July 6, 2022
The Philosophy of Law and Legal Science Book

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The Philosophy of Law and Legal Science

By V.P. Salnikov,S.I. Zakhartsev
  • ISBN Code: : 152751787X
  • Publisher : Cambridge Scholars Publishing
  • Pages : 280
  • Category : Law
  • Reads : 483
  • Book Compatibility : Pdf, ePub, Mobi, Kindle
  • Pdf : the-philosophy-of-law-and-legal-science.pdf

Book Excerpt :

The book explores a variety of problems connected to philosophy and philosophy of law. It discusses the problem of monism-pluralism in philosophy and philosophy of law, criticizes philosophy of post-positivism and postmodernism, and investigates dialectics as a universal global methodological basis of scientific cognition and philosophy of law. The volume also pays particular attention to contemporary legal education, offering potential solutions to problems in this field. The book is the result of a range of sociological studies conducted both in Russia and abroad concerning the legal process and legal consciousness.

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Law, Order and Freedom

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  • Book Code : 9789400714571
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The central question in legal philosophy is the relationship between law and morality. The legal systems of many countries around the world have been influenced by the principles of the Enlightenment: freedom, equality and fraternity. The position is similar in relation to the accompanying state ideal of the democratic constitutional state as well as the notion of a welfare state. The foundation of these principles lies in the ideal of individual autonomy. The law must in this view guarantee a social order which secures the equal freedom of all. This freedom is moreover fundamental because in modern pluralistic societies a great diversity of views exist concerning the appropriate way of life. This freedom ideal is however also strongly contested. In Law, Order and Freedom, a historical overview is given pertaining to the question of the extent to which the modern Enlightenment values can serve as the universal foundation of law and society.

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Book Short Summary:

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  • Pdf File: a-treatise-of-legal-philosophy-and-general-jurisprudence.pdf

Book Short Summary:

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  • Pdf File: critical-legal-studies.pdf

Book Short Summary:

Scholars in the "Critical Legal Studies" movement have challenged some of the most cherished ideals of modern Western legal and political thought. CLS thinkers claim that the rule of law is a myth and that its defense by liberal thinkers is riddled with inconsistencies. This first book-length liberal reply to CLS systematically examines the philosophical underpinnings of the CLS movement and exposes the deficiencies in the major lines of CLS argument against liberalism.

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  • Pdf File: law-and-the-social-order.pdf

Book Short Summary:

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  • Pdf File: the-utopian-human-right-to-science-and-culture.pdf

Book Short Summary:

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Book Short Summary:

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  • Pdf File: oxford-studies-in-philosophy-of-law.pdf

Book Short Summary:

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  • File : Pdf, ePub, Mobi, Kindle
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  • Pdf File: essays-in-legal-philosophy.pdf

Book Short Summary:

Eugenio Bulygin is a distinguished representative of legal science and legal philosophy as they are known on the European continent - no accident, given the role of the civil law tradition in his home country, Argentina. Over the past half-century, Bulygin has engaged virtually all major legal philosophers in the English-speaking countries, including H.L.A. Hart, Ronald Dworkin, and Joseph Raz. Bulygin's essays, several written together with his eminent colleague and close friend Carlos E. Alchourrón, reflect the genre familiar from Alf Ross's On Law and Justice, Hans Kelsen's Pure Theory of Law, and Georg Henrik von Wright's Norm and Action. Bulygin's wide-ranging interests include most of the topics found under the rubric of analytical jurisprudence - interpretation and judicial reasoning, validity and efficacy of law, legal positivism and the problem of normativity, completeness and consistency of the legal system, the nature of legal norms, and the role of deontic logic in the law. The reader will take delight in the often agreeably unorthodox character of Bulygin's views and in his hard-hitting arguments in defence of them. He challenges the received opinion on gaps in the law, on legal efficacy, on permissory norms, and on the criteria for legal validity. Bulygin's essays have been wellnigh inaccessible in the past, appearing in specialized journals, often in Spanish or German. They are now available for the first time in an English-language collection.

