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Author: Maciej Dybowski
Publisher: Taylor & Francis
ISBN: 1040120172
Category : Law
Languages : en
Pages : 296
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Book Description
This book engages the field of practice theory in order to consider law as a social practice. Taking up the theoretical concept of practices, the contributors to this volume maintain that law can be fruitfully understood as one among other social practices. Including perspectives from philosophers of language, experts in practice theory, linguists and legal philosophers, the book examines the twin questions of what it means for law to be considered a practice, and what law’s place is among other social practices. The book is comprised of three parts. The first provides a broad methodological framework for discussing how the concept of practice is used in the social sciences, and in law. The second deals with specific problems arising from the use of the concept of practice in the legal context, and from the intersection of different social practices. The third part identifies and addresses the consequences of applying insights from practice theory to law. Together, they offer a comprehensive consideration of what is at stake in understanding law as a social practice. This book will appeal to sociolegal scholars, sociologists of law, philosophers of language and action, as well as philosophers of law and legal theorists. Chapter 15 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution (CC-BY) 4.0 license. Chapter 8 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-ShareAlike (CC-BY-SA) 4.0 license.
Author: Maciej Dybowski
Publisher: Taylor & Francis
ISBN: 1040120172
Category : Law
Languages : en
Pages : 296
Get Book Here
Book Description
This book engages the field of practice theory in order to consider law as a social practice. Taking up the theoretical concept of practices, the contributors to this volume maintain that law can be fruitfully understood as one among other social practices. Including perspectives from philosophers of language, experts in practice theory, linguists and legal philosophers, the book examines the twin questions of what it means for law to be considered a practice, and what law’s place is among other social practices. The book is comprised of three parts. The first provides a broad methodological framework for discussing how the concept of practice is used in the social sciences, and in law. The second deals with specific problems arising from the use of the concept of practice in the legal context, and from the intersection of different social practices. The third part identifies and addresses the consequences of applying insights from practice theory to law. Together, they offer a comprehensive consideration of what is at stake in understanding law as a social practice. This book will appeal to sociolegal scholars, sociologists of law, philosophers of language and action, as well as philosophers of law and legal theorists. Chapter 15 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution (CC-BY) 4.0 license. Chapter 8 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-ShareAlike (CC-BY-SA) 4.0 license.
Author: Luc J. Wintgens
Publisher: Springer Science & Business Media
ISBN: 9401593175
Category : Philosophy
Languages : en
Pages : 284
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Book Description
In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.
Author: Neil Walker
Publisher: Edinburgh University Press
ISBN: 0748649301
Category : Law
Languages : en
Pages : 261
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Book Description
A Gedenkschrift to one of Scotland's most prominent jurists and legal thinkers.
Author: Giorgio Bongiovanni
Publisher: Springer
ISBN: 9048194520
Category : Philosophy
Languages : en
Pages : 773
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Book Description
This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.
Author: Luís Duarte d'Almeida
Publisher: Bloomsbury Publishing
ISBN: 1782252479
Category : Law
Languages : en
Pages : 426
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Book Description
Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself.
Author: Eduardo Demetrio Crespo
Publisher: Springer Nature
ISBN: 3031134133
Category : Law
Languages : en
Pages : 325
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Book Description
The book shares the results of project research granted by the Castilla-La Mancha government, which has been composed by philosophers of law and criminal law researchers, whose main conclusions are represented by the manifestations and trends of the current crisis of the constitutional State. The works identify these trends and manifestations in order to develop alternatives and remedies to solve the current negation process that classical liberties are involved, from the point of view of philosophy, policy, and dogmatic.
Author: María José Falcon y Tella
Publisher: BRILL
ISBN: 9004193375
Category : Law
Languages : en
Pages : 392
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Book Description
What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a “form” that, when applied to different legal themes, would add a “material content” to the three-dimensional theory. We can point out, as a study plan, the distinction between “three” perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the “three” phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the “three” characteristics of the legal order: Fullness, coherence, and unity—the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.
Author: Pierluigi Chiassoni
Publisher: Springer Nature
ISBN: 3030581861
Category : Law
Languages : en
Pages : 204
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Book Description
The book offers contributions to a philosophical and realistic approach to the place of adjudication in contemporary constitutional democracies. Bringing together scholars from different legal and philosophical backgrounds, the book purports to cast light on the role(s) of judges and the function of judicial interpretation inside of constitutional states, from the standpoint of legal realism as a revisited and sophisticated jurisprudential outlook. In so doing, the book also copes with a few major jurisprudential issues, like, e.g., determining the ideas that make up the core of legal realism, exploring the relation between legal realism and legal positivism, identifying the boundaries of judicial interpretation as they appear from a realist standpoint, as well as considering some skeptical outlooks on the very claims of contemporary legal realism.
Author: Jordi Ferrer Beltrán
Publisher: Oxford University Press
ISBN: 0199661642
Category : Law
Languages : en
Pages : 434
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Book Description
Does the law contain implicit exceptions to its own rules? If so, what consequence does that have for understanding the relationship between law and morality? This collection gathers leading legal philosophers to analyse the logical structure of legal norms, advancing the understanding of the general philosophy of law.
Author: Pier Giuseppe Monateri
Publisher: Edward Elgar Publishing
ISBN: 1785369172
Category : Law
Languages : en
Pages : 569
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Book Description
This comprehensive Handbook offers a thoughtful survey of contract theories, issues and cases in order to reassess the field's present vision of contract law. It engages a critical search for the fault lines which cross traditions of thought and globalized landscapes. Comparative Contract Law is built around four main groups of insights, including: the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; and the concurring opinions expressed within the domain of other disciplines, such as literature and political theory. The chapters in the book tease out the tensions between a global context and local frameworks as well as the movable thresholds between canonical expressions and heterodox constructions.
