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The Philosophy Of Judging
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Book Synopsis Judging Religion: A Dialogue for Our Time by : John Holroyd
Download or read book Judging Religion: A Dialogue for Our Time written by John Holroyd and published by Silverwood Books. This book was released on 2019-09-04 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Holyrod's dissection of religion and what it means today.
Book Synopsis The Philosophy of Judging by : Isaac Kimbal Felch
Download or read book The Philosophy of Judging written by Isaac Kimbal Felch and published by . This book was released on 1898 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judging Positivism by : Margaret Martin
Download or read book Judging Positivism written by Margaret Martin and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judging Positivism is a critical exploration of the method and substance of legal positivism. Margaret Martin is primarily concerned with the manner in which theorists who adopt the dominant positivist paradigm ask a limited set of questions and offer an equally limited set of answers, artificially circumscribing the field of legal philosophy in the process. The book focuses primarily but not exclusively on the writings of prominent legal positivist, Joseph Raz. Martin argues that Raz's theory has changed over time and that these changes have led to deep inconsistencies and incoherencies in his account. One re-occurring theme in the book is that Razian positivism collapses from within. In the process of defending his own position, Raz is led to support the views of many of his main rivals, namely, Ronald Dworkin, the legal realists and the normative positivists. The internal collapse of Razian positivism proves to be instructive. Promising paths of inquiry come into view and questions that have been suppressed or marginalised by positivists re-emerge ready for curious minds to reflect on anew. The broader vision of jurisprudential inquiry defended in this book re-connects philosophy with the work of practitioners and the worries of law's subjects, bringing into focus the relevance of legal philosophy for lawyers and laymen alike.
Book Synopsis Judging and Understanding by : Pedro Alexis Tabensky
Download or read book Judging and Understanding written by Pedro Alexis Tabensky and published by Ashgate Publishing, Ltd.. This book was released on 2006 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection embodies a debate that explores the tension between judging and understanding. It brings together work dealing with the moral, metaphysical, epistemological and phenomenological issues required for understanding whether or not there is a tension between judging and understanding and what the moral and legal implications may be of accepting or rejecting this tension.
Book Synopsis Judging Under Uncertainty by : Adrian Vermeule
Download or read book Judging Under Uncertainty written by Adrian Vermeule and published by Harvard University Press. This book was released on 2006 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.
Book Synopsis The Judge and the Spectator by : Joke Johannetta Hermsen
Download or read book The Judge and the Spectator written by Joke Johannetta Hermsen and published by Peeters Publishers. This book was released on 1999 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since early texts as "Thinking and Politics", Arendt had highlighted the contrast between philosophical and political thinking and compelled herself to find a satisfactory answer to the question: "how do philosophy and politics relate?". In her last work "Lectures on Kant's Political Philosophy" (1982), Arendt analyses the "political" dimensions of Kant's critical thinking. To think critically implies taking the viewpoints of others into account: one has to "enlarge" one's own mind by comparing our judgement with the possible judgements of others. While thinking remains a solitary activity, it does not cut itself off from all others.The essays in this book address the philosophical and moral questions raised by Arendt's attempt to draw out the political implications of "critical thinking" in Kant's sense. In one way or another, they all address the place of judgment in Arendt's thought. Arendt's turn to Kant and The Critique of Judgment was motivated by her desire to find a form of philosophizing that was not hostile to politics and the public realm. But did she really think that Kant's characterization of the judging spectator pointed the way out of the opposition between the universal and the particular, between looking at things sub specie aeternitatis and looking at things from a political point of view? To what extent did she think that Kant was successful in revealing a mode of thought oriented towards public persuasion, yet one which retained its critical independence?Each of the essays wrestles with the complexities of a complex thinker. They remind us that critical thinking or Selbstdenken is among the most difficult and rare arts, even though it is an art potentially accessible to everyone. They also remind us that Hannah Arendt was a virtuoso of this art, and of how her example points the way toward a renewal of judgment as the political faculty par excellence.
