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Author : Richard A. Wasserstrom
Publisher :
ISBN 13 : 9780804700375
Total Pages : 212 pages
Book Rating : 4.7/5 (3 download)
Download or read book The Judicial Decision written by Richard A. Wasserstrom and published by . This book was released on 1961 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : B. Anderson
Publisher : Springer Science & Business Media
ISBN 13 : 9780792339816
Total Pages : 192 pages
Book Rating : 4.3/5 (398 download)
Download or read book `Discovery' in Legal Decision-Making written by B. Anderson and published by Springer Science & Business Media. This book was released on 1996-02-29 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with a central problem throughout the legal profession -a solution to the problem is sought and reached in some basic form. At the centre of this prob lematic is the question indicated by the title: "What is the nature of "discovery" in legal decision-making?" In the final chapter that problem and the solution reached will be seen to have ramifications throughout the entire field of legal practice and theory. However, the focus of the argument is maintained first to specify adequately the particular manifestation of the problem in a variety of legal fields and secondly to arrive at a precise basic solution to this range of problems. The presentation of the solution is not dictated by the norms of clarity and coherence, but by the dynam ics of the struggle to reach the solution and by aspects of the problem available to various sub-groups within the legal profession -theorists, judges, arbitrators. So, I begin from a relatively familiar zone, discussions of discovery in legal theory before moving to more unfamiliar territory. This book is not a thorough survey of problems and writings on discovery. Rather, the strategic selection of problems and assessment of solutions across the first four chapters represents four aspects of the problem. Those chapters invite the reader to rise to the sense of occurrence of a single problem in a variety of contexts.
Author : Rainer Forst
Publisher : Polity
ISBN 13 : 074565228X
Total Pages : 228 pages
Book Rating : 4.7/5 (456 download)
Download or read book Justification and Critique written by Rainer Forst and published by Polity. This book was released on 2014 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rainer Forst develops a critical theory capable of deciphering the deficits and potentials inherent in contemporary political reality. This calls for a perspective which is immanent to social and political practices and at the same time transcends them. Forst regards society as a whole as an ‘order of justification’ comprising complexes of different norms referring to institutions and corresponding practices of justification. The task of a ‘critique of relations of justification’, therefore, is to analyse such legitimations with regard to their validity and genesis and to explore the social and political asymmetries leading to inequalities in the ‘justification power’ which enables persons or groups to contest given justifications and to create new ones. Starting from the concept of justification as a basic social practice, Forst develops a theory of political and social justice, human rights and democracy, as well as of power and of critique itself. In so doing, he engages in a critique of a number of contemporary approaches in political philosophy and critical theory. Finally, he also addresses the question of the utopian horizon of social criticism.
Author : Peter Róna
Publisher : Springer Nature
ISBN 13 : 3030526739
Total Pages : 236 pages
Book Rating : 4.0/5 (35 download)
Download or read book Words, Objects and Events in Economics written by Peter Róna and published by Springer Nature. This book was released on 2020-09-03 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book examines from a variety of perspectives the disappearance of moral content and ethical judgment from the models employed in the formulation of modern economic theory, and some of the papers contain important proposals about how moral judgment could be reintroduced in economic theory. The chapters collected in this volume result from the favorable reception of the first volume of the Virtues in Economics series and represent further contributions to the themes set out in that volume: (i) examining the philosophical and methodological fallacies of this turn in modern economic theory that the removal of the moral motivation of economic agents from modern economic theory has entailed; and (ii) proposing a return descriptive economics as the means with which the moral content of economic life could be restored in economic theory. This book is of interest to researchers and students of the methodology of economics, ethics, philosophers concerned with agency and economists who build economic models that rest in the intention of the agent.
Author : Randy J. Kozel
Publisher : Cambridge University Press
ISBN 13 : 110712753X
Total Pages : 191 pages
Book Rating : 4.1/5 (71 download)
Download or read book Settled Versus Right written by Randy J. Kozel and published by Cambridge University Press. This book was released on 2017-06-06 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the theoretical nuances and practical implications of how judges use precedent.
Author : Rainer Forst
Publisher : Columbia University Press
ISBN 13 : 0231147082
Total Pages : 370 pages
Book Rating : 4.2/5 (311 download)
Download or read book The Right to Justification written by Rainer Forst and published by Columbia University Press. This book was released on 2012 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification. Forst begins by identifying this right from the perspective of moral philosophy. Then, through an innovative, detailed critical analysis, he ties together the central components of social and political justice--freedom, democracy, equality, and toleration--and joins them to the right to justification. The resulting theory treats "justificatory power" as the central question of justice, and by adopting this approach, Forst argues, we can discursively work out, or "construct," principles of justice, especially with respect to transnational justice and human rights issues. As he builds his theory, Forst engages with the work of Anglo-American philosophers such as John Rawls, Ronald Dworkin, and Amartya Sen, and critical theorists such as Jürgen Habermas, Nancy Fraser, and Axel Honneth. Straddling multiple subjects, from politics and law to social protest and philosophical conceptions of practical reason, Forst brilliantly gathers contesting claims around a single, elastic theory of justice.
