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Law Finding Through Experience And Reason
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Book Synopsis Advanced Introduction to Legal Reasoning by : Larry Alexander
Download or read book Advanced Introduction to Legal Reasoning written by Larry Alexander and published by Edward Elgar Publishing. This book was released on 2021-05-28 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning.
Book Synopsis Between Authority and Interpretation by : Joseph Raz
Download or read book Between Authority and Interpretation written by Joseph Raz and published by OUP Oxford. This book was released on 2009-02-19 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established. The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitimate law, while being a branch of applied morality, is also a relatively autonomous system, which has the potential to bridge moral differences among its subjects. Raz offers responses to some critical reactions to his theory of authority, adumbrating, and modifying the theory to meet some of them. The final part of the book brings together for the first time Raz's work on the nature of interpretation in law and the humanities. It includes a new essay explaining interpretive pluralism and the possibility of interpretive innovation. Taken together, the essays in the volume offer a valuable introduction for students coming for the first time to Raz's work in the philosophy of law, and an original contribution to many of the current debates in practical philosophy.
Book Synopsis Law Finding Through Experience and Reason by : Roscoe Pound
Download or read book Law Finding Through Experience and Reason written by Roscoe Pound and published by Athens : University of Georgia Press. This book was released on 1960 with total page 65 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Law and Society in Transition by : Philippe Nonet
Download or read book Law and Society in Transition written by Philippe Nonet and published by Routledge. This book was released on 2017-07-12 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Year by year, law seems to penetrate ever larger realms of social, political, and economic life, generating both praise and blame. Nonet and Selznick's Law and Society in Transition explains in accessible language the primary forms of law as a social, political, and normative phenomenon. They illustrate with great clarity the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity. To make jurisprudence relevant, legal, political, and social theory must be reintegrated. As a step in this direction, Nonet and Selznick attempt to recast jurisprudential issues in a social science perspective. They construct a valuable framework for analyzing and assessing the worth of alternative modes of legal ordering. The volume's most enduring contribution is the authors' typology-repressive, autonomous, and responsive law. This typology of law is original and especially useful because it incorporates both political and jurisprudential aspects of law and speaks directly to contemporary struggles over the proper place of law in democratic governance. In his new introduction, Robert A. Kagan recasts this classic text for the contemporary world. He sees a world of responsive law in which legal institutions-courts, regulatory agencies, alternative dispute resolution bodies, police departments-are periodically studied and redesigned to improve their ability to fulfill public expectations. Schools, business corporations, and governmental bureaucracies are more fully pervaded by legal values. Law and Society in Transition describes ways in which law changes and develops. It is an inspiring vision of a politically responsive form of governance, of special interest to those in sociology, law, philosophy, and politics.
Book Synopsis Law's Relations by : Jennifer Nedelsky
Download or read book Law's Relations written by Jennifer Nedelsky and published by OUP USA. This book was released on 2011-10-11 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries and individual rights. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others.
Book Synopsis Law, Reason, and Emotion by : M. N. S. Sellers
Download or read book Law, Reason, and Emotion written by M. N. S. Sellers and published by Cambridge University Press. This book was released on 2017-12-28 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: What place do reason and emotion have in justice and the law? This thought-provoking text brings together leading lawyers and legal philosophers to argue that law gains legitimacy and effectiveness when reason recognizes and embraces human emotions for the benefit of society as a whole.