Book Synopsis A Democratic Theory of Judgment by : Linda M.G. Zerilli
Download or read book A Democratic Theory of Judgment written by Linda M.G. Zerilli and published by University of Chicago Press. This book was released on 2016-12-12 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this sweeping look at political and philosophical history, Linda M. G. Zerilli unpacks the tightly woven core of Hannah Arendt’s unfinished work on a tenacious modern problem: how to judge critically in the wake of the collapse of inherited criteria of judgment. Engaging a remarkable breadth of thinkers, including Ludwig Wittgenstein, Leo Strauss, Immanuel Kant, Frederick Douglass, John Rawls, Jürgen Habermas, Martha Nussbaum, and many others, Zerilli clears a hopeful path between an untenable universalism and a cultural relativism that forever defers the possibility of judging at all. Zerilli deftly outlines the limitations of existing debates, both those that concern themselves with the impossibility of judging across cultures and those that try to find transcendental, rational values to anchor judgment. Looking at Kant through the lens of Arendt, Zerilli develops the notion of a public conception of truth, and from there she explores relativism, historicism, and universalism as they shape feminist approaches to judgment. Following Arendt even further, Zerilli arrives at a hopeful new pathway—seeing the collapse of philosophical criteria for judgment not as a problem but a way to practice judgment anew as a world-building activity of democratic citizens. The result is an astonishing theoretical argument that travels through—and goes beyond—some of the most important political thought of the modern period.
Book Synopsis The Critique of Judgment (Theory of the Aesthetic Judgment & Theory of the Teleological Judgment) by : Immanuel Kant
Download or read book The Critique of Judgment (Theory of the Aesthetic Judgment & Theory of the Teleological Judgment) written by Immanuel Kant and published by Good Press. This book was released on 2024-01-09 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immanuel Kant's 'The Critique of Judgment' explores the realms of aesthetic judgment and teleological judgment in a rigorous and thought-provoking manner. In this seminal work, Kant delves into the concepts of beauty, taste, and the nature of artistic creation. He presents a detailed analysis of how judgment functions in relation to aesthetics, weaving together philosophical insights with practical examples to illustrate his points. Through his meticulous argumentation, Kant lays the groundwork for the understanding of the role of judgment in appreciating art and nature. The book's dense yet insightful prose engages readers in a contemplative journey through the intersections of art, nature, and human perception. Immanuel Kant, a renowned German philosopher of the Enlightenment era, was influenced by thinkers such as Leibniz and Rousseau. His deep interest in metaphysics and epistemology led him to ponder the fundamental principles that govern human experience. 'The Critique of Judgment' reflects Kant's comprehensive philosophical system, bridging the gap between his earlier works on metaphysics and ethics. I highly recommend 'The Critique of Judgment' to readers who are interested in delving into the complexities of aesthetic and teleological judgment. Kant's nuanced arguments and incisive analysis pave the way for a deeper appreciation of art, nature, and the human mind. This book is essential reading for anyone seeking to explore the intersections of philosophy, aesthetics, and the nature of beauty.
Book Synopsis Reflections on Judging by : Richard A. Posner
Download or read book Reflections on Judging written by Richard A. Posner and published by Harvard University Press. This book was released on 2013-10-07 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
Book Synopsis Judge and Punish by : Geoffroy de Lagasnerie
Download or read book Judge and Punish written by Geoffroy de Lagasnerie and published by Stanford University Press. This book was released on 2018-05-22 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: What remains anti-democratic in our criminal justice systems, and where does it come from? Geoffroy de Lagasnerie spent years sitting in on trials, watching as individuals were judged and sentenced for armed robbery, assault, rape, and murder. His experience led to this original reflection on the penal state, power, and violence that identifies a paradox in the way justice is exercised in liberal democracies. In order to pronounce a judgment, a trial must construct an individualizing story of actors and their acts; but in order to punish, each act between individuals must be transformed into an aggression against society as a whole, against the state itself. The law is often presented as the reign of reason over passion. Instead, it leads to trauma, dispossession, and violence. Only by overturning our inherited legal fictions can we envision forms of truer justice. Combining narratives of real trials with theoretical analysis, Judge and Punish shows that juridical institutions are not merely a response to crime. The state claims to guarantee our security, yet from our birth, we also belong to it. The criminal trial, a magnifying mirror, reveals our true condition as political subjects.
