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Author: Yemima Ben-Menahem
Publisher: Springer Nature
ISBN: 3030967751
Category : Science
Languages : en
Pages : 390
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Book Description
This book subjects the traditional concept of law of nature to critical examination. There are two kinds of reasons that invite this reexamination, one deriving from philosophical concerns over the traditional concept, the other motivated by theoretical and practical changes in science. One of the philosophical worries is that the idiom of law of nature, especially when combined with the notion of laws 'governing' individual events and processes, is no longer as intelligible as it used to be in the theistic context in which the formulation of laws became central to science. The traditional concept is also challenged in various ways by contemporary scientific theories such as quantum mechanics, chaos theory and the general theory of relativity. It is no longer clear that there are any universal laws, laws do not always guarantee predictability, and the border between physical and mathematical considerations is constantly shifting. The most difficult challenge, perhaps, is to come up with a scientific explanation of the origin of laws. Wrestling with these intriguing problems, the papers in this volume broaden both our understanding of the natural order and our desiderata of scientific explanation.
Author: Yemima Ben-Menahem
Publisher: Springer Nature
ISBN: 3030967751
Category : Science
Languages : en
Pages : 390
Get Book Here
Book Description
This book subjects the traditional concept of law of nature to critical examination. There are two kinds of reasons that invite this reexamination, one deriving from philosophical concerns over the traditional concept, the other motivated by theoretical and practical changes in science. One of the philosophical worries is that the idiom of law of nature, especially when combined with the notion of laws 'governing' individual events and processes, is no longer as intelligible as it used to be in the theistic context in which the formulation of laws became central to science. The traditional concept is also challenged in various ways by contemporary scientific theories such as quantum mechanics, chaos theory and the general theory of relativity. It is no longer clear that there are any universal laws, laws do not always guarantee predictability, and the border between physical and mathematical considerations is constantly shifting. The most difficult challenge, perhaps, is to come up with a scientific explanation of the origin of laws. Wrestling with these intriguing problems, the papers in this volume broaden both our understanding of the natural order and our desiderata of scientific explanation.
Author: Nancy Cartwright
Publisher: Bloomsbury Publishing
ISBN: 1474244084
Category : Philosophy
Languages : en
Pages : 207
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Book Description
This book presents a radical new picture of natural order. The Newtonian idea of a cosmos ruled by universal and exceptionless laws has been superseded; replaced by a conception of nature as a realm of diverse powers, potencies, and dispositions, a 'dappled world'. There is order in nature, but it is more local, diverse, piecemeal, open, and emergent than Newton imagined. In each chapter expert authors expound the historical context of the idea of laws of nature, and explore the diverse sorts of order actually presupposed by work in physics, biology, and the social sciences. They consider how human freedom might be understood, and explore how Newton's idea of a 'universal designer' might be revised, in this new context. They argue that there is not one unified totalizing program of science, aiming at the completion of one closed causal system. We live in an ordered universe, but we need to rethink the classical idea of the 'laws of nature' in a more dynamic and creatively diverse way.
Author: Paulo Ferreira da Cunha
Publisher: Springer Science & Business Media
ISBN: 3642326595
Category : Law
Languages : en
Pages : 79
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Book Description
For centuries, natural law was the main philosophical legal paradigm. Now, it is a wonder when a court of law invokes it. Arthur Kaufmann already underlined a modern general "horror iuris naturalis". We also know, with Winfried Hassemer, that the succession of legal paradigms is a matter of fashion. But why did natural law become outdated? Are there any remnants of it still alive today? This book analyses a number of prejudices and myths that have created a general misconception of natural law. As Jean-Marc Trigeaud put it: there is a natural law that positivists invented. Not the real one(s). It seeks to understand not only the usual adversaries of natural law (like legalists, positivists and historicists) but also its further enemies, the inner enemies of natural law, such as internal aporias, political and ideological manipulations, etc. The book puts forward a reasoned and balanced examination of this treasure of western political and juridical though. And, if we look at it another way, natural law is by no means a loser in our times: because it lives in modern human rights.
