The Normative Force Of The Factual

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The Normative Force of the Factual

Author : Nicoletta Bersier Ladavac
Publisher : Springer
ISBN 13 : 3030189295
Total Pages : 183 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis The Normative Force of the Factual by : Nicoletta Bersier Ladavac

Download or read book The Normative Force of the Factual written by Nicoletta Bersier Ladavac and published by Springer. This book was released on 2019-06-26 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the interrelation of facts and norms. How does law originate in the first place? What lies at the roots of this phenomenon? How is it preserved? And how does it come to an end? Questions like these led Georg Jellinek to speak of the “normative force of the factual” in the early 20th century, emphasizing the human tendency to infer rules from recurring events, and to perceive a certain practice not only as a fact but as a norm; a norm which not only allows us to distinguish regularity from irregularity, but at the same time, to treat deviances as transgressions. Today, Jellinek’s concept still provides astonishing insights on the dichotomy of “is” and “ought to be”, the emergence of the normative, the efficacy and the defeasibility of (legal) norms, and the distinct character of what legal theorists refer to as “normativity”. It leads us back to early legal history, it connects anthropology and legal theory, and it demonstrates the interdependence of law and the social sciences. In short: it invites us to fundamentally reassess the interrelation of facts and norms from various perspectives. The contributing authors to this volume have accepted that invitation.

Between Facts and Norms

Author : Jürgen Habermas
Publisher : John Wiley & Sons
ISBN 13 : 0745694268
Total Pages : 637 pages
Book Rating : 4.7/5 (456 download)

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Book Synopsis Between Facts and Norms by : Jürgen Habermas

Download or read book Between Facts and Norms written by Jürgen Habermas and published by John Wiley & Sons. This book was released on 2015-10-08 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is Habermas's long awaited work on law, democracy and the modern constitutional state in which he develops his own account of the nature of law and democracy.

The Normative Web

Author : Terence Cuneo
Publisher : Clarendon Press
ISBN 13 : 0191614815
Total Pages : 272 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Normative Web by : Terence Cuneo

Download or read book The Normative Web written by Terence Cuneo and published by Clarendon Press. This book was released on 2010-03-04 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antirealist views about morality claim that moral facts or truths do not exist. Do these views imply that other types of normative facts, such as epistemic ones, do not exist? The Normative Web develops a positive answer to this question. Terence Cuneo argues that the similarities between moral and epistemic facts provide excellent reason to believe that, if moral facts do not exist, then epistemic facts do not exist. But epistemic facts, it is argued, do exist: to deny their existence would commit us to an extreme version of epistemological skepticism. Therefore, Cuneo concludes, moral facts exist. And if moral facts exist, then moral realism is true. In so arguing, Cuneo provides not simply a defense of moral realism, but a positive argument for it. Moreover, this argument engages with a wide range of antirealist positions in epistemology such as error theories, expressivist views, and reductionist views of epistemic reasons. If the central argument of The Normative Web is correct, antirealist positions of these varieties come at a very high cost. Given their cost, Cuneo contends, we should find realism about both epistemic and moral facts highly attractive.

The Force of Law

Author : Frederick Schauer
Publisher : Harvard University Press
ISBN 13 : 0674368215
Total Pages : 256 pages
Book Rating : 4.6/5 (743 download)

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Book Synopsis The Force of Law by : Frederick Schauer

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

The Nature of International Law

Author : Miodrag A. Jovanović
Publisher : Cambridge University Press
ISBN 13 : 1108473334
Total Pages : 287 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Nature of International Law by : Miodrag A. Jovanović

Download or read book The Nature of International Law written by Miodrag A. Jovanović and published by Cambridge University Press. This book was released on 2019-04-25 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.

Facts, Values, and Norms

Author : Peter Railton
Publisher : Cambridge University Press
ISBN 13 : 9780521426930
Total Pages : 412 pages
Book Rating : 4.4/5 (269 download)

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Book Synopsis Facts, Values, and Norms by : Peter Railton

Download or read book Facts, Values, and Norms written by Peter Railton and published by Cambridge University Press. This book was released on 2003-03-17 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our everyday lives we struggle with the notions of why we do what we do and the need to assign values to our actions. Somehow, it seems possible through experience and life to gain knowledge and understanding of such matters. Yet once we start delving deeper into the concepts that underwrite these domains of thought and actions, we face a philosophical disappointment. In contrast to the world of facts, values and morality seem insecure, uncomfortably situated, easily influenced by illusion or ideology. How can we apply this same objectivity and accuracy to the spheres of value and morality? In the essays included in this collection, Peter Railton shows how a fairly sober, naturalistically informed view of the world might nonetheless incorporate objective values and moral knowledge. This book will be of interest to professionals and students working in philosophy and ethics.

