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Author: George Pavlakos
Publisher: Cambridge University Press
ISBN: 1316240568
Category : Philosophy
Languages : en
Pages : 343
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Book Description
This collection of new essays explores in depth how and why we act when we follow practical standards, particularly in connection with the authority of legal texts and lawmakers. The essays focus on the interplay of intentions and practical reasons, engaging incisive arguments to demonstrate both the close connection between them, and the inadequacy of accounts that downplay this important link. Their wide-ranging discussion includes topics such as legal interpretation, the paradox of intention, the relation between moral and legal obligation, and legal realism. The volume will appeal to scholars and students of legal philosophy, moral philosophy, law, social science, cognitive psychology, and philosophy of action.
Author: George Pavlakos
Publisher: Cambridge University Press
ISBN: 1316240568
Category : Philosophy
Languages : en
Pages : 343
Get Book Here
Book Description
This collection of new essays explores in depth how and why we act when we follow practical standards, particularly in connection with the authority of legal texts and lawmakers. The essays focus on the interplay of intentions and practical reasons, engaging incisive arguments to demonstrate both the close connection between them, and the inadequacy of accounts that downplay this important link. Their wide-ranging discussion includes topics such as legal interpretation, the paradox of intention, the relation between moral and legal obligation, and legal realism. The volume will appeal to scholars and students of legal philosophy, moral philosophy, law, social science, cognitive psychology, and philosophy of action.
Author: George Pavlakos
Publisher:
ISBN: 9781316248126
Category : LAW
Languages : en
Pages :
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Book Description
Author: George Pavlakos
Publisher: Cambridge University Press
ISBN: 1107070724
Category : Law
Languages : en
Pages : 343
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Book Description
A collection of new essays on the interplay between intentions and practical reasons in law and practical agency.
Author: Veronica Rodriguez-Blanco
Publisher: Cambridge University Press
ISBN: 1108498108
Category : Law
Languages : en
Pages : 273
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Book Description
An agenda-setting multidisciplinary and interdisciplinary analysis of the complex phenomenon of responsibility in negligence.
Author: Miodrag A. Jovanović
Publisher: Cambridge University Press
ISBN: 1108473334
Category : Law
Languages : en
Pages : 287
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Book Description
The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.
Author: Joshua Jowitt
Publisher: Bloomsbury Publishing
ISBN: 1509947698
Category : Law
Languages : en
Pages : 185
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Book Description
How does law possess the normative force it requires to direct our actions? This book argues that this seemingly innocuous question is of central importance to the philosophy of law and, by extension, of the very concept of law itself. It advances a position grounded in the secular natural law tradition, and in doing so addresses the two success criteria for this position head on: Firstly, that commitment to the existence of a supreme moral principle is required; Secondly, that any supreme moral principle must be identifiable through human reason. The book argues that these conditions are met by Alan Gewirth's Principle of Generic Consistency (PGC), which – through a dialectically necessary argument – locates the existence of universally applicable moral norms in the concept of agency. Given the very purpose of law is to guide action, legal norms must be located in a unified hierarchy of practical reason. It follows that, if law is to succeed in claiming to be capable of guiding our action, moral permissibility with reference to the PGC is a necessary condition of a rule's legal validity. This strong theory of natural law is defended throughout, both against moral sceptics and positions within contemporary legal positivism.
Author: Kenneth Einar Himma
Publisher: Bloomsbury Publishing
ISBN: 1509916253
Category : Law
Languages : en
Pages : 283
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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: Joshua Stuchlik
Publisher: Cambridge University Press
ISBN: 1009034987
Category : Philosophy
Languages : en
Pages : 223
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Book Description
According to the principle of double effect, there is a strict moral constraint against bringing about serious harm to the innocent intentionally, but it is permissible in a wider range of circumstances to act in a way that brings about harm as a foreseen but non-intended side effect. This idea plays an important role in just war theory and international law, and in the twentieth century Elizabeth Anscombe and Philippa Foot invoked it as a way of resisting consequentialism. However, many moral philosophers now regard the principle with hostility or suspicion. Challenging the philosophical orthodoxy, Joshua Stuchlik defends the principle of double effect, situating it within a moral framework of human solidarity and responding to philosophical objections to it. His study uncovers links between ethics, philosophy of action, and moral psychology, and will be of interest to anyone seeking to understand the moral relevance of intention.
Author: Jorge Luis Fabra-Zamora
Publisher: Edward Elgar Publishing
ISBN: 1788974425
Category : Law
Languages : en
Pages : 287
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Book Description
Leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. This innovative book considers modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders.
Author: Sergio Tenenbaum
Publisher: Oxford University Press, USA
ISBN: 0198851480
Category : Philosophy
Languages : en
Pages : 258
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Book Description
Human actions unfold over time, in pursuit of ends that are not fully specified in advance. Rational Powers in Action locates these features of the human condition at the heart of a new theory of instrumental rationality. Where many theories of rational agency focus on instantaneous choices between sharply defined outcomes, treating the temporally extended and partially open-ended character of action as an afterthought, this book argues that the deep structure of instrumental rationality can only be understood if we see how it governs the pursuit of long-term, indeterminate ends. These are ends that cannot be realized through a single momentary action, and whose content leaves partly open what counts as realizing the end. Sergio Tenenbaum argues that we need to focus on temporal duration and the indeterminacy of ends in intentional action, even to explain the rational governance of relatively simple actions. Theories of moment-by-moment preference maximization, or indeed any understanding of instrumental rationality on the basis of momentary mental items, cannot capture the fundamental structure of our instrumentally rational capacities. Tenenbaum provides a new theory of instrumental rationality as rationality in action.