Book Synopsis Bertrand Russell and the Nature of Propositions by : Samuel Lebens
Download or read book Bertrand Russell and the Nature of Propositions written by Samuel Lebens and published by Taylor & Francis. This book was released on 2017-05-25 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bertrand Russell and the Nature of Propositions offers the first book-length defence of the Multiple Relation Theory of Judgement (MRTJ). Although the theory was much maligned by Wittgenstein and ultimately rejected by Russell himself, Lebens shows that it provides a rich and insightful way to understand the nature of propositional content. In Part I, Lebens charts the trajectory of Russell’s thought before he adopted the MRTJ. Part II reviews the historical story of the theory: What led Russell to deny the existence of propositions altogether? Why did the theory keep evolving throughout its short life? What role did G. F. Stout play in the evolution of the theory? What was Wittgenstein’s concern with the theory, and, if we can’t know what his concern was exactly, then what are the best contending hypotheses? And why did Russell give the theory up? In Part III, Lebens makes the case that Russell’s concerns with the theory weren’t worth its rejection. Moreover, he argues that the MRTJ does most of what we could want from an account of propositions at little philosophical cost. This book bridges the history of early analytic philosophy with work in contemporary philosophy of language. It advances a bold reading of the theory of descriptions and offers a new understanding of the role of Stout and the representation concern in the evolution of the MRTJ. It also makes a decisive contribution to philosophy of language by demonstrating the viability of a no-proposition theory of propositions.
Book Synopsis The Problematics of Moral and Legal Theory by : Richard A. Posner
Download or read book The Problematics of Moral and Legal Theory written by Richard A. Posner and published by Harvard University Press. This book was released on 2009-06-01 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.
Book Synopsis Judging in Good Faith by : Steven J. Burton
Download or read book Judging in Good Faith written by Steven J. Burton and published by Cambridge University Press. This book was released on 1994-11-25 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an original theory of adjudication focused on the ethics of judging in courts of law. It offers two main theses. The good faith thesis defends the possibility of lawful judicial decisions even when judges have discretion. The permissible discretion thesis defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together, these two theses oppose both conservative theories that would restrict the scope of adjudication unduly and leftist critical theories that would liberate judges from the rule of law.
Book Synopsis Limits of Legality by : Jeffrey Brand-Ballard
Download or read book Limits of Legality written by Jeffrey Brand-Ballard and published by . This book was released on 2010 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges sometimes hear cases in which the law, as they honestly understand it, requires results that they consider morally objectionable. Most people assume that, nevertheless, judges have an ethical obligation to apply the law correctly, at least in reasonably just legal systems. This is the view of most lawyers, legal scholars, and private citizens, but the arguments for it have received surprisingly little attention from philosophers. Combiming ethical theory with discussions of caselaw, Jeffrey Brand-Ballard challenges arguments for the traditional view, including arguments from the fact that judges swear oaths to uphold the law, and arguments from our duty to obey the law, among others. He then develops an alternative argument based on ways in which the rule of law promotes the good. Patterns of excessive judicial lawlessness, even when morally motivated, can damage the rule of law. Brand-Ballard explores the conditions under which individual judges are morally responsible for participating in destructive patterns of lawless judging. These arguments build upon recent theories of collective intentionality and presuppose an agent-neutral framework, rather than the agent-relative framework favored by many moral philosophers. Defying the conventional wisdom, Brand-Ballard argues that judges are not always morally obligated to apply the law correctly. Although they have an obligation not to participate in patterns of excessive judicial lawlessness, an individual departure from the law so as to avoid an unjust result is rarely a moral mistake if the rule of law is otherwise healthy. Limits of Legality will interest philosophers, legal scholars, lawyers, and anyone concerned with the ethics of judging.
Book Synopsis Beauty: A Very Short Introduction by : Roger Scruton
Download or read book Beauty: A Very Short Introduction written by Roger Scruton and published by Oxford University Press, USA. This book was released on 2011-03-24 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a book that is itself beautifully written, renowned philosopher Roger Scruton explores this timeless concept, asking what makes an object--either in art, in nature, or the human form--beautiful.--From publisher description.
Book Synopsis How Judges Think by : Richard A. Posner
Download or read book How Judges Think written by Richard A. Posner and published by Harvard University Press. This book was released on 2010-05-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Book Synopsis The Grounds of Ethical Judgement by : Christian Illies
Download or read book The Grounds of Ethical Judgement written by Christian Illies and published by Clarendon Press. This book was released on 2003 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transcendental arguments have gained a lot of attention since the 1990s, mainly in the field of theoretical reason. Christian Illies argues that transcendental arguments have great potential in ethics, as they promise rational justification of normative judgements.
