136
Total Pages : 269 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Minds, Brains, and Law by : Michael S. Pardo

Download or read book Minds, Brains, and Law written by Michael S. Pardo and published by Oxford University Press. This book was released on 2013-09 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.

Law and Economics

Author : Aristides N. Hatzis
Publisher : Routledge
ISBN 13 : 1317550323
Total Pages : 374 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Law and Economics by : Aristides N. Hatzis

Download or read book Law and Economics written by Aristides N. Hatzis and published by Routledge. This book was released on 2015-02-11 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Economics approach to law dominates the intellectual discussion of nearly every doctrinal area of law in the United States and its influence is growing steadily throughout Europe, Asia, and South America. Numerous academics and practitioners are working in the field with a flow of uninterrupted scholarship that is unprecedented, as is its influence on the law. Academically every major law school in the United States has a Law and Economics program and the emergence of similar programs on other continents continues to accelerate. Despite its phenomenal growth, the area is also the target of an ongoing critique by lawyers, philosophers, psychologists, social scientists, even economists since the late 1970s. While the critique did not seem to impede the development of the field, it certainly has helped it to become more sophisticated, inclusive, and mature. In this volume some of the leading scholars working in the field, as well as a number of those critical of Law and Economics, discuss the foundational issues from various perspectives: philosophical, moral, epistemological, methodological, psychological, political, legal, and social. The philosophical and methodological assumptions of the economic analysis of law are criticized and defended, alternatives are proposed, old and new applications are discussed. The book is ideal for a main or supplementary textbook in courses and seminars on legal theory, philosophy of law, jurisprudence, and (of course) Law and Economics.

Historical and Philosophical Foundations of European Legal Culture

Author : Dawid Bunikowski
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443862576
Total Pages : 235 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Historical and Philosophical Foundations of European Legal Culture by : Dawid Bunikowski

Download or read book Historical and Philosophical Foundations of European Legal Culture written by Dawid Bunikowski and published by Cambridge Scholars Publishing. This book was released on 2017-01-06 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ambitious book examines the historical, theoretical, and axiological foundations of European legal culture, and explores their practical impacts on current European law and legal ways of thinking in Europe. Including considerations about the history of law as well contemporary legal issues, the book consists of seven chapters authored by scholars from across the globe, from Italy to Taiwan. This volume shows that it is possible to speak of one European legal culture in terms of various countries’ common legal origins (Roman law, Greek philosophy, and medieval jurisprudence as the ius commune), while also discussing distinct national legal cultures and traditions in Europe. However, to understand the present day law and legal profession, it is necessary to go back to the values, theories, and thinkers which were influential in the progress of European law from ancient times to the 19th century. The book not only presents the theoretical and historical issues of European legal culture, but also acquaints the audience with the true axiological foundations of our contemporary legal institutions, and the methods of legal thinking in Europe. It is clear that many of our current legal concepts and institutions come from theorists such as Aristotle, Ulpian, Aquinas, Hobbes and Savigny. The book will be of particular interest to scholars and students of legal history, jurisprudence, and European law, especially in the context of the origins of European legal culture. Moreover, it will also appeal to all lawyers working in both the common law and the civil law traditions wishing to gain a greater understanding of European legal heritage.

Informatics and the Foundations of Legal Reasoning

Author : Z. Bankowski
Publisher : Springer Science & Business Media
ISBN 13 : 9401585318
Total Pages : 308 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis Informatics and the Foundations of Legal Reasoning by : Z. Bankowski

Download or read book Informatics and the Foundations of Legal Reasoning written by Z. Bankowski and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Informatics and the Foundations of Legal Reasoning represents a close collaboration between a wide range of disciplines and countries. Fourteen papers, together with a long analytical introduction by the editors, were selected from the contributions of legal theorists, computer scientists, philosophers and logicians who were members of an International Working Group supported by the European Commission. The Group was mandated to work towards determining how far the law is amenable to formal modeling, and in what ways computers might assist legal thinking and practice. The book is the result of discussions held by the Group over two and half years. It will help students and researchers from different backgrounds to focus on a common set of topics of increasing general interest. It embodies the results of work in progress and suggests many issues for further discussion. A stimulating text for undergraduate and graduate courses in law, philosophy and computer science departments, as well as for those interested in the place of computers in legal practice, especially at the international level.