Choosing Normative Concepts

Author : Matti Eklund
Publisher : Oxford University Press
ISBN 13 : 0198717822
Total Pages : 232 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Choosing Normative Concepts by : Matti Eklund

Download or read book Choosing Normative Concepts written by Matti Eklund and published by Oxford University Press. This book was released on 2017 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concepts we use to value and prescribe (concepts like good, right, ought) are historically contingent, and we could have found ourselves with others. But what does it mean to say that some concepts are better than others for purposes of action-guiding and deliberation? What is it to choose between different normative conceptual frameworks?

Explaining Norms

Author : Geoffrey Brennan
Publisher : Oxford University Press, USA
ISBN 13 : 0199654689
Total Pages : 301 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Explaining Norms by : Geoffrey Brennan

Download or read book Explaining Norms written by Geoffrey Brennan and published by Oxford University Press, USA. This book was released on 2013-09-05 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the concept of norms by four different philosophers. They discuss how norms emerge, persist, change, and how they serve to explain what we do.

Normativity and Phenomenology in Husserl and Heidegger

Author : Steven Crowell
Publisher : Cambridge University Press
ISBN 13 : 1107035449
Total Pages : 339 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Normativity and Phenomenology in Husserl and Heidegger by : Steven Crowell

Download or read book Normativity and Phenomenology in Husserl and Heidegger written by Steven Crowell and published by Cambridge University Press. This book was released on 2013-04-25 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrates how phenomenology constructively addresses problems in philosophy of mind, moral psychology and philosophy of action.

Normative Externalism

Author : Brian Weatherson
Publisher : Oxford University Press
ISBN 13 : 0192576887
Total Pages : 260 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Normative Externalism by : Brian Weatherson

Download or read book Normative Externalism written by Brian Weatherson and published by Oxford University Press. This book was released on 2019-03-20 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Normative Externalism argues that it is not important that people live up to their own principles. What matters, in both ethics and epistemology, is that they live up to the correct principles: that they do the right thing, and that they believe rationally. This stance, that what matters are the correct principles, not one's own principles, has implications across ethics and epistemology. In ethics, it undermines the ideas that moral uncertainty should be treated just like factual uncertainty, that moral ignorance frequently excuses moral wrongdoing, and that hypocrisy is a vice. In epistemology, it suggests we need new treatments of higher-order evidence, and of peer disagreement, and of circular reasoning, and the book suggests new approaches to each of these problems. Although the debates in ethics and in epistemology are often conducted separately, putting them in one place helps bring out their common themes. One common theme is that the view that one should live up to one's own principles looks less attractive when people have terrible principles, or when following their own principles would lead to riskier or more aggressive action than the correct principles. Another common theme is that asking people to live up to their principles leads to regresses. It can be hard to know what action or belief complies with one's principles. And now we can ask, in such a case should a person do what they think their principles require, or what their principles actually require? Both answers lead to problems, and the best way to avoid these problems is to simply say people should follow the correct principles.

Unbelievable Errors

Author : Bart Streumer
Publisher : Oxford University Press
ISBN 13 : 0191088951
Total Pages : 262 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Unbelievable Errors by : Bart Streumer

Download or read book Unbelievable Errors written by Bart Streumer and published by Oxford University Press. This book was released on 2017-08-11 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Unbelievable Errors, Bart Streumer defends an error theory about all normative judgements: not just moral judgements, but also judgements about reasons for action, judgements about reasons for belief, and instrumental normative judgements. This theory says that these judgements are beliefs that ascribe normative properties, but that these properties do not exist. It therefore entails that all normative judgements are false. Streumer also argues, however, that we cannot believe this error theory. This may seem to be a problem for the theory, but he argues that it is not. Instead, he argues, our inability to believe this error theory makes the theory more likely to be true, since it undermines objections to the theory, it makes it harder to reject the arguments for the theory, and it undermines revisionary alternatives to the theory. Streumer then sketches how certain other philosophical views can be defended in a similar way, and how philosophers should modify their method if there can be true theories that we cannot believe. He concludes that to make philosophical progress, we should sharply distinguish the truth of a theory from our ability to believe it

Facts and Values

Author : Giancarlo Marchetti
Publisher : Routledge
ISBN 13 : 1317354672
Total Pages : 440 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Facts and Values by : Giancarlo Marchetti