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  • Total of Pages : 306
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  • Pdf File: an-introduction-to-the-philosophy-of-law.pdf

Book Short Summary:

Roscoe Pound ranks as one of the most prominent legal scholars in the development of American jurisprudence. In An Introduction to the Philosophy of Law, he shows how philosophy has been a powerful instrument throughout the history of law. He examines what philosophy has done for some of the chief problems of the science of law and how it is possible to look at those problems philosophically without treating them in terms of a particular time period. The function of legal philosophy, writes Pound, is to rationally formulate a general theory of law which conforms to the interests, the general security first and foremost, of society. According to Pound, philosophies of law historically have rationally adjusted legal developments to the circumstantial needs of society. Pound concerned himself primarily with the practical effects of American legal developments within the context of social interests and general security. He encouraged American jurists to abandon efforts to conform obsolete models of legal philosophy to new realities. The significance of Pound's scholarship, particularly An Introduction to the Philosophy of Law, is the legal relativism inherent therein and its ongoing impact not merely on American jurisprudence, but on the imperative that American public policy be tested in the juridical crucible of relativism. Marshall DeRosa writes in his new introduction that in the light of twentieth-century judicial politics, Roscoe Pound's philosophy of law has prevailed to a significant extent. This book's relevance to appreciating the development of the American legal system in all its complexities--including liability law, contract law, and property law--is in itself notable. But, in terms of understanding the twentieth-century development of the American rule of law, An Introduction to the Philosophy of Law is indispensable. It will make an invaluable addition to the personal libraries of legal theorists, philosophers, political scientists, and historians of American law.

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  • Pdf File: the-routledge-handbook-of-the-philosophy-and-science-of-punishment.pdf

Book Short Summary:

Philosophers, legal scholars, criminologists, psychiatrists, and psychologists have long asked important questions about punishment: What is its purpose? What theories help us better understand its nature? Is punishment just? Are there effective alternatives to punishment? How can empirical data from the sciences help us better understand punishment? What are the relationships between punishment and our biology, psychology, and social environment? How is punishment understood and administered differently in different societies? The Routledge Handbook of the Philosophy and Science of Punishment is the first major reference work to address these and other important questions in detail, offering 31 chapters from an international and interdisciplinary team of experts in a single, comprehensive volume. It covers the major theoretical approaches to punishment and its alternatives; emerging research from biology, psychology, and social neuroscience; and important special issues like the side-effects of punishment and solitary confinement, racism and stigmatization, the risk and protective factors for antisocial behavior, and victims' rights and needs. The Handbook is conveniently organized into four sections: I. Theories of Punishment and Contemporary Perspectives II. Philosophical Perspectives on Punishment III. Sciences, Prevention, and Punishment IV. Alternatives to Current Punishment Practices A volume introduction and a comprehensive index help make The Routledge Handbook of the Philosophy and Science of Punishment essential reading for upper-undergraduate and postgraduate students in disciplines such as philosophy, law, criminology, psychology, and forensic psychiatry, and highly relevant to a variety of other disciplines such as political and social sciences, behavioral and neurosciences, and global ethics. It is also an ideal resource for anyone interested in current theories, research, and programs dealing with the problem of punishment.

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  • Total of Pages : 376
  • Category : Philosophy
  • Members : 782
  • Pdf File: informatics-and-the-foundations-of-legal-reasoning.pdf

Book Short Summary:

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.

Minimizing Marriage

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  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Book Code : 0199911975
  • Total of Pages : 256
  • Category : Philosophy
  • Members : 303
  • Pdf File: minimizing-marriage.pdf

Book Short Summary:

