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Logic Law Morality
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Book Synopsis The Logic of Autonomy by : Jan-R Sieckmann
Download or read book The Logic of Autonomy written by Jan-R Sieckmann and published by Bloomsbury Publishing. This book was released on 2012-11-13 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Autonomy is the central idea of modern practical philosophy. Understood as self-legislation, autonomy seems to require that the validity of norms depends on recognition, namely, that their addressees, being autonomous agents, recognise these norms to be valid. But how can one be bound by norms whose validity depends on their being recognised as valid by their addressees? The questions of how autonomous morality and, on this basis, the authoritative character of law can be understood, present persistent puzzles that have been widely discussed, but still await a satisfactory solution. This book presents an analysis of the idea of autonomy as self-legislation and its consequences for law and morality. It links the idea of autonomy with the idea of the balancing of normative arguments, develops a notion of normative arguments as distinct from normative judgements and statements and explains claims to correctness and objectivity that are found in normative discourse. Thus, a 'logic of autonomy' emerges, and it is pervasive in normative reasoning. It connects theses regarding the logic of norms, the structure of balancing, human and fundamental rights, legal validity, legal interpretation, and the relations among legal systems, offering a theory of central elements of normative argumentation, a theory that is undergirded by the mutual relations that exist between and among its parts as well as through the relations that it bears to other theories. Moreover, it offers an alternative to Kantian notions of autonomy and provides solutions to problems that other theories have failed to master.
Book Synopsis Logic, Law, and Ethics by : Raymond J. Chambers
Download or read book Logic, Law, and Ethics written by Raymond J. Chambers and published by Taylor & Francis. This book was released on 2000 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.
Book Synopsis God and Moral Law by : Mark C. Murphy
Download or read book God and Moral Law written by Mark C. Murphy and published by Oxford University Press. This book was released on 2011-11-17 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does God's existence make a difference to how we explain morality? Mark C. Murphy critiques the two dominant theistic accounts of morality—natural law theory and divine command theory—and presents a novel third view. He argues that we can value natural facts about humans and their good, while keeping God at the centre of our moral explanations. The characteristic methodology of theistic ethics is to proceed by asking whether there are features of moral norms that can be adequately explained only if we hold that such norms have some sort of theistic foundation. But this methodology, fruitful as it has been, is one-sided. God and Moral Law proceeds not from the side of the moral norms, so to speak, but from the God side of things: what sort of explanatory relationship should we expect between God and moral norms given the existence of the God of orthodox theism? Mark C. Murphy asks whether the conception of God in orthodox theism as an absolutely perfect being militates in favour of a particular view of the explanation of morality by appeal to theistic facts. He puts this methodology to work and shows that, surprisingly, natural law theory and divine command theory fail to offer the sort of explanation of morality that we would expect given the existence of the God of orthodox theism. Drawing on the discussion of a structurally similar problem—that of the relationship between God and the laws of nature—Murphy articulates his new account of the relationship between God and morality, one in which facts about God and facts about nature cooperate in the explanation of moral law.
Book Synopsis Essays in Legal and Moral Philosophy by : H. Kelsen
Download or read book Essays in Legal and Moral Philosophy written by H. Kelsen and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his choice of texts, the Editor has been faced with the difficult task of selecting, from among the author's more than 600 publications, those of the greatest philosophical interest. It is chiefly the topics of value-rela tivism and the logic of norms that have been kept in view. The selection has also been guided by the endeavour to reprint, so far as possible, texts which have not hitherto appeared in English. At times, however, this aim has had to be discarded, in order to include works of key im portance and also the latest expressions of Kelsen's view. In addition to the two topics already mentioned, the Editor has con sidered Kelsen's discussions of the causal principle to be so far worthy of philosophical attention, that some writings on causality and account ability have been included in this collection of philosophical studies. OTA WEINBERGER Hans Kelsen died on April 19th, 1973. Only his work now lives, for the inspiration of future generations of jurists and philosophers. Graz, 25th April, 1973 OT A WEINBERGER TRANSLATOR'S NOTE I am obliged to the Editor for his careful scrutiny of the translation, which has led to a number of corrections and improvements in the text.
