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Author: Thomas Morawetz
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 412
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Book Description
Author: Thomas Morawetz
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 412
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Book Description
Author: Albert W. Musschenga
Publisher: Routledge
ISBN: 1351906348
Category : Philosophy
Languages : en
Pages : 285
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Book Description
Legal and moral reasoning share much methodology, and they address similar problems. This volume charts two shared problems: the relation between theory, principles and particular judgments; and the role of facts and factual assertions in normative settings. The relation between 'theory' and 'practice' and between 'principle' and 'particular judgment' has become the subject of much debate in moral philosophy. In the ongoing debate, some moral philosophers refer to legal philosophy for a support of their views on the primacy of 'practice' over 'theory'. According to them, legal philosophy should have a more balanced view in that relation. In the contributions to Part One this claim is critically analysed. The role of the facts is underestimated in discussions on legal reasoning and legal theory, as well as moral reasoning and ethical theory. Factual statements enter into moral and legal discussions not only because they link the conclusion with a rule. They also play a role as background assumptions in supporting a theory. Its focus on the role of facts in normative reasoning makes this book of special interest to scholars of legal and moral argumentation.
Author: Neil MacCormick
Publisher: Oxford University Press
ISBN: 0191622001
Category : Law
Languages : en
Pages : 240
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Book Description
The concept of practical reason is central to contemporary thought on ethics and the philosophy of law - acting well means acting for good reasons. Explaining this requires several stages. How do reasons relate to actions at all, as incentives and in explanations? What are values, how do they relate to human nature, and how do they enter practical reasoning? How do the concepts of 'right and wrong' fit in, and in what way do they involve questions of mutual trust among human beings? How does our moral freedom - our freedom to form our own moral commitments - relate to our responsibilities to each other? How is this final question transposed into law and legal commitments? This book explores these questions, vital to understanding the nature of law and morality. It presents a clear account of practical reason, valuable to students of moral philosophy and jurisprudence at undergraduate or postgraduate levels. For more advanced scholars it also offers a reinterpretation of Kant's views on moral autonomy and Smith's on self-command, marrying Smith's 'moral sentiments' to Kant's 'categorical imperative' in a novel way. The book concludes and underpins the author's Law, State and Practical Reason series. Taken together the books offer an overarching theory of the nature of law and legal reason, the role of the State, and the nature of moral reason and judgement.
Author: Aleksander Peczenik
Publisher: Springer Science & Business Media
ISBN: 1402083815
Category : Law
Languages : en
Pages : 455
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Book Description
'This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.’ These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the book’s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (‘defeasible’) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail.
Author: Brad Inwood
Publisher: OUP Oxford
ISBN: 0191530603
Category : Philosophy
Languages : en
Pages : 396
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Book Description
Brad Inwood presents a selection of his most influential essays on the philosophy of Seneca, the Roman Stoic thinker, statesman, and tragedian of the first century AD. Including two brand-new pieces, and a helpful introduction to orient the reader, this volume will be an essential guide for anyone seeking to understand Seneca's fertile, wide-ranging thought and its impact on subsequent generations. In each of these essays Seneca is considered as a philosopher, but with as much account as possible taken of his life, his education, his intellectual and literary background, his career, and his self-presentation as an author. Seneca emerges as a discerning and well-read Stoic, with a strong inclination to think for himself in the context of an intellectual climate teeming with influences from other schools. Seneca's intellectual engagement with Platonism, Aristotelianism, and even with Epicureanism involved a wide range of substantial philosophical interests and concerns. His philosophy was indeed shaped by the fact that he was a Roman, but he was a true philosopher shaped by his culture rather than a Roman writer trying his hand at philosophical themes. The highly rhetorical character of his writing must be accounted for when reading his works, and when one does so the underlying philosophical themes stand out more clearly. While it is hard to generalize about an overall intellectual agenda or systematic philosophical method, key themes and strategies are evident. Inwood shows how Seneca's philosophical ingenium worked itself out in a fundamentally particularistic way as he pursued those aspects of Stoicism that engaged him most forcefully over his career.
Author: Lawrence Kohlberg
Publisher:
ISBN:
Category : Child development
Languages : en
Pages : 1006
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Book Description
Author: Samuel J. Stoljar
Publisher: Springer
ISBN: 1349050954
Category : Philosophy
Languages : en
Pages : 180
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Book Description
Author: Norma Haan
Publisher: Elsevier
ISBN: 1483263274
Category : Psychology
Languages : en
Pages : 361
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Book Description
Coping and Defending: Processes of Self-Environment Organization investigates coping and defending within the context of personal-social psychology, with emphasis on processes of self-environment organization. Topics range from ego and stress to personality theory, family, and child rearing. Comprised of 13 chapters, this book begins with a discussion on theories and conceptualizations of ego, paying particular attention to its logical constraints as state; the neomechanical personal man; rational choice; and continuity and discontinuity in states. Subsequent chapters explore coping, defense, and fragmentation as ego processes; immanent value in personality theory; problems and perspectives in investigating ego processes; and the interregulation between structures and ego processes. The next section is largely devoted to empirically based findings concerning the development of ego processing; the link between stress and processing; and processing in families. The final chapter describes research aimed at developing and improving coping and defense scales based on personality inventories. This monograph will be of interest to developmentalists, cognitivists, personologists, clinicians, and social psychologists, as well as sociologists and perhaps anthropologists.
Author: Alan H. Goldman
Publisher: Routledge
ISBN: 1000045021
Category : Philosophy
Languages : en
Pages : 287
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Book Description
Originally published in 1988, this book discusses if moral knowledge exists, and if so, if it is similar to other forms of knowledge. This book approaches the issues from both historical and contemporary perspectives and in order to determine whether there is a real property of rightness, looks to the ethical theories of Hobbes, Hume and Kant. This historical analysis leads to a systematic comparison of three theories of the nature of ethics: realism, emotivism and coherentism. The nature of coherence is explained using legal reasoning as a model. Moral reasoning is compared and contrasted with reasoning both in science and law, showing how ethics differs from science and empirical disciplines.
Author: Jean Porter
Publisher: Wm. B. Eerdmans Publishing
ISBN: 9780802849069
Category : Law
Languages : en
Pages : 440
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Book Description
This noteworthy book develops a new theory of the natural law that takes its orientation from the account of the natural law developed by Thomas Aquinas, as interpreted and supplemented in the context of scholastic theology in the twelfth and thirteenth centuries. Though this history might seem irrelevant to twenty-first-century life, Jean Porter shows that the scholastic approach to the natural law still has much to contribute to the contemporary discussion of Christian ethics. Aquinas and his interlocutors provide a way of thinking about the natural law that is distinctively theological while at the same time remaining open to other intellectual perspectives, including those of science. In the course of her work, Porter examines the scholastics' assumptions and beliefs about nature, Aquinas's account of happiness, and the overarching claim that reason can generate moral norms. Ultimately, Porter argues that a Thomistic theory of the natural law is well suited to provide a starting point for developing a more nuanced account of the relationship between specific beliefs and practices. While Aquinas's approach to the natural law may not provide a system of ethical norms that is both universally compelling and detailed enough to be practical, it does offer something that is arguably more valuable -- namely, a way of reflecting theologically on the phenomenon of human morality.