Even in secular and civil contexts, marriage retains sacramental connotations. Yet what moral significance does it have? This book examines its morally salient features -- promise, commitment, care, and contract -- with surprising results. In Part One, "De-Moralizing Marriage," essays on promise and commitment argue that we cannot promise to love and so wedding vows are (mostly) failed promises, and that marriage may be a poor commitment strategy. The book contends with the most influential philosophical accounts of the moral value of marriage to argue that marriage has no inherent moral significance. Further, the special value accorded marriage sustains amatonormative discrimination - discrimination against non-amorous or non-exclusive caring relationships such as friendships, adult care networks, polyamorous groups, or urban tribes. The discussion raises issues of independent interest for the moral philosopher such as the possibilities and bounds of interpersonal moral obligations and the nature of commitment. The central argument of Part Two, "Democratizing Marriage," is that liberal reasons for recognizing same-sex marriage also require recognition of groups, polyamorists, polygamists, friends, urban tribes, and adult care networks. Political liberalism requires the disestablishment of monogamous amatonormative marriage. Under the constraints of public reason, a liberal state must refrain from basing law solely on moral or religious doctrines; but only such doctrines could furnish reason for restricting marriage to male-female couples or romantic love dyads. Restrictions on marriage should thus be minimized. But public reason can provide a strong rationale for minimal marriage: care, and social supports for care, are a matter of fundamental justice. Part Two also responds to challenges posed by property division on divorce, polygyny, and supporting parenting, and builds on critiques of marriage drawn from feminism, queer theory, and race theory. It argues, using the example of minimal marriage, for the compatibility of liberalism and feminism.

Polish Contributions to the Theory and Philosophy of Law

By Zygmunt Ziembiński
  • File : Pdf, ePub, Mobi, Kindle
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  • Total of Pages : 212
  • Category : Law
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  • Pdf File: polish-contributions-to-the-theory-and-philosophy-of-law.pdf

Book Short Summary:

Read and download full book Polish Contributions to the Theory and Philosophy of Law

European Philosophy of Science - Philosophy of Science in Europe and the Viennese Heritage

By Maria Carla Galavotti,Elisabeth Nemeth,Friedrich Stadler
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer Science & Business Media
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  • Members : 297
  • Pdf File: european-philosophy-of-science-philosophy-of-science-in-europe-and-the-viennese-heritage.pdf

Book Short Summary:

This volume combines the theoretical and historical perspective focusing on the specific features of a European philosophy of science. On the occasion of the 20th anniversary of the Institute Vienna Circle the Viennese roots and influences will be addressed, in addition. There is no doubt that contemporary philosophy of science originated mainly in Europe beginning in the 19th century and has influenced decisively the subsequent development of globalized philosophy of science, esp. in North America. Recent research in this field documents some specific characteristics of philosophy of science covering the natural, social, and also cultural sciences in the European context up to the destruction and forced migration caused by Fascism and National Socialism. This European perspective with the integration of history and philosophy of science and the current situation in the philosophy of science after the transatlantic interaction and transformation, and the “return” after World War II raises the question of contemporary European characteristics in the philosophy of science. The role and function of the renowned Vienna Circle of Logical Empiricism and its impact and influence on contemporary philosophy of science is on the agenda, too. Accordingly, the general topic is dealt with in two parallel sessions representing systematic-formal as well as genetic-historical perspectives on philosophy of science in a European context up to the present.​

Coherence: Insights from Philosophy, Jurisprudence and Artificial Intelligence

By Michał Araszkiewicz,Jaromír Šavelka
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  • Publisher : Springer Science & Business Media
  • Book Code : 9400761104
  • Total of Pages : 270
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  • Pdf File: coherence.pdf

Book Short Summary:

This book is a thorough treatise concerned with coherence and its significance in legal reasoning. The individual chapters present the topic from the general philosophical perspective, the perspective of legal-theory as well as the viewpoint of cognitive sciences and the research on artificial intelligence and law. As it has turned out the interchange of knowledge among these disciplines is very fruitful for each of them, providing mutual inspiration and increasing understanding of a given topic. This book is a unique resource for anyone interested in the concept of coherence and the role it plays in reasoning. As this book captures important contemporary issues concerning the ongoing discussion on coherence and law, those interested in legal reasoning should find it particularly helpful. By presenting such a broad scope of views and methods on approaching the issue of coherence we hope to promote the general interest in the topic as well as the academic research that centers around coherence and law.

