Author:
Publisher:
ISBN:
Category : Dissertations, Academic
Languages : en
Pages : 628

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Author: David Plunkett
Publisher: Oxford University Press
ISBN: 0190640421
Category : Law
Languages : en
Pages : 813

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Book Description
Understood one way, the branch of contemporary philosophical ethics that goes by the label "metaethics" concerns certain second-order questions about ethics-questions not in ethics, but rather ones about our thought and talk about ethics, and how the ethical facts (insofar as there are any) fit into reality. Analogously, the branch of contemporary philosophy of law that is often called "general jurisprudence" deals with certain second order questions about law- questions not in the law, but rather ones about our thought and talk about the law, and how legal facts (insofar as there are any) fit into reality. Put more roughly (and using an alternative spatial metaphor), metaethics concerns a range of foundational questions about ethics, whereas general jurisprudence concerns analogous questions about law. As these characterizations suggest, the two sub-disciplines have much in common, and could be thought to run parallel to each other. Yet, the connections between the two are currently mostly ignored by philosophers, or at least under-scrutinized. The new essays collected in this book are aimed at changing this state of affairs. Dimensions of Normativity collects together works by metaethicists and legal philosophers that address a number of issues that are of common interest, with the goal of accomplishing a new rapprochement between the two sub-disciplines.

Author: Kenneth Einar Himma
Publisher: Bloomsbury Publishing
ISBN: 1509916261
Category : Law
Languages : en
Pages : 462

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Book Description
This book provides a new and wide-ranging study of law's normativity, examining conceptual, descriptive and empirical dimensions of this perennial philosophical issue. It also contains essays concerned with, among other issues, the relationship between semantic and legal normativity; methodological concerns pertaining to understanding normativity; normativity and legal interpretation; and normativity as it pertains to transnational law. The contributors come not only from the usual Anglo-American and Western European community of legal theorists, but also from Latin American and Eastern European communities, representing a diversity of perspectives and points of view – including essays from both analytic and continental methodologies. With this range of topics, the book will appeal to scholars in transnational law, legal sociology, normative legal philosophy concerned with problems of state legitimacy and practical rationality, as well as those working in general jurisprudence. It comprises a highly important contribution to the study of law's normativity.

Author: Torben Spaak
Publisher: Cambridge University Press
ISBN: 110866363X
Category : Law
Languages : en
Pages : 807

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Legal positivism is one of the fundamental theories of jurisprudence studied in law and related fields around the world. This volume addresses how legal positivism is perceived and makes the case for why it is relevant for contemporary legal theory. The Cambridge Companion to Legal Positivism offers thirty-three chapters from leading scholars that provide a comprehensive commentary on the fundamental ideas of legal positivism, its history and major theorists, its connection to normativity and values, its current development and influence, as well as on the criticisms moved against it.

Author: Gisela Bengtsson
Publisher: Springer
ISBN: 3319711865
Category : Mathematics
Languages : en
Pages : 186

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Book Description
This volume collects nine essays that investigate the work of Gottlob Frege. The contributors address Frege’s work in relation to literature and fiction (Dichtung), the humanities (Geisteswissenschaften), and science (Wissenschaft). Overall, the essays consider internal connections between different aspects of Frege’s work while acknowledging the importance of its philosophical context. There are also further common strands between the papers, such as the relation between Frege’s and Wittgenstein’s approaches to philosophical investigations, the relation between Frege and Kant, and the place of Frege’s work in the philosophical landscape more generally. The volume is therefore of direct relevance to several current debates in philosophy in general, in addition to Frege and Wittgenstein research in particular. Even though Frege’s great significance for contemporary philosophy is not disputed, the question of how we are to understand the character and aims of his project is debated. The debate has a starting point in Frege’s specific conception of logic. The volume elucidates this conception as well as the relation between natural language and the Begriffsschrift. It will help philosophers, researchers, and students better understand the nuances of this great thinker. By extension, it will also help readers seeking to understand Wittgenstein’s approach to philosophical difficulties and his struggle to find an apt form of presentation for his philosophical investigations.

Author: C. Sandis
Publisher: Springer
ISBN: 0230582974
Category : Philosophy
Languages : en
Pages : 440

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Book Description
These previously unpublished essays present the newest developments in the thought of philosophers working on action and its explanation, focusing on a wide range of interlocking issues relating to agency, deliberation, motivation, mental causation, teleology, interpretive explanation and the ontology of actions and their reasons.

Author: H. Kelsen
Publisher: Springer Science & Business Media
ISBN: 940102653X
Category : Philosophy
Languages : en
Pages : 387

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Book Description
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.

Author: John Tasioulas
Publisher: Cambridge University Press
ISBN: 1108963420
Category : Law
Languages : en
Pages : 435

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Book Description
What is the nature of law as a form of social order? What bearing do values like justice, human rights, and the rule of law have on law? Which values should law serve, and what limits must it respect in serving them? Are we always morally bound to obey the law? What are the philosophical problems that arise in specific areas of law, from criminal and tort law to contract law and public international law? The book provides an accessible, comprehensive, and high quality introduction to the major themes of legal philosophy written by a stellar international cast of contributors, including John Finnis, Martha Nussbaum, Fred Schauer, Onora O'Neill and Antony Duff. The volume is an exceptional teaching tool that provides a critical introduction to cutting-edge work in the philosophy of law.

Author: Peter Langford
Publisher: BRILL
ISBN: 9004390391
Category : Philosophy
Languages : en
Pages : 555

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Book Description
Hans Kelsen and the Natural Law Tradition provides the first sustained examination of Hans Kelsen’s critical engagement, itself founded upon a distinctive theory of legal positivism, with the Natural Law Tradition. This edited collection commences with a comprehensive introduction which establishes the character of Kelsen’s critical engagement as a general critique of natural law combined with a more specific critique of representative thinkers of the Natural Law Tradition. The subsequent chapters are then devoted to a detailed analysis of Kelsen’s engagement with prominent theorists from the Natural Law Tradition. The volume concludes with an exploration, focusing upon the delineation of a non-positivist legal theory in the debate between Robert Alexy and Joseph Raz, of the continued presence of Kelsenian legal positivism in contemporary legal theory.

Author: Maris Köpcke
Publisher: Bloomsbury Publishing
ISBN: 150990428X
Category : Law
Languages : en
Pages : 197

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Book Description
Critical human interests are affected on a daily basis by appeal to past decisions deemed to be 'legally valid'. They include statutes, deportation orders, judgments, mortgage contracts, patents and wills. Through the technique of validity, lawyerly reasoning settles morally pressing matters in a way that largely bypasses moral argument. Legal philosophy has paid considerable attention to validity criteria, but it has neglected to explore validity's point: whether, and if so how, the pervasive technique of validity can contribute to a legal system's ability to realise justice and human rights. This book shows that validity can help a political community to foster justice precisely because validity does not primarily turn on moral considerations. Validity serves to both allocate, and limit, a distinct kind of power, a power that is key to forging valuable forms of enterprise and commitment in pursuit of individual and collective self-direction. By entrusting the capacity to decide to those who, in justice, ought to bear it, validity can enable persons and institutions to rally the resources and opportunities that only large-scale behavioural convergence can afford, thereby weaving a fabric of just relationships within the systemic framework of law.