Book Synopsis The Common Law by : Oliver Wendell Holmes
Download or read book The Common Law written by Oliver Wendell Holmes and published by . This book was released on 1909 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Ninth Amendment and the Politics of Creative Jurisprudence by : Marshall DeRosa
Download or read book The Ninth Amendment and the Politics of Creative Jurisprudence written by Marshall DeRosa and published by Routledge. This book was released on 2017-11-30 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ninth Amendment holds that every right not explicitly granted to the federal government by the Constitution belongs to the states or to the individual. Further, those rights held by the government should not be construed to deny or disparage other rights held by the people. As in other areas of contention between federal power and states' rights, the Ninth Amendment has become subject to activist Supreme Court interpretation whereby the traditional model of federalism, in which states had meaningful public policy prerogatives, has given way to a model in which states become mere extensions of the U. S. government. In this volume, Marshall DeRosa provides a thorough analysis of Supreme Court unenumerated rights policy and offers suggestions toward reestablishing American federalism as envisioned by the framers of the Constitution. The book opens with a review and analysis of current debates over Ninth Amendment rights and then utilizes the privileges and immunities clauses as demonstrative of the traditional relationship between the states' police powers and unenumerated fundamental rights. DeRosa then considers the critical role of academia in shifting public policy away from popular control and toward the judiciary. Later chapters include national and state case studies as instances of judicial creativity, an examination of the effects of Ninth Amendment jurisprudence on the Second Amendment as it bears on the gun control debate, and a comparative analysis of contrasting theories on the status of unenumerated rights. In his conclusion DeRosa offers some prescriptive thoughts on how to restore the original constitutional concept of popular consent as a remedy to an increasingly unaccountable federal judiciary. By restoring the Ninth Amendment to the context of American federalism, this volume constitutes a major contribution to contemporary scholarship, challenging a corpus of commentary that either ignores, misunderstands, or misrepresents the relevance of popular control in the articulation of unenumerated rights. The Ninth Amendment and the Politics of Creative Jurisprudence will be of interest to political scientists, historians, legal theorists, and political practitioners.
Download or read book The Law Times written by and published by . This book was released on 1901 with total page 1254 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Immediacy of Mystical Experience in the European Tradition by : Miklós Vassányi
Download or read book The Immediacy of Mystical Experience in the European Tradition written by Miklós Vassányi and published by Springer. This book was released on 2017-01-19 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines mystical experiences as portrayed in various ways by “authors” such as philosophers, mystics, psychoanalysts, writers, and peasant women. These “mystical authors” have, throughout the ages, attempted to convey the unsayable through writings, paintings, or oral stories. The immediate experience of God is the primary source and ultimate goal of these mystical expressions. This experience is essentially ineffable, yet all mystical authors, either consciously or unconsciously, feel an urge to convey what they have undergone in the moments of rapture. At the same time they are in the role of intermediaries: the goal of their self-expression – either written, painted or oral – is to make others somehow understand or feel what they have experienced, and to lead others toward the spiritual goal of human life. This volume studies the mystical experiences and the way they have been described or portrayed in West-European culture, from Antiquity to the present, from an interdisciplinary perspective, and approaches the concept of “immediate experience” in various ways.
Book Synopsis Every Landlord's Legal Guide by : Marcia Stewart
Download or read book Every Landlord's Legal Guide written by Marcia Stewart and published by Nolo. This book was released on 2022-05-31 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal forms and state rules every landlord and property manager needs To keep up with the law and make money as a residential landlord, you need a guide you can trust: Every Landlord's Legal Guide. From move-in to move-out, here’s help with legal, financial, and day-to-day issues. You’ll avoid hassles and headaches―not to mention legal fees and lawsuits. Use this top-selling book to: screen and choose tenants prepare leases and rental agreements avoid discrimination, invasion of privacy, personal injury, and other lawsuits hire a property manager keep up with repairs and maintenance make security deposit deductions handle broken leases learn how to terminate a tenancy for nonpayment of rent or other lease violations restrict tenants from renting their place on Airbnb, and deal with bedbugs, mold, and lead hazards. The 16th edition is completely revised to provide your state’s current laws, covering deposits, rent, entry, termination, late rent notices, and more. Comes With Access to Free Downloadable Forms: includes access to more than 30 essential legal forms including a lease and rental agreement, rental application, notice of entry, tenant repair request, security deposit itemization, property manager agreement, and more. IMPORTANT NOTE: You DO NOT have to pay more to use the downloadable forms—please see Appendix B in the book for the link to and instructions for using the downloadable forms that come with the book.