The Law and Ethics of Freedom of Thought, Volume 1

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Book Short Summary:

Freedom of thought is one of the great and venerable notions of Western thought, often celebrated in philosophical texts – and described as a crucial right in American, European, and International Law, and in that of other jurisdictions. What it means more precisely is, however, anything but clear; surprisingly little writing has been devoted to it. In the past, perhaps, there has been little need for such elaboration. As one Supreme Court Justice stressed, “[f]reedom to think is absolute of its own nature” because even “the most tyrannical government is powerless to control the inward workings of the mind.” But the rise of brain scanning, cognition enhancement, and other emerging technologies make this question a more pressing one. This volume provides an interdisciplinary exploration of how freedom of thought might function as an ethical principle and as a constitutional or human right. It draws on philosophy, legal analysis, history, and reflections on neuroscience and neurotechnology to explore what respect for freedom of thought (or an individual’s cognitive liberty or autonomy) requires.

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  • Pdf File: a-theory-of-legal-personhood.pdf

Book Short Summary:

Who, or what, is a 'person' according to the law? How did this understanding of personhood come about? In the twenty-first century, environmentalism, animal rights, artificial intelligence, and corporate personhood have compelled us to consider these questions once again. Legal personhood is a foundational concept of Western legal thought and A Theory of Legal Personhood seeks to go beyond contemporary debates, challenging our very understanding of legal personhood itself. Drawing on extensive research, scholarship, legislation, and court cases from around the globe, this book offers readers — with or without previous knowledge — new insights into legal personhood. It scrutinizes how personhood came to be understood synonymously with the holding of legal rights. It then posits that a better understanding of legal personhood is as a cluster property. Finally, it applies this new theory to explain and structure the numerous debates surrounding legal personhood.

Recognizing Wrongs

By John C. P. Goldberg,Benjamin C. Zipursky
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  • Total of Pages : 392
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  • Pdf File: recognizing-wrongs.pdf

Book Short Summary:

Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.

Force and Freedom

By Arthur Ripstein
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Harvard University Press
  • Book Code : 0674054512
  • Total of Pages : 416
  • Category : Philosophy
  • Members : 521
  • Pdf File: force-and-freedom.pdf

Book Short Summary:

In this masterful work, both an illumination of Kant's thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant's political philosophy. In addition to providing a clear and coherent statement of the most misunderstood of Kant's ideas, Ripstein also shows that Kant's views remain conceptually powerful and morally appealing today.

Philosophy of Law

By Andrei Marmor
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Princeton University Press
  • Book Code : 1400838703
  • Total of Pages : 184
  • Category : Philosophy
  • Members : 448
  • Pdf File: philosophy-of-law.pdf

Book Short Summary:

In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal domain can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law.

The Legacy of H.L.A. Hart

By Matthew Kramer,Claire Grant,Ben Colburn,Antony Hatzistavrou
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : OUP Oxford
  • Book Code : 0191609234
  • Total of Pages : 376
  • Category : Law
  • Members : 582
  • Pdf File: the-legacy-of-h-l-a-hart.pdf

Book Short Summary:

This book is the product of a major British Academy Symposium held in 2007 to mark the centenary of the birth of H.L.A. Hart, the most important legal philosopher and one of the most important political philosophers of the twentieth century. The book brings together contributions from seventeen of the world's foremost legal and political philosophers who explore the many subjects in which Hart produced influential work. Each essay engages in an original analysis of philosophical problems that were tackled by Hart, some essays including extended critical discussions of his major works: The Concept of Law, Punishment and Responsibility, Causation in the Law and Law, Liberty and Morality. All the main topics of Hart's philosophical writings are featured: general jurisprudence and legal positivism; criminal responsibility and punishment; theories of rights; toleration and liberty; theories of justice; and causation in the law.

The Oxford Handbook of Law and Humanities

By Simon Stern,Maksymilian Del Mar,Bernadette Meyler
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Book Code : 0190695641
  • Total of Pages : 800
  • Category : Law
  • Members : 318
  • Pdf File: the-oxford-handbook-of-law-and-humanities.pdf

Book Short Summary:

How does materiality matter to legal scholarship? What can affect studies offer to legal scholars? What are the connections among visual studies, art history, and the knowledge and experience of law? What can the disciplines of book history, digital humanities, performance studies, disability studies, and post-colonial studies contribute to contemporary and historical understandings of law? These are only some of the important questions addressed in this wide-ranging collection of law and humanities scholarship. Collecting 45 new essays by leading international scholars, The Oxford Handbook of Law and Humanities showcases the work of law and humanities across disciplines, addressing methods, concepts and themes, genres, and areas of the law. The essays explore under-researched domains such as comics, videos, police files, form contracts, and paratexts, and shed new light on traditional topics, such as free speech, intellectual property, international law, indigenous peoples, immigration, evidence, and human rights. The Handbook provides an exciting new agenda for scholarship in law and humanities, and will be essential reading for anyone interested in the intersections of law and humanistic inquiry.

