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Author: Dennis M. Patterson
Publisher: Westview Press
ISBN:
Category : Law
Languages : en
Pages : 294
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Book Description
Author: Dennis M. Patterson
Publisher: Westview Press
ISBN:
Category : Law
Languages : en
Pages : 294
Get Book Here
Book Description
Author: Dennis Michael Patterson
Publisher: Routledge
ISBN:
Category : Law
Languages : en
Pages : 504
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Book Description
The papers collected in this volume reflect a focus on the continuing relevance and importance of Wittgenstein's work for philosophy in general, and legal theory in particular.
Author: A. C. Grayling
Publisher: OUP Oxford
ISBN: 0191540382
Category : Philosophy
Languages : en
Pages : 177
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Book Description
Ludwig Wittgenstein (1889-1951) was an extraordinarily original philospher, whose influence on twentieth-century thinking goes well beyond philosophy itself. In this book, which aims to make Wittgenstein's thought accessible to the general non-specialist reader, A. C. Grayling explains the nature and impact of Wittgenstein's views. He describes both his early and later philosophy, the differences and connections between them, and gives a fresh assessment of Wittgenstein's continuing influence on contemporary thought. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Author: Andrei Marmor
Publisher: Bloomsbury Publishing
ISBN: 1847310877
Category : Law
Languages : en
Pages : 190
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Book Description
This is a revised and extensively rewritten edition of one of the most influential monographs on legal philosophy published in recent years. Writing in the introduction to the first edition the author characterized Anglophone philosophers as being ..."divided, and often waver[ing] between two main philosophical objectives: the moral evaluation of law and legal institutions, and an account of its actual nature." Questions of methodology have therefore tended to be sidelined, but were bound to surface sooner or later, as they have in the later work of Ronald Dworkin. The main purpose of this book is to provide a critical assessment of Dworkin's methodological turn, away from analytical jurisprudence towards a theory of interpretation, and the issues it gives rise to. The author argues that the importance of Dworkin's interpretative turn is not that it provides a substitute for 'semantic theories of law' (a dubious concept), but that it provides a new conception of jurisprudence, aiming to present itself as a comprehensive rival to the conventionalism manifest in legal positivism. Furthermore, once the interpretative turn is regarded as an overall challenge to conventionalism, it is easier to see why it does not confine itself to a critique of method. Law as interpretation calls into question the main tenets of its positivist rival, in substance as well as method. The book re-examines conventionalism in the light of this interpretative challenge.
Author: Andrew Halpin
Publisher: Hart Publishing
ISBN: 1841130702
Category : Law
Languages : en
Pages : 211
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Book Description
This book attempts to demonstrate how the problems of understanding legal reasoning replicate difficulties encountered in the philosophy of language. At the same time, it challenges the attempts that have been made to harness approaches from within that discipline to illuminate legal reasoning. An introductory section deals with some preliminary matters in considering the nature of the relationship between legal theory and the practice of law, the scope of legal reasoning, and the role of the judge. Then the suggestion is made that the practice at the heart of legal reasoning is itself a manifestation of the way in which the limitations of language and the incompleteness of human experience at the same time provide the opportunity for coherent development, as well as displaying an inherent instability. The final section considers some of the implications of this suggestion for the practice of legal definition, an institutional approach to law, the general possibility of providing a theoretical model of law, and the nature of law's critical aperture.
Author: Raimo Siltala
Publisher: Springer Science & Business Media
ISBN: 9400718721
Category : Law
Languages : en
Pages : 296
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Book Description
This book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wróblewski ́s three ideologies (bound/free/legal and rational) and Makkonen ́s three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth serving as a reference, the frames of legal analysis include the isomorphic theory of law (Wittgenstein, Makkonen), the coherence theory of law (Alexy, Peczenik, Dworkin), the new rhetoric and legal argumentation theory (Perelman, Aarnio), social consequentialism (Posner), natural law theory (Fuller, Finnis), and the sequential model of legal reasoning by Neil MacCormick and the Bielefelder Kreis. At the end, some key issues of legal metaphysics are addressed, like the notion of legal systematics and the future potential of the analytical approach in jurisprudence.
Author: Dennis Patterson
Publisher: John Wiley & Sons
ISBN: 1444320122
Category : Law
Languages : en
Pages : 704
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Book Description
The articles in this new edition of A Companion to Philosophy ofLaw and Legal Theory have been updated throughout, and theaddition of ten new articles ensures that the volume continues tooffer the most up-to-date coverage of current thinking inlegal philosophy. Represents the definitive handbook of philosophy of law andcontemporary legal theory, invaluable to anyone with an interest inlegal philosophy Now features ten entirely new articles, covering the areas ofrisk, regulatory theory, methodology, overcriminalization,intention, coercion, unjust enrichment, the rule of law, law andsociety, and Kantian legal philosophy Essays are written by an international team of leadingscholars
Author:
Publisher: John Wiley & Sons
ISBN: 1118642163
Category : Philosophy
Languages : en
Pages : 166
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Book Description
By exploring the significance of Wittgenstein’s later texts relating to the philosophy of language, Wittgenstein’s Later Theory of Meaning offers insights that will transform our understanding of the influential 20th-century philosopher. Explores the significance of Wittgenstein’s later texts relating to the philosophy of language, and offers new insights that transform our understanding of the influential 20th-century philosopher Provides original interpretations of the systematic points about language in Wittgenstein’s later writings that reveal his theory of meaning Engages in close readings of a variety of Wittgenstein’s later texts to explore what the philosopher really had to say about ‘kinds of words’ and ‘parts of speech’ Frees Wittgenstein from his reputation as an unsystematic thinker with nothing to offer but ‘therapy’ for individual cases of philosophical confusion
Author: Oskari Kuusela
Publisher: Oxford University Press
ISBN: 0199287503
Category : Philosophy
Languages : en
Pages : 839
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Book Description
Since the middle of the 20th century Ludwig Wittgenstein has been an exceptionally influential and controversial figure wherever philosophy is studied. This is a comprehensive volume on Wittgenstein where 35 scholars explore the whole range of his thought, offering critical engagement and original interpretation.
Author: Sean Wilson
Publisher: Rowman & Littlefield
ISBN: 1498583601
Category : Political Science
Languages : en
Pages : 199
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Book Description
Ludwig Wittgenstein changed everything. To understand how, we need to understand what he did to the subject of critical reasoning. Wittgenstein didn’t leave us “philosophy”; he left a pathway for a more perspicuous intellect. This was caused by a psychological condition that made him meticulous and hypersensitive. He could abnormally perceive three natural phenomena: (a) the social traits implicated in word use; (b) the task-functions signified in communication; and (c) the pictures that flash before the mind’s eye. With this unique acuity, he showed us how post-analytic thinking was to occur. And this discovery changes everything. It revolutionizes how we must argue with one another and what we believe is “true.” Instead of focusing primarily upon premises or facts, we must point people to how their intellect behaves during a speech act—something called “therapy.” And this has radical implications for analysis, conceptual investigation, value judgments, political ideology, ethics and even religion. This book is both an explanation of, and a blueprint for, the new critical thinking. Written for both a lay and special audience, and for all fields of study, it shows what Wittgenstein invented and how it affects us all.
