analysis of dis agreement with particular reference to law and legal theory law and philosophy library

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Problems Of Normativity Rules And Rule Following

Author : Michał Araszkiewicz
ISBN : 9783319093758
Genre : Law
File Size : 37. 33 MB
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This book focuses on the problems of rules, rule-following and normativity as discussed within the areas of analytic philosophy, linguistics, logic and legal theory. Divided into four parts, the volume covers topics in general analytic philosophy, analytic legal theory, legal interpretation and argumentation, logic as well as AI& Law area of research. It discusses, inter alia, “Kripkenstein’s” sceptical argument against rule-following and normativity of meaning, the role of neuroscience in explaining the phenomenon of normativity, conventionalism in philosophy of law, normativity of rules of interpretation, some formal approaches towards rules and normativity as well as the problem of defeasibility of rules. The aim of the book is to provide an interdisciplinary approach to an inquiry into the questions concerning rules, rule-following and normativity.

Pragmatics And Law

Author : Francesca Poggi
ISBN : 9783319446011
Genre : Language Arts & Disciplines
File Size : 87. 56 MB
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This volume is the second part of a project which hosts an interdisciplinary discussion about the relationship among law and language, legal practice and ordinary conversation, legal philosophy and the linguistics sciences. An international group of authors, from cognitive science, philosophy of language and philosophy of law question about how legal theory and pragmatics can enrich each other. In particular, the first part is devoted to the analysis of how pragmatics can solve problems related to legal theory: What can pragmatics teach about the concept of law and its relationship with moral, and, in particular, about the eternal dispute between legal positivism and legal naturalism? What can pragmatics teach about the concept of law and/or legal disagreements? The second part is focused on legal adjudication: it aims to construct a pragmatic apparatus appropriate to legal trial and/or to test the tenure of the traditional pragmatics tools in the field. The authors face questions such as: Which interesting pragmatic features emerge from legal adjudication? What pragmatic theories are better suited to account for the practice of judgment or its particular aspects (such as the testimony or the binding force of legal precedents)? Which pragmatic and socio-linguistic problems are highlighted by this practice?

Objectivity In Law And Legal Reasoning

Author : Jaakko Husa
ISBN : 9781782250678
Genre : Law
File Size : 76. 62 MB
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Legal theorists consider their discipline as an objective endeavour in line with other fields of science. Objectivity in science is generally regarded as a fundamental condition, informing how science should be practised and how truths may be found. Objective scientists venture to uncover empirical truths about the world and ought to eliminate personal biases, prior commitments and emotional involvement. However, legal theorists are inevitably bound up with a given legal culture. Consequently, their scholarly work derives at least in part from this environment and their subtle interaction with it. This book questions critically, in novel ways and from various perspectives, the possibilities of objectivity of legal theory in the twenty-first century. It transpires that legal theory is unavoidably confronted with varying conceptions of law, underlying ideologies, approaches to legal method, argumentation and discourse etc, which limit the possibilities of 'objectivity' in law and in legal reasoning. The authors of this book reveal some of these underlying notions and discuss their consequences for legal theory.

The Philosophy Of Customary Law

Author : James Bernard Murphy
ISBN : 9780199370627
Genre : Law
File Size : 66. 75 MB
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This book attempts to bring greater theoretical clarity to the often murky topic of custom by showing that custom must be analysed into two more logically basic concepts: convention and habit. Customs are conventional habits and habitual conventions. Once we have a clearer understanding of custom we can better grasp the many roles that custom plays in a legal system.