A Guide to Field Philosophy

By Evelyn Brister,Robert Frodeman
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1351169068
  • Total of Pages : 378
  • Category : Philosophy
  • Members : 259
  • Pdf File: a-guide-to-field-philosophy.pdf

Book Short Summary:

Philosophers increasingly engage in practical work with other disciplines and the world at large. This volume draws together the lessons learned from this work—including philosophers’ contributions to scientific research projects, consultations on matters of policy, and expertise provided to government agencies and non-profits—on how to effectively practice philosophy. Its 22 case studies are organized into five sections: I Collaboration and Communication II Policymaking and the Public Sphere III Fieldwork in the Academy IV Fieldwork in the Professions V Changing Philosophical Practice Together, these essays provide a practical, how-to guide for doing philosophy in the field—how to find problems that can benefit from philosophical contributions, effectively collaborate with other professionals and community members, make fieldwork a positive part of a philosophical career, and anticipate and negotiate the sorts of unanticipated problems that crop up in direct public engagement. Key features: Gives specific advice on how to integrate philosophy with outside groups. Offers examples from working with the public and private sectors, community organizations, and academic groups. Provides lessons learned, often summarized at the end of chapters, for how to practice philosophy in the field.

The Right to Do Wrong

By Mark Osiel
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Harvard University Press
  • Book Code : 0674240200
  • Total of Pages : 512
  • Category : Law
  • Members : 583
  • Pdf File: the-right-to-do-wrong.pdf

Book Short Summary:

Much of what we could do, we shouldn’t—and we don’t. Mark Osiel shows that common morality—expressed as shame, outrage, and stigma—is society’s first line of defense against transgressions. Social norms can be indefensible, but when they complement the law, they can save us from an alternative that is far worse: a repressive legal regime.

A Treatise of Legal Philosophy and General Jurisprudence

By Michael Lobban
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer
  • Book Code : 940179880X
  • Total of Pages : 524
  • Category : Law
  • Members : 910
  • Pdf File: a-treatise-of-legal-philosophy-and-general-jurisprudence.pdf

Book Short Summary:

The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and volume 12 forthcoming in 2015), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. ​Volume 7: The Jurists’ Philosophy of Law from Rome to the Seventeenth Century edited by Andrea Padovani and Peter Stein Volume 7 is the second of the historical volumes and acts as a complement to the previous Volume 6, discussing from the jurists’ perspective what that previous volume discusses from the philosophers’ perspective. The subjects of analysis are, first, the Roman jurists’ conception of law, second, the metaphysical and logical presuppositions of late medieval legal science, and, lastly, the connection between legal and political thought up to the 17th century. The discussion shows how legal science proceeds at every step of the way, from Rome to early modern times, as an enterprise that cannot be untangled from other forms of thought, thus giving rise to an interest in logic, medieval theology, philosophy, and politics—all areas where legal science has had an influence. Volume 8: A History of the Philosophy of Law in The Common Law World, 1600–1900 by Michael Lobban Volume 8, the third of the historical volumes, offers a history of legal philosophy in common-law countries from the 17th to the 19th century. Its main focus (like that of Volume 9) is on the ways in which jurists and legal philosophers thought about law and legal reasoning. The volume begins with a discussion of the ‘common law mind’ as it evolved in late medieval and early modern England. It goes on to examine the different jurisprudential traditions which developed in England and the United States, showing that while Coke’s vision of the common law continued to exert a strong influence on American jurists, in England a more positivist approach took root, which found its fullest articulation in the work of Bentham and Austin. ​

The Science of Right

By Immanual Kant
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Simon and Schuster
  • Book Code : 1625580908
  • Total of Pages : 104
  • Category : Philosophy
  • Members : 154
  • Pdf File: the-science-of-right.pdf

Book Short Summary:

The Science of Right has for its object the principles of all the laws which it is possible to promulgate by external legislation. Where there is such a legislation, it becomes, in actual application to it, a system of positive right and law; and he who is versed in the knowledge of this system is called a jurist or jurisconsult (jurisconsultus). A practical jurisconsult (jurisperitus), or a professional lawyer, is one who is skilled in the knowledge of positive external laws, and who can apply them to cases that may occur in experience. Such practical knowledge of positive right, and law, may be regarded as belonging to jurisprudence (jurisprudentia) in the original sense of the term.