Author : John T. Jost
Publisher : Harvard University Press
ISBN 13 : 0674244656
Total Pages : 402 pages
Book Rating : 4.6/5 (742 download)
Download or read book A Theory of System Justification written by John T. Jost and published by Harvard University Press. This book was released on 2020-07-14 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading psychologist explains why nearly all of us—including many of those who are persecuted and powerless—so often defend the social systems that cause misery and injustice. Why do we so often defend the very social systems that are responsible for injustice and exploitation? In A Theory of System Justification, John Jost argues that we are motivated to defend the status quo because doing so serves fundamental psychological needs for certainty, security, and social acceptance. We want to feel good not only about ourselves and the groups to which we belong, but also about the overarching social structure in which we live, even when it hurts others and ourselves. Jost lays out the wide range of evidence for his groundbreaking theory and examines its implications for our communities and our democracy. Drawing on twenty-five years of research, he provides an accessible account of system justification theory and its insights. System justification helps to explain deep contradictions, including the feeling among some women that they don’t deserve the same salaries as men and the tendency of some poor people to vote for policies that increase economic inequality. The theory illuminates the most pressing social and political issues of our time—why has it been so hard to combat anthropogenic climate change?—as well as some of the most intimate—why do some black children prefer white dolls to black ones and why do some people stay in bad relationships? Jost’s theory has far-reaching implications, and he offers numerous insights that political activists and social justice advocates can use to promote change.
Author : Jeremy Waldron
Publisher : Yale University Press
ISBN 13 : 0300148658
Total Pages : 306 pages
Book Rating : 4.3/5 (1 download)
Download or read book "Partly Laws Common to All Mankind" written by Jeremy Waldron and published by Yale University Press. This book was released on 2012-05-29 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should judges in United States courts be permitted to cite foreign laws in their rulings? In this book Jeremy Waldron explores some ideas in jurisprudence and legal theory that could underlie the Supreme Court's occasional recourse to foreign law, especially in constitutional cases. He argues that every society is governed not only by its own laws but partly also by laws common to all mankind (ius gentium). But he takes the unique step of arguing that this common law is not natural law but a grounded consensus among all nations. The idea of such a consensus will become increasingly important in jurisprudence and public affairs as the world becomes more globalized.
Author : Rainer Forst
Publisher : Univ of California Press
ISBN 13 : 0520232259
Total Pages : 359 pages
Book Rating : 4.5/5 (22 download)
Download or read book Contexts of Justice written by Rainer Forst and published by Univ of California Press. This book was released on 2002-02-27 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text offers an intervention into the debate between communitarianism and liberalism. It argues for a theory of "contexts of justice" that leads beyond the confines of the debate as it has been understood and posits the possibility of a new conception of social and political justice.
Author : David E. Klein
Publisher : Oxford University Press
ISBN 13 : 0199710139
Total Pages : 355 pages
Book Rating : 4.1/5 (997 download)
Download or read book The Psychology of Judicial Decision Making written by David E. Klein and published by Oxford University Press. This book was released on 2010-02-08 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the years, psychologists have devoted uncountable hours to learning how human beings make judgments and decisions. As much progress as scholars have made in explaining what judges do over the past few decades, there remains a certain lack of depth to our understanding. Even where scholars can make consensual and successful predictions of a judge's behavior, they will often disagree sharply about exactly what happens in the judge's mind to generate the predicted result. This volume of essays examines the psychological processes that underlie judicial decision making.
Author : Michael McCann
Publisher : Routledge
ISBN 13 : 1351560743
Total Pages : 663 pages
Book Rating : 4.3/5 (515 download)
Download or read book Law and Social Movements written by Michael McCann and published by Routledge. This book was released on 2017-07-05 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt: The work of both socio-legal scholars and specialists working in social movements research continues to contribute to our understanding of how law relates to and informs the politics of social movements. In the 1990s, an important line of new research, most of it initiated by those working in the law and society tradition, began to bridge the gaps between these two areas of scholarship. This work includes new approaches to grouplegal mobilization politics; analysis of the judicial impact on social reform struggles; studies of individual legal mobilization in civil disputing and an almost entirely new area of research incause lawyering. It brings together the best of this research introduced by a detailed essay by the editor.
Author : Eugene Wambaugh
Publisher :
ISBN 13 :
Total Pages : 330 pages
Book Rating : 4.3/5 (511 download)
Download or read book The Study of Cases written by Eugene Wambaugh and published by . This book was released on 1892 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Charles Larmore
Publisher : Cambridge University Press
ISBN 13 : 9780521497725
Total Pages : 244 pages
Book Rating : 4.4/5 (977 download)
Download or read book The Morals of Modernity written by Charles Larmore and published by Cambridge University Press. This book was released on 1996-03-29 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arguing against recent attempts to return to the virtue-centered perspective of ancient Greek ethics, these essays explore the problem of the relation between moral philosophy and modernity by studying the differences between ancient and modern ethics.
Author : Uwe Steinhoff
Publisher : Oxford University Press
ISBN 13 : 0199547807
Total Pages : 299 pages
Book Rating : 4.1/5 (995 download)
Download or read book The Philosophy of Jürgen Habermas written by Uwe Steinhoff and published by Oxford University Press. This book was released on 2009-06-18 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and detailed analysis and sustained critique of Habermas' philosophical system since his pragmatist turn in the 70s. The study clearly and precisely depicts his long chain of arguments leading from analysis of speech acts to a discourse theory of law and the democratic constitutional state."
Author : Neil MacCormick
Publisher : Clarendon Press
ISBN 13 : 0191018597
Total Pages : 322 pages
Book Rating : 4.1/5 (91 download)
Download or read book Legal Reasoning and Legal Theory written by Neil MacCormick and published by Clarendon Press. This book was released on 1994-08-11 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.
Author : John RAWLS
Publisher : Harvard University Press
ISBN 13 : 0674042603
Total Pages : 624 pages
Book Rating : 4.6/5 (74 download)
Download or read book A Theory of Justice written by John RAWLS and published by Harvard University Press. This book was released on 2009-06-30 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Author : Karl N. Llewellyn
Publisher : Quid Pro Books
ISBN 13 : 1610273001
Total Pages : 554 pages
Book Rating : 4.6/5 (12 download)
Download or read book The Common Law Tradition written by Karl N. Llewellyn and published by Quid Pro Books. This book was released on 2016-05-21 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt:
