Legal Judgements, Thick Concepts, and Objectivity PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Legal Judgements, Thick Concepts, and Objectivity PDF full book. Access full book title Legal Judgements, Thick Concepts, and Objectivity by Heidi Li Feldman. Download full books in PDF and EPUB format.
Author: Heidi Li Feldman
Publisher:
ISBN:
Category :
Languages : en
Pages : 370
Get Book Here
Book Description
Author: Heidi Li Feldman
Publisher:
ISBN:
Category :
Languages : en
Pages : 370
Get Book Here
Book Description
Author: Simon Kirchin
Publisher: OUP Oxford
ISBN: 0191652504
Category : Philosophy
Languages : en
Pages : 248
Get Book Here
Book Description
What is the difference between judging someone to be good and judging them to be kind? Both judgements are typically positive, but the latter seems to offer more description of the person: we get a more specific sense of what they are like. Very general evaluative concepts (such as good, bad, right and wrong) are referred to as thin concepts, whilst more specific ones (including brave, rude, gracious, wicked, sympathetic, and mean) are termed thick concepts. In this volume, an international team of experts addresses the questions that this distinction opens up. How do the descriptive and evaluative functions or elements of thick concepts combine with each other? Are these functions or elements separable in the first place? Is there a sharp division between thin and thick concepts? Can we mark interesting further distinctions between how thick ethical concepts work and how other thick concepts work, such as those found in aesthetics and epistemology? How, if at all, are thick concepts related to reasons and action? These questions, and others, touch on some of the deepest philosophical issues about the evaluative and normative. They force us to think hard about the place of the evaluative in a (seemingly) nonevaluative world, and raise fascinating issues about how language works.
Author:
Publisher:
ISBN:
Category : Dissertations, Academic
Languages : en
Pages : 596
Get Book Here
Book Description
Abstracts of dissertations available on microfilm or as xerographic reproductions.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 708
Get Book Here
Book Description
Author: Aharon Barak
Publisher: Princeton University Press
ISBN: 1400841267
Category : Law
Languages : en
Pages : 444
Get Book Here
Book Description
This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach--purposive interpretation--allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. Moreover, regardless of whether purposive interpretation amounts to a unifying theory, it would still be superior to other methods of interpretation in tackling each kind of text separately. Barak explains purposive interpretation as follows: All legal interpretation must start by establishing a range of semantic meanings for a given text, from which the legal meaning is then drawn. In purposive interpretation, the text's "purpose" is the criterion for establishing which of the semantic meanings yields the legal meaning. Establishing the ultimate purpose--and thus the legal meaning--depends on the relationship between the subjective and objective purposes; that is, between the original intent of the text's author and the intent of a reasonable author and of the legal system at the time of interpretation. This is easy to establish when the subjective and objective purposes coincide. But when they don't, the relative weight given to each purpose depends on the nature of the text. For example, subjective purpose is given substantial weight in interpreting a will; objective purpose, in interpreting a constitution. Barak develops this theory with masterful scholarship and close attention to its practical application. Throughout, he contrasts his approach with that of textualists and neotextualists such as Antonin Scalia, pragmatists such as Richard Posner, and legal philosophers such as Ronald Dworkin. This book represents a profoundly important contribution to legal scholarship and a major alternative to interpretive approaches advanced by other leading figures in the judicial world.
Author: Graham Hubbs
Publisher: Routledge
ISBN: 1135086036
Category : Philosophy
Languages : en
Pages : 327
Get Book Here
Book Description
This volume puts leading pragmatists in the philosophy of language, including Robert Brandom, in contact with scholars concerned with what pragmatism has come to mean for the law. Each contribution uses the resources of pragmatism to tackle fundamental problems in the philosophy of language, the philosophy of law, and social and political philosophy. In many chapters, the version of pragmatism deployed proves a fruitful approach to its subject matter; in others, shortcomings of the specific brand of pragmatism are revealed. The result is a clearer understanding of what pragmatism has meant and can mean across these tightly related philosophical areas. The book, then, is itself pragmatism in action: it seeks to clarify its unifying concept by examining the practices that centrally involve it.
Author: Lon Luvois Fuller
Publisher:
ISBN: 9788175341630
Category : Law and ethics
Languages : en
Pages : 0
Get Book Here
Book Description
Author: Sean Coyle
Publisher: Hart Publishing
ISBN: 1841135046
Category : Law
Languages : en
Pages : 185
Get Book Here
Book Description
In a series of new essays the authors attempt to answer important questions about the nature of jurisprudential thinking.
Author: Nils Jansen
Publisher: Oxford University Press
ISBN: 0198705050
Category : Law
Languages : en
Pages : 577
Get Book Here
Book Description
This English translation makes available to anglophone readers a modern classic of German tort theory. It argues that modern German tort law is faced with doctrinal tensions based on problematic theoretical assumptions which stem from historical conceptions of tortious liability, inappropriate to modern times. From a theoretical perspective, it argues against the prevalent doctrinal view in Germany that conceives of tortious liability as split between two tracks - a fault-based track and a strict liability track - each with different normative foundations. Instead, Jansen asserts that there is no rigid distinction between the normative foundations of each form of liability. Rather, both fault liability and strict liability in German law, and indeed other European systems, are best considered as resting upon the unifying theoretical structure of outcome responsibility. The book thus places responsibility rather than wrongdoing at the centre of the normative foundations of tort law. Historically, the book traces in detail how conceptions of tort liability have changed from Roman law to contemporary legal doctrine. It shows how particular historical understandings of the normative basis of tort law have led to continuing normative tensions in contemporary doctrine. Finally, the book examines how a reconstruction of modern German - and, indeed, European - law as based upon outcome responsibility should affect its doctrinal structure. This book makes contributions to the study of the theory, history, and doctrinal structure of tort law. While drawing on and explaining German tort law, its comparative, theoretical, and historical analysis will be of interest to scholars in all legal systems.
Author: Przemysław Kaczmarek
Publisher: Wydawnictwo C.H.Beck
ISBN: 8381580404
Category : Education
Languages : en
Pages : 355
Get Book Here
Book Description
Judges and lawyers have to shape their moral competences in order to maintain their professional ethics at a high standard if they want to effectively meet the challenges that modern society will throw at them. This requirement is due to the growing expectation that they will be socially and morally responsible for the law. Thus, the need to place ethics at the heart of legal education, and to make ethical reflection pervasive in academic courses, becomes more obvious every day. Using the concept and examples of moral dilemmas is a way of facilitating this task. The main purpose of this book is to analyse the concept of moral dilemma in context of judicial and legal ethics, and to provide material for legal education. The structure of this book is designed with this double aim in mind. The theoretical part presents the concept of dilemmas on grounds of metaethics and the perspectives for its application in a professional legal context. The former encompasses situations of conflict of duties or obligations, in which the choice of one conduct necessarily prevents a different conduct, and therefore leads to an unacceptable outcome. Hence, the situation of dilemma always involves an issue of moral responsibility and the problem of “dirty hands”. How such situations are present in legal practice and how to deal with them is the main concern of this part. The considerations are divided into three levels of reflection – deontological, axiological, and moral responsibility. The practical part of the book contains an overview of 150 dilemmas that can be useful in legal ethics or other legal courses. The dilemmas are divided into chapters covering the following branches of law: criminal law, civil and commercial law, family and custody law, labour and social security law, and constitutional law. Every dilemma presents a description of the facts, a reconstruction of dilemma, its standard solution and some critical remarks from a meta-ethical perspective. The dilemmas cover situations regularly met in everyday practice, as well as examples of more exceptional challenges in connection with constitutional crises that have occurred in Poland in recent years.