Empirical Philosophy of Science

By Susann Wagenknecht,Nancy J. Nersessian,Hanne Andersen
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer
  • Book Code : 3319186000
  • Total of Pages : 171
  • Category : Social Science
  • Members : 985
  • Pdf File: empirical-philosophy-of-science.pdf

Book Short Summary:

The book examines the emerging approach of using qualitative methods, such as interviews and field observations, in the philosophy of science. Qualitative methods are gaining popularity among philosophers of science as more and more scholars are resorting to empirical work in their study of scientific practices. At the same time, the results produced through empirical work are quite different from those gained through the kind of introspective conceptual analysis more typical of philosophy. This volume explores the benefits and challenges of an empirical philosophy of science and addresses questions such as: What do philosophers gain from empirical work? How can empirical research help to develop philosophical concepts? How do we integrate philosophical frameworks and empirical research? What constraints do we accept when choosing an empirical approach? What constraints does a pronounced theoretical focus impose on empirical work? Nine experts discuss their thoughts and empirical results in the chapters of this book with the aim of providing readers with an answer to these questions.

Aristotle and The Philosophy of Law: Theory, Practice and Justice

By Liesbeth Huppes-Cluysenaer,Nuno M.M.S. Coelho
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer Science & Business Media
  • Book Code : 9400760310
  • Total of Pages : 276
  • Category : Law
  • Members : 486
  • Pdf File: aristotle-and-the-philosophy-of-law.pdf

Book Short Summary:

The book presents a new focus on the legal philosophical texts of Aristotle, which offers a much richer frame for the understanding of practical thought, legal reasoning and political experience. It allows understanding how human beings interact in a complex world, and how extensive the complexity is which results from humans’ own power of self-construction and autonomy. The Aristotelian approach recognizes the limits of rationality and the inevitable and constitutive contingency in Law. All this offers a helpful instrument to understand the changes globalisation imposes to legal experience today. The contributions in this collection do not merely pay attention to private virtues, but focus primarily on public virtues. They deal with the fact that law is dependent on political power and that a person can never be sure about the facts of a case or about the right way to act. They explore the assumption that a detailed knowledge of Aristotle's epistemology is necessary, because of the direct connection between Enlightened reasoning and legal positivism. They pay attention to the concept of proportionality, which can be seen as a precondition to discuss liberalism.

Law and Irresponsibility

By Scott Veitch
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1134107552
  • Total of Pages : 168
  • Category : Law
  • Members : 882
  • Pdf File: law-and-irresponsibility.pdf

Book Short Summary:

Law is widely assumed to provide contemporary society with its most important means of organizing responsibility. Across a broad range of areas of social life – from the activities of states and citizens, to work, business and private relationships – it is understood that legal regulation plays a crucial role in defining and limiting responsibilities. But Law and Irresponsibility pursues the opposite view: it explores how law organizes irresponsibility. With a particular focus on large-scale harms – including extensive human rights violations, forms of colonialism, and environmental or nuclear devastation – this book analyzes the ways in which law legitimates human suffering by demonstrating how legal institutions operate as much to deflect responsibility for harms suffered as to acknowledge them. Drawing on a series of case studies, it shows not only how law facilitates the dispersal and disavowal of responsibility, but how it does so in consistent and patterned ways. Irresponsibility is organized, and its organization is traced here to the legal forms, and the social and political conditions, that sustain ‘our’ complicity in human suffering. This innovative and interdisciplinary book provides a radical challenge to conventional thinking about law and legal institutions. It will be of considerable interest to those working in law, political and legal theory, sociology and moral philosophy.