Author: Bebhinn Donnelly
Publisher: Routledge
ISBN: 1317187482
Category : Law
Languages : en
Pages : 174
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Book Description
Exploring the relationship between natural law theory and the philosophy of law, Bebhinn Donnelly proposes a new approach to natural law theory - one which addresses some of the tradition's shortcomings and advances further its approach to Hume's dichotomy. Key features: ¢ Provides a clear definition of `nature' in this context ¢ Contrasts the work of Hume and Kant regarding the `is/ought' issue ¢ Examines the approach in traditional natural law ¢ Presents a full discussion of Finnis and the departure from traditional natural law ¢ Proposes a new, natural law approach to normativity, drawing on the strengths of traditional natural law theory ¢ Illustrates how natural law may provide a normative base for law A Natural Law Approach to Normativity presents an original perspective on natural law theory and will be of interest to academics in philosophy of law, moral/political philosophy, natural law theorists, and students of jurisprudence internationally.
Author: Robin West
Publisher: Cambridge University Press
ISBN: 1139504126
Category : Political Science
Languages : en
Pages : 221
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Book Description
Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.
Author: Hannah Ginsborg
Publisher: Oxford University Press
ISBN: 0199547971
Category : Philosophy
Languages : en
Pages : 373
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Book Description
Why read Kant's Critique of Judgment? For most readers, the importance of the work lies in its contributions to aesthetics and, to a lesser extent, the philosophy of biology. Hannah Ginsborg, by contrast, sees the Critique of Judgment as a central contribution to the understanding of human cognition generally. The fourteen essays collected here advance a common interpretive project: that of bringing out the philosophical significance of the notion of judgment which figures in the third Critique and showing its importance both to Kant's own theoretical philosophy and to contemporary views of human thought and cognition. For us to possess the capacity of judgment, on the interpretation defended here, is for our natural perceptual and imaginative responses to involve a claim to their own normativity with respect to the objects which cause them. It is in virtue of this capacity that we are able not merely to respond discriminatively to objects, as animals do, but to bring objects under concepts. The Critique of Judgment, on this reading, rejects the traditional dichotomy between the natural and the normative: our natural psychological responses to the spatio-temporal objects which affect our senses are both causally determined by those objects, and normatively appropriate to them. The essays in this book aim collectively to develop and illuminate this understanding of judgment in its own right, and to use it to address specific interpretive issues in Kant's aesthetics, theory of knowledge, and philosophy of biology; they are also concerned to bring out the relevance of this conception of judgment to contemporary debates regarding concept-acquisition, the content of perception, and skepticism about rules and meaning.
Author: Konstantin Pollok
Publisher: Cambridge University Press
ISBN: 1107127807
Category : Philosophy
Languages : en
Pages : 343
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Book Description
A milestone in Kant scholarship, this interpretation of his critical philosophy makes sense of his notorious 'synthetic judgments a priori'.
Author: Kenneth Einar Himma
Publisher:
ISBN: 0198854935
Category : Law
Languages : en
Pages : 289
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Book Description
Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigor and originality. It sets the standard in contemporary jurisprudence. Book jacket.
Author: Joseph Raz
Publisher: Oxford University Press
ISBN: 0199693811
Category : Philosophy
Languages : en
Pages : 290
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Book Description
What are our duties or rights? How should we act? What are we responsible for? Joseph Raz examines the philosophical issues underlying these everyday questions. He explores the nature of normativity--the reasoning behind certain beliefs and emotions about how we should behave--and offers a novel account of responsibility.
Author: Kevin Thompson
Publisher: Northwestern University Press
ISBN: 0810139944
Category : Philosophy
Languages : en
Pages : 175
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Book Description
Hegel’s Elements of the Philosophy of Right offers an innovative and important account of normativity, yet the theory set forth there rests on philosophical foundations that have remained largely obscure. In Hegel’s Theory of Normativity, Kevin Thompson proposes an interpretation of the foundations that underlie Hegel’s theory: its method of justification, its concept of freedom, and its account of right. Thompson shows how the systematic character of Hegel’s project together with the metaphysical commitments that follow from its method are essential to secure this theory against the challenges of skepticism and to understand its distinctive contribution to questions regarding normative justification, practical agency, social ontology, and the nature of critique.
Author: Giancarlo Marchetti
Publisher: Routledge
ISBN: 1317354672
Category : Philosophy
Languages : en
Pages : 440
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Book Description
This collection offers a synoptic view of current philosophical debates concerning the relationship between facts and values, bringing together a wide spectrum of contributors committed to testing the validity of this dichotomy, exploring alternatives, and assessing their implications. The assumption that facts and values inhabit distinct, unbridgeable conceptual and experiential domains has long dominated scientific and philosophical discourse, but this separation has been seriously called into question from a number of corners. The original essays here collected offer a diversity of responses to fact-value dichotomy, including contributions from Hilary Putnam and Ruth Anna Putnam who are rightly credited with revitalizing philosophical interest in this alleged opposition. Both they, and many of our contributors, are in agreement that the relationship between epistemic developments and evaluative attitudes cannot be framed as a conflict between descriptive and normative understanding. Each chapter demonstrates how and why contrapositions between science and ethics, between facts and values, and between objective and subjective are false dichotomies. Values cannot simply be separated from reason. Facts and Values will therefore prove essential reading for analytic and continental philosophers alike, for theorists of ethics and meta-ethics, and for philosophers of economics and law.
Author: Jonathan Crowe
Publisher: Cambridge University Press
ISBN: 1108498302
Category : History
Languages : en
Pages : 275
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Book Description
Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.
Author: Steven Crowell
Publisher: Cambridge University Press
ISBN: 1107035449
Category : Philosophy
Languages : en
Pages : 339
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Book Description
Demonstrates how phenomenology constructively addresses problems in philosophy of mind, moral psychology and philosophy of action.