Author: Nancy Cartwright
Publisher:
ISBN: 9781474244077
Category : Cosmology
Languages : en
Pages :
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Book Description
Author: Laitos, Jan G.
Publisher: Edward Elgar Publishing
ISBN: 1788976037
Category : Law
Languages : en
Pages : 264
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Book Description
Challenging historic assumptions about human relationships with nature, Jan G. Laitos examines how environmental laws have addressed environmental problems in the past, and the reasons for the laws' inability to successfully prevent environmental contamination and alterations of critical environmental systems. This forward-thinking book offers a creative and organic alternative to traditional but ultimately unsuccessful environmental rules. It explains the need for a new generation of environmental laws grounded in the universal laws of nature which might succeed where past and current approaches have largely failed.
Author: Crina Archer
Publisher: Fordham Univ Press
ISBN: 0823251411
Category : Nature
Languages : en
Pages : 225
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Book Description
The essays collected here, by both eminent and emerging scholars, engage interlocutors from Machiavelli to Arendt. Individually, they contribute compelling readings of important political thinkers and add fresh insights to debates in areas such as environmentalism and human rights. Together, the volume issues a call to think anew about nature, not only as a traditional concept that should be deconstructed or affirmed but also as a site of human political activity and struggle worthy of sustained theoretical attention.
Author: Carel Stolker
Publisher: Cambridge University Press
ISBN: 1107073898
Category : Law
Languages : en
Pages : 471
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Book Description
Written by a former dean, this book offers a unique understanding of challenges facing legal education, research, publishing and governance.
Author: James MacLean
Publisher: Routledge
ISBN: 1136697764
Category : Law
Languages : en
Pages : 217
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Book Description
Rethinking Law as Process draws on insights from 'process philosophy' in order to rethink the nature of legal decision making.
Author: D. M. Armstrong
Publisher: Cambridge University Press
ISBN: 1316558894
Category : Philosophy
Languages : en
Pages : 183
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Book Description
First published in 1985, D. M. Armstrong's original work on what laws of nature are has continued to be influential in the areas of metaphysics and philosophy of science. Presenting a definitive attack on the sceptical Humean view, that laws are no more than a regularity of coincidence between stances of properties, Armstrong establishes his own theory and defends it concisely and systematically against objections. Presented in a fresh twenty-first-century series livery, and including a specially commissioned preface written by Marc Lange, illuminating its continuing importance and relevance to philosophical enquiry, this influential work is available for a new generation of readers.
Author: Kevin M. Doak
Publisher: Springer
ISBN: 3030020355
Category : Political Science
Languages : en
Pages : 136
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Book Description
This book explores one of the 20th century’s most consequential global political thinkers and yet one of the most overlooked. Tanaka Kōtarō (1890-1974) was modern Japan’s pre-eminent legal scholar and jurist. Yet because most of his writing was in Japanese, he has been largely overlooked outside of Japan. His influence in Japan was extraordinary: the only Japanese to serve in all three branches of government, and the longest serving Chief Justice of the Supreme Court. His influence outside Japan also was extensive, from his informal diplomacy in Latin America in the prewar period to serving on the International Court of Justice in the 1960s. His stinging dissent on that court in the 1966 South-West Africa Case is often cited even today by international jurists working on human rights issues. Above and beyond these particular lines of influence, Tanaka outlined a unique critique of international law as inherently imperialistic and offered as its replacement a theory of World Law (aka “Global Law”) based on the Natural Law. What makes Tanaka’s position especially notable is that he defended the Natural Law not as a European but from his vantage point as a Japanese jurist, and he did so not from public law, but from his own expertise in private law. This work introduces Tanaka to a broader, English-reading public and hopes thereby to correct certain biases about the potential scope of ideas concerning human rights, universality of reason, law and ethics.