Book Synopsis Natural Reason and Natural Law by : James Carey
Download or read book Natural Reason and Natural Law written by James Carey and published by Wipf and Stock Publishers. This book was released on 2019-04-05 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural law, according to Thomas Aquinas, has its foundation in the evidence and operation of natural, human reason. Its primary precepts are self-evident. Awareness of these precepts does not presuppose knowledge of, or even belief in, the existence of God. The most interesting criticisms of Thomas Aquinas’s natural-law teaching in modern times have been advanced by the political philosopher Leo Strauss and his followers. The purpose of this book is to show that these criticisms are based on misunderstandings and that they are inconclusive at best. Thomas Aquinas’s natural-law teaching is fully rational. It is accessible to man as man.
Book Synopsis Reason, Value, and Respect by : Mark Timmons
Download or read book Reason, Value, and Respect written by Mark Timmons and published by Oxford University Press, USA. This book was released on 2015 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 13 specially written essays, leading philosophers explore Kantian themes in moral and political philosophy that are prominent in the work of Thomas E. Hill, Jr., such as respect and self-respect, practical reason, conscience, and duty. In conclusion Hill offers an overview of his work and responses to the preceding essays.
Book Synopsis Lectures on Legal Topics ... 1922-1923 by : Simon Fleischman
Download or read book Lectures on Legal Topics ... 1922-1923 written by Simon Fleischman and published by . This book was released on 1928 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Journal of Public Law written by and published by . This book was released on 1962 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Kant on Moral Autonomy by : Oliver Sensen
Download or read book Kant on Moral Autonomy written by Oliver Sensen and published by Cambridge University Press. This book was released on 2012-12-13 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of autonomy is one of Kant's central legacies for contemporary moral thought. We often invoke autonomy as both a moral ideal and a human right, especially a right to determine oneself independently of foreign determinants; indeed, to violate a person's autonomy is considered to be a serious moral offence. Yet while contemporary philosophy claims Kant as the originator of its notion of autonomy, Kant's own conception of the term seems to differ in important respects from our present-day interpretation. Kant on Moral Autonomy brings together a distinguished group of scholars who explore the following questions: what is Kant's conception of autonomy? What is its history and its influence on contemporary conceptions? And what is its moral significance? Their essays will be of interest both to scholars and students working on Kantian moral philosophy and to anyone interested in the subject of autonomy.
Book Synopsis Hume's Critique of Religion: 'Sick Men's Dreams' by : Alan Bailey
Download or read book Hume's Critique of Religion: 'Sick Men's Dreams' written by Alan Bailey and published by Springer Science & Business Media. This book was released on 2013-10-10 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, authors Alan Bailey and Dan O’Brien examine the full import of David Hume’s arguments and the context of the society in which his work came to fruition. They analyze the nuanced natured of Hume's philosophical discourse and provide an informed look into his position on the possible content and rational justification of religious belief. The authors first detail the pressures and forms of repression that confronted any 18th century thinker wishing to challenge publicly the truth of Christian theism. From there, they offer an overview of Hume's writings on religion, paying particular attention to the inter-relationships between the various works. They show that Hume's writings on religion are best seen as an artfully constructed web of irreligious argument that seeks to push forward a radical outlook, one that only emerges when the attention shifts from the individual sections of the web to its overall structure and context. Even though there is no explicit denial in any of Hume's published writings or private correspondence of the existence of God, the implications of his arguments often seem to point strongly towards atheism. David Hume was one of the leading British critics of Christianity and all forms of religion at a time when public utterances or published writings denying the truth of Christianity were liable to legal prosecution. His philosophical and historical writings offer a sustained and remarkably open critique of religion that is unmatched by any previous author writing in English. Yet, despite Hume’s widespread reputation amongst his contemporaries for extreme irreligion, the subtle and measured manner in which he presents his position means that it remains far from clear how radical his views actually were.