Book Synopsis The Logic of Legal Requirements by : Jordi Ferrer Beltrán
Download or read book The Logic of Legal Requirements written by Jordi Ferrer Beltrán and published by OUP Oxford. This book was released on 2012-09-13 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: When a legal rule requires us to drive on the right, notarize our wills, or refrain from selling bootleg liquor, how are we to describe and understand that requirement? In particular, how does the logical form of such a requirement relate to the logical form of other requirements, such as moral requirements, or the requirements of logic itself? When a general legal rule is applied or distinguished in a particular case, how can we describe that process in logical form? Such questions have come to preoccupy modern legal philosophy as its methodology, drawing on the philosophy of logic, becomes ever more sophisticated. This collection gathers together some of the most prominent legal philosophers in the Anglo-American and civil law traditions to analyse the logical structure of legal norms. They focus on the issue of defeasibility, which has become a central concern for both logicians and legal philosophers in recent years. The book is divided into four parts. The first section is devoted to unravelling the basic concepts related to legal defeasibility and the logical structure of legal norms, focusing on the idea that law, or its components, are liable to implicit exceptions, which cannot be specified before the law's application to particular cases. Part two aims to disentangle the main relations between the issue of legal defeasibility and the issue of legal interpretation, exploring the topic of defeasibility as a product of certain argumentative techniques in the law. Section 3 of the volume is dedicated to one of the most problematic issues in the history of jurisprudence: the connections between law and morality. Finally, section 4 of the volume is devoted to analysing the relationships between defeasibility and legal adjudication.
Book Synopsis The Logic of Love by : Ruben Zimmermann
Download or read book The Logic of Love written by Ruben Zimmermann and published by Rowman & Littlefield. This book was released on 2018-09-15 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The goal of the present study unfolds in the following four ways. First, in analyzing Pauline writings (primarily Paul’s First Letter to the Corinthians) it can be demonstrated that the Apostle can be described as an ethicist. The hypothesis operative here is that in the sources, despite their occasional and situational character and their epistolary form, one can recognize a coherent system of grounds for behavior (i.e., ethics). I call this recognizable ethics “implicit ethics.” Secondly, this work pursues an explicit ethical interpretation of Paul’s writings. What does it mean to read these texts through an ethical lens? I here offer an approach with which one can decipher the ethical content of a historical text. This methodology for ethical analysis (so called ‘organon’) is not only applicable to Paul’s writings, but can also provide an impetus for the ethical interpretation of other NT texts and even for the literature of early Christianity and the Bible more generally. The variety of forms and the complexity of the reflection in Paul’s letters can, in a third point, enrich the discourse of theological ethics. It will be seen, that the rationale for his ethics is pluralistic and simply cannot be described in a one-sided manner as simply being a “deontological ethics of norms.” Along these lines, a fourth element is found in stimulating interdisciplinary debates concerning ethics. If one is able to examine and describe the norms and grounds of justification in Biblical ethics using the language and forms of description utilized in modern ethical theory, biblical ethics could once again gain a voice that can be taken seriously in the modern discussion of values. The point is not to have Scripture per se join the discussion but for these texts to function as a “laboratory” (Paul Ricoeur) in which ethical speech and thought relevant for contemporary concerns can be inspired and encouraged. In a concluding chapter this dialogue is already started by describing specific aspects of Pauline ethics against the background or moral philosophical debate, e.g. “bodily ethics – beyond hedonism”, “ethics of relinquishing – beyond contractual ethics” or “ethics of love beyond Eudaimonian ethics”.
Book Synopsis Ethics for A-Level by : Mark Dimmock
Download or read book Ethics for A-Level written by Mark Dimmock and published by Open Book Publishers. This book was released on 2017-07-31 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does pleasure have to do with morality? What role, if any, should intuition have in the formation of moral theory? If something is ‘simulated’, can it be immoral? This accessible and wide-ranging textbook explores these questions and many more. Key ideas in the fields of normative ethics, metaethics and applied ethics are explained rigorously and systematically, with a vivid writing style that enlivens the topics with energy and wit. Individual theories are discussed in detail in the first part of the book, before these positions are applied to a wide range of contemporary situations including business ethics, sexual ethics, and the acceptability of eating animals. A wealth of real-life examples, set out with depth and care, illuminate the complexities of different ethical approaches while conveying their modern-day relevance. This concise and highly engaging resource is tailored to the Ethics components of AQA Philosophy and OCR Religious Studies, with a clear and practical layout that includes end-of-chapter summaries, key terms, and common mistakes to avoid. It should also be of practical use for those teaching Philosophy as part of the International Baccalaureate. Ethics for A-Level is of particular value to students and teachers, but Fisher and Dimmock’s precise and scholarly approach will appeal to anyone seeking a rigorous and lively introduction to the challenging subject of ethics. Tailored to the Ethics components of AQA Philosophy and OCR Religious Studies.
Book Synopsis Deontic Logic and Legal Systems by : Pablo E. Navarro
Download or read book Deontic Logic and Legal Systems written by Pablo E. Navarro and published by Cambridge University Press. This book was released on 2014-09-29 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Logic and law have a long history in common, but the influence has been mostly one-sided, except perhaps in the 5th and 6th centuries B.C., where disputes at the market place or in tribunals in Greece seem to have stimulated a lot of reflection among sophistic philosophers on such topics as language and truth. Most of the time it was logic that influenced legal thinking, but in the last 50 years logicians began to be interested in normative concepts and hence in law"--
Book Synopsis The Logic of Choice by : Gidon Gottlieb
Download or read book The Logic of Choice written by Gidon Gottlieb and published by Routledge. This book was released on 2019-10-30 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1968. This is a critical study of the concept of ‘rule’ featuring in law, ethics and much philosophical analysis which the author uses to investigate the concept of ‘rationality’. The author indicates in what manner the modes of reasoning involved in reliance upon rules are unique and in what fashion they provide an alternative both to the modes of logico-mathematical reasoning and to the modes of scientific reasoning. This prepares the groundwork for a methodology meeting the requirements of the fields using rules such as law and ethics which could be significant for communications theory and the use of computers in normative fields. Other substantive issues related to the mainstream of legal philosophy are discussed - theories of interpretation, the notion of purpose and the requirements of principled decision-making. The book utilizes examples drawn from English and American legal decisions to suggest how the positions of legal positivism and of natural law are equally artificial and misleading.