Dis Agreement

Author : Jacques Rancière
ISBN : 0816628440
Genre : Political Science
File Size : 65. 28 MB
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"Is there any such thing as political philosophy?" So begins this provocative book by one of the foremost figures in Continental thought. Here, Jacques Ranciere brings a new and highly useful set of terms to the vexed debate about political effectiveness in the face of a new world order. What precisely is at stake in the relationship between "philosophy" and the adjective "political"? In Disagreement, Ranciere explores the apparent contradiction between these terms and reveals the uneasy meaning of their union in the phrase "political philosophy" -- a juncture related to age-old attempts in philosophy to answer Plato's devaluing of politics as a "democratic egalitarian" process. According to Ranciere, the phrase also expresses the paradox of politics itself: the absence of a proper foundation. Politics, he argues, begins when the "demos" (the "excessive" or unrepresented part of society) seeks to disrupt the order of domination and distribution of goods "naturalized" by police and legal institutions. In addition, the notion of "equality" operates as a game of contestation that constantly substitutes litigation for political action and community. This game, Ranciere maintains, operates by a primary logic of "misunderstanding". In turn, political philosophy has always tried to substitute the "politics of truth" for the politics of appearances. Disagreement investigates the various transformations of this regime of "truth" and their effects on practical politics. Ranciere then distinguishes what we mean by "democracy" from the practices of a consensual system in order to unravel the ramifications of the fashionable phrase "the end of politics". His conclusions will be of interest toreaders concerned with political questions from the broadest to the most specific and local.

Magna Carta

Author : Anonymous
ISBN : 9781909676510
Genre : History
File Size : 22. 98 MB
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The Magna Carta, issued in 1215 by King John. 'No free man shall be seized or imprisoned, or stripped of his rights or possessions ... except by the lawful judgement of his peers...To no one will we sell, to no one deny or delay right or justice.' Although not originally intended as a bill of rights, Magna Carta was used in these terms whenever people's liberties were challenged and is celebrated today as England's eary form of democracy. The continuing symbolic significance of Magna Carta was shown when the universal Declaration of Human Rights was presented to the United Nations in 1948 as a 'Magna Carta for the future'.

Leviathan

Author : Thomas Hobbes
ISBN : 9781541518421
Genre : Philosophy
File Size : 82. 24 MB
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During the upheaval of the English Civil War in the seventeenth century, political philosopher Thomas Hobbes composed his masterwork, Leviathan. It was first published in 1651, between the trial and execution of King Charles I and the creation of the Commonwealth of England under Oliver Cromwell. In his book, Hobbes argued that a strong and undivided central government was necessary to maintain societal order. By accepting the rule of a sovereign authority figure—which Hobbes called the "Leviathan" after the biblical sea monster—humans could avoid being ruled instead by self-interest and fear, and so escape humankind's natural state of war and violence. This is an unabridged version of Hobbes's most famous philosophical text, which established social contract theory and remained influential in political philosophy for centuries.

The Concept Of Rights

Author : George W. Rainbolt
ISBN : 140203976X
Genre : Law
File Size : 74. 92 MB
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What is it to have a right? This book defends an alternative to traditional views, the justified-constraint theory of rights. It also solves the puzzle of the relational nature of rights. It gives a systematic account of an important alternative to the best theories of rights in the literature.

Law Pragmatism And Democracy

Author : Richard A. Posner
ISBN : 0674042298
Genre : Law
File Size : 64. 28 MB
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Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense.

Humiliation Degradation Dehumanization

Author : Paulus Kaufmann
ISBN : 9048196612
Genre : Philosophy
File Size : 88. 12 MB
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Degradation, dehumanization, instrumentalization, humiliation, and nonrecognition – these concepts point to ways in which we understand human beings to be violated in their dignity. Violations of human dignity are brought about by concrete practices and conditions; some commonly acknowledged, such as torture and rape, and others more contested, such as poverty and exclusion. This volume collates reflections on such concepts and a range of practices, deepening our understanding of human dignity and its violation, bringing to the surface interrelationships and commonalities, and pointing to the values that are thereby shown to be in danger. In presenting a streamlined discussion from a negative perspective, complemented by conclusions for a positive account of human dignity, the book is at once a contribution to the body of literature on what dignity is and how it should be protected as well as constituting an alternative, fresh and focused perspective relevant to this significant recurring debate. As the concept of human dignity itself crosses disciplinary boundaries, this is mirrored in the unique range of perspectives brought by the book’s European and American contributors – in philosophy and ethics, law, human rights, literature, cultural studies and interdisciplinary research. This volume will be of interest to social and moral philosophers, legal and human rights theorists, practitioners and students.

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