Philosophical Foundations of Labour Law

Author : Hugh Collins
Publisher :
ISBN 13 : 0198825277
Total Pages : 369 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Philosophical Foundations of Labour Law by : Hugh Collins

Download or read book Philosophical Foundations of Labour Law written by Hugh Collins and published by . This book was released on 2018 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.

Law and Objectivity

Author : Kent Greenawalt
Publisher : Oxford University Press
ISBN 13 : 0195356926
Total Pages : 301 pages
Book Rating : 4.1/5 (953 download)

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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.

The End of the Law?

Author : David W. Opderbeck
Publisher : Wipf and Stock Publishers
ISBN 13 : 1498223893
Total Pages : 260 pages
Book Rating : 4.4/5 (982 download)

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Book Synopsis The End of the Law? by : David W. Opderbeck

Download or read book The End of the Law? written by David W. Opderbeck and published by Wipf and Stock Publishers. This book was released on 2021-08-12 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does neuroscience show that all our ideas about law and ethics are false? David Opderbeck answers this question with a broad and deep survey of the relationship between theology, science, and ethics. He proposes that Christian theology, which narrates the humanity and divinity of Christ, in conversation with the new Aristotelianism in the philosophy of science, provides a path through secular and religious fundamentalisms alike.

The German Federal Constitutional Court

Author : Matthias Jestaedt
Publisher : Oxford University Press
ISBN 13 : 0192512102
Total Pages : 405 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The German Federal Constitutional Court by : Matthias Jestaedt

Download or read book The German Federal Constitutional Court written by Matthias Jestaedt and published by Oxford University Press. This book was released on 2020-03-05 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.

Law from Anarchy to Utopia

Author : Chhatrapati Singh
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 334 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Law from Anarchy to Utopia by : Chhatrapati Singh

Download or read book Law from Anarchy to Utopia written by Chhatrapati Singh and published by Oxford University Press, USA. This book was released on 1985 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Basing Its Critique Of Western Legal Positivism On Concepts That Are Fundamental To The Indigenous Tradition Of Dharmasastra, This Work Is An Indian Restatement Of The Nature Of Law, Both Of Its Parts And Essence.

Applied Epistemology

Author : Jennifer Lackey
Publisher : Oxford University Press
ISBN 13 : 0198833652
Total Pages : 499 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Applied Epistemology by : Jennifer Lackey

Download or read book Applied Epistemology written by Jennifer Lackey and published by Oxford University Press. This book was released on 2021 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: Applied epistemology brings the tools of contemporary epistemology to bear on particular issues of social concern. While the field of social epistemology has flourished in recent years, there has been far less work on how theories of knowledge, justification, and evidence may be applied to concrete questions, especially those of ethical and political significance. This volume fills this gap in the current literature by bringing together leading philosophers in a broad range of areas in applied epistemology. The potential topics in applied epistemology are many and diverse, and this volume focuses on seven central issues, some of which are general while others are far more specific: epistemological perspectives; epistemic and doxastic wrongs; epistemology and injustice; epistemology, race, and the academy; epistemology and feminist perspectives; epistemology and sexual consent; and epistemology and the internet. Some of the chapters in this volume contribute to, and further develop, areas in social epistemology that are already active, while others open up entirely new avenues of research. All of the contributions aim to make clear the relevance and importance of epistemology to some of the most pressing social and political questions facing us as agents in the world.

A Philosophy of Evidence Law

Author : H. L. Ho
Publisher : Oxford University Press, USA
ISBN 13 : 0199228302
Total Pages : 362 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis A Philosophy of Evidence Law by : H. L. Ho

Download or read book A Philosophy of Evidence Law written by H. L. Ho and published by Oxford University Press, USA. This book was released on 2008-03-06 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.