Book Synopsis Natural Law and the Nature of Law by : Jonathan Crowe
Download or read book Natural Law and the Nature of Law written by Jonathan Crowe and published by Cambridge University Press. This book was released on 2019-04-25 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.
Book Synopsis The Logic of Legal Requirements by : Jordi Ferrer Beltrán
Download or read book The Logic of Legal Requirements written by Jordi Ferrer Beltrán and published by Oxford University Press. This book was released on 2012-09-13 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the law contain implicit exceptions to its own rules? If so, what consequence does that have for understanding the relationship between law and morality? This collection gathers leading legal philosophers to analyse the logical structure of legal norms, advancing the understanding of the general philosophy of law.
Book Synopsis Law and Morality by : David Dyzenhaus
Download or read book Law and Morality written by David Dyzenhaus and published by University of Toronto Press. This book was released on 2001-01-01 with total page 1086 pages. Available in PDF, EPUB and Kindle. Book excerpt: Filling a long-standing need for a Canadian textbook in the philosophy of law, this anthology includes articles, readings, and cases in legal philosophy to give students the conceptual tools necessary to consider the general problems of jurisprudence.
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. This book was released on 1995-04-30 with total page 376 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.
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 Logic of Autonomy by : Jan-R Sieckmann
Download or read book The Logic of Autonomy written by Jan-R Sieckmann and published by Bloomsbury Publishing. This book was released on 2012-11-13 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Autonomy is the central idea of modern practical philosophy. Understood as self-legislation, autonomy seems to require that the validity of norms depends on recognition, namely, that their addressees, being autonomous agents, recognise these norms to be valid. But how can one be bound by norms whose validity depends on their being recognised as valid by their addressees? The questions of how autonomous morality and, on this basis, the authoritative character of law can be understood, present persistent puzzles that have been widely discussed, but still await a satisfactory solution. This book presents an analysis of the idea of autonomy as self-legislation and its consequences for law and morality. It links the idea of autonomy with the idea of the balancing of normative arguments, develops a notion of normative arguments as distinct from normative judgements and statements and explains claims to correctness and objectivity that are found in normative discourse. Thus, a 'logic of autonomy' emerges, and it is pervasive in normative reasoning. It connects theses regarding the logic of norms, the structure of balancing, human and fundamental rights, legal validity, legal interpretation, and the relations among legal systems, offering a theory of central elements of normative argumentation, a theory that is undergirded by the mutual relations that exist between and among its parts as well as through the relations that it bears to other theories. Moreover, it offers an alternative to Kantian notions of autonomy and provides solutions to problems that other theories have failed to master.
Download or read book Logic in Law written by A. Soeteman and published by Springer Science & Business Media. This book was released on 2013-03-14 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study presented in this book was entered upon by me from a legal point of view. 'Legal logic' has been known for a long time, concerning itself with the methodology of legal and in particular judicial reasoning. In modern days, however, this 'legal logic' is sometimes also connected with modern formal logic, as it has been developed in the works of G. Boole, A. de Morgan, G. Frege, C.S. Peirce, E. Schroder, G. Peano, A.N. Whitehead, B. Russell and others. For me this gave rise to the as yet not very specific question about the meaning of modern symbolic logic for law. Already in an early stage it appeared that, although traditional legal logic and modern symbolic logic both concern logic, this may not create the misapprehension that a similar matter is at issue. Both concern themselves (among other things) with reasonings and reasoning. Traditional legal logic is, however, as it was said by the German legal theoretician K. Engisch: "a material logic that wants us to reflect on what we have to do if we -within the limits of actual possibility- wish to reach true, or at least correct judgements" (Engisch, 1964, p.5). Modern symbolic logic on the other hand is not concerned with the truth or correctness of the result of an argument, but with its validity, i.e. the question when or under which conditions the truth (correctness) of the conclusion is guaranteed by the truth (correctness) of the premisses.
Book Synopsis Logic, Probability, and Presumptions in Legal Reasoning by : Scott Brewer
Download or read book Logic, Probability, and Presumptions in Legal Reasoning written by Scott Brewer and published by Routledge. This book was released on 2013-06-17 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.