Download or read book Facts and Values written by Giancarlo Marchetti and published by Routledge. This book was released on 2016-11-03 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection offers a synoptic view of current philosophical debates concerning the relationship between facts and values, bringing together a wide spectrum of contributors committed to testing the validity of this dichotomy, exploring alternatives, and assessing their implications. The assumption that facts and values inhabit distinct, unbridgeable conceptual and experiential domains has long dominated scientific and philosophical discourse, but this separation has been seriously called into question from a number of corners. The original essays here collected offer a diversity of responses to fact-value dichotomy, including contributions from Hilary Putnam and Ruth Anna Putnam who are rightly credited with revitalizing philosophical interest in this alleged opposition. Both they, and many of our contributors, are in agreement that the relationship between epistemic developments and evaluative attitudes cannot be framed as a conflict between descriptive and normative understanding. Each chapter demonstrates how and why contrapositions between science and ethics, between facts and values, and between objective and subjective are false dichotomies. Values cannot simply be separated from reason. Facts and Values will therefore prove essential reading for analytic and continental philosophers alike, for theorists of ethics and meta-ethics, and for philosophers of economics and law.

The Cambridge Handbook of Pragmatics

Author : Keith Allan
Publisher : Cambridge University Press
ISBN 13 : 1139501895
Total Pages : 967 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis The Cambridge Handbook of Pragmatics by : Keith Allan

Download or read book The Cambridge Handbook of Pragmatics written by Keith Allan and published by Cambridge University Press. This book was released on 2012-01-12 with total page 967 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pragmatics is the study of human communication: the choices speakers make to express their intended meaning and the kinds of inferences that hearers draw from an utterance in the context of its use. This Handbook surveys pragmatics from different perspectives, presenting the main theories in pragmatic research, incorporating seminal research as well as cutting-edge solutions. It addresses questions of rational and empirical research methods, what counts as an adequate and successful pragmatic theory, and how to go about answering problems raised in pragmatic theory. In the fast-developing field of pragmatics, this Handbook fills the gap in the market for a one-stop resource to the wide scope of today's research and the intricacy of the many theoretical debates. It is an authoritative guide for graduate students and researchers with its focus on the areas and theories that will mark progress in pragmatic research in the future.

The Cambridge Companion to Legal Positivism

Author : Torben Spaak
Publisher : Cambridge University Press
ISBN 13 : 1108427677
Total Pages : 807 pages
Book Rating : 4.1/5 (84 download)

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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.

Poznań School of Legal Theory

Author : Paweł Kwiatkowski
Publisher : BRILL
ISBN 13 : 9004448446
Total Pages : 436 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Poznań School of Legal Theory by : Paweł Kwiatkowski

Download or read book Poznań School of Legal Theory written by Paweł Kwiatkowski and published by BRILL. This book was released on 2021-02-08 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book grew out of the conviction that the original concepts of the Poznań School of Legal Theory are still perfectly suited for application today, in the era of moral pluralism and multicentric legal systems. Moreover, since we are in the midst of a period of heated disputes over the grounds of the normativity of law, and are confronting controversies about the basis for the legitimacy of court decisions, over the results of legal interpretation, and concerning the coherence of legal systems, it would seem that the legal-theoretical proposals put forward by the circle of Poznań legal theorists, supported as they are by firm methodological foundations, have not by any means lost their value.

Pure Theory of Law

Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584775785
Total Pages : 366 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Pure Theory of Law by : Hans Kelsen

Download or read book Pure Theory of Law written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.

Habermas on Law and Democracy

Author : Michel Rosenfeld
Publisher : Univ of California Press
ISBN 13 : 0520917618
Total Pages : 488 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Habermas on Law and Democracy by : Michel Rosenfeld

Download or read book Habermas on Law and Democracy written by Michel Rosenfeld and published by Univ of California Press. This book was released on 2023-12-22 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first essay, Habermas himself succinctly presents the centerpiece of his theory: his proceduralist paradigm of law. The following essays comprise elaborations, criticisms, and further explorations by others of the most salient issues addressed in his theory. The distinguished group of contributors—internationally prominent scholars in the fields of law, philosophy, and social theory—includes many who have been closely identified with Habermas as well as some of his best-known critics. The final essay is a thorough and lengthy reply by Habermas, which not only engages the most important arguments raised in the preceding essays but also further elaborates and refines some of his own key contributions in Between Facts and Norms. This volume will be essential reading for philosophers, legal scholars, and political and social theorists concerned with understanding the work of one of the leading philosophers of our age. These provocative, in-depth debates between Jürgen Habermas and a wide range of his critics relate to the philosopher's contribution to legal and democratic theory in his recently published Between Facts and Norms. Drawing upon his discourse theory, Habermas has elaborated a novel and powerful account of law that purports to bridge the gap between democracy and rights, by conceiving law to be at once self-imposed and binding.