philosophy of law princeton foundations of contemporary philosophy

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Philosophy Of Law

Author : Andrei Marmor
ISBN : 9780691163963
Genre : Philosophy
File Size : 55. 78 MB
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In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal domain can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law.

Philosophical Foundations Of Language In The Law

Author : Andrei Marmor
ISBN : 9780191654756
Genre : Law
File Size : 49. 35 MB
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This collection brings together the best contemporary philosophical work in the area of intersection between philosophy of language and the law. Some of the contributors are philosophers of language who are interested in applying advances in philosophy of language to legal issues, and some of the participants are philosophers of law who are interested in applying insights and theories from philosophy of language to their work on the nature of law and legal interpretation. By making this body of recent work available in a single volume, readers will gain both a general overview of the various interactions between language and law, and also detailed analyses of particular areas in which this interaction is manifest. The contributions to this volume are grouped under three main general areas: The first area concerns a critical assessment, in light of recent advances in philosophy of language, of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, such as the various ways in which semantic content can differ from law's assertive content; the contribution of presuppositions and pragmatic implicatures in understanding what the law conveys; the role of vagueness in legal language, for example. The third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems, such as the legal definitions of inchoate crimes, the legal definition of torture, or the contractual doctrines concerning default rules. Together, these three key issues cover a wide range of philosophical interests in law that can be elucidated by a better understanding of language and linguistic communication.

New Essays On The Normativity Of Law

Author : Stefano Bertea
ISBN : 9781847316714
Genre : Law
File Size : 20. 65 MB
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An important part of the legal domain has to do with rule-governed conduct, and is expressed by the use of notions such as norm, obligation, duty and right. These require us to acknowledge the normative dimension of law. Normativity is, accordingly, to be regarded as a central feature of law lying at the heart of any comprehensive legal-theoretical project. The essays collected in this book are meant to further our understanding of the normativity of law. More specifically, the book stages a thorough discussion of legal normativity as approached from three strands of legal thought that are particularly influential and which play a key role in shaping debates on the normative dimension of law: the theory of planning agency, legal conventionalism and the constitutivist approach. While the essays presented here do not aspire to give an exhaustive picture of these debates - an aspiration that would be, by its very nature, unrealistic - they do provide the reader with some authoritative statements of some widely discussed families of views of legal normativity. In pursuing this objective, these essays also encourage a dialogue between different traditions of study of legal normativity, stimulating those who would not otherwise look outside their tradition of thought to engage with new ideas and, ultimately, to arrive at a more comprehensive account of the normativity of law.

Philosophy Of Physics

Author : Tim Maudlin
ISBN : 9781400842339
Genre : Science
File Size : 64. 93 MB
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This concise book introduces nonphysicists to the core philosophical issues surrounding the nature and structure of space and time, and is also an ideal resource for physicists interested in the conceptual foundations of space-time theory. Tim Maudlin's broad historical overview examines Aristotelian and Newtonian accounts of space and time, and traces how Galileo's conceptions of relativity and space-time led to Einstein's special and general theories of relativity. Maudlin explains special relativity with enough detail to solve concrete physical problems while presenting general relativity in more qualitative terms. Additional topics include the Twins Paradox, the physical aspects of the Lorentz-FitzGerald contraction, the constancy of the speed of light, time travel, the direction of time, and more. Introduces nonphysicists to the philosophical foundations of space-time theory Provides a broad historical overview, from Aristotle to Einstein Explains special relativity geometrically, emphasizing the intrinsic structure of space-time Covers the Twins Paradox, Galilean relativity, time travel, and more Requires only basic algebra and no formal knowledge of physics

Philosophical Foundations Of The Law Of Torts

Author : John Oberdiek
ISBN : 9780198701385
Genre : Law
File Size : 51. 52 MB
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This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.

Philosophy Of Biology

Author : Peter Godfrey-Smith
ISBN : 9780691174679
Genre : Science
File Size : 82. 32 MB
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This is a concise, comprehensive, and accessible introduction to the philosophy of biology written by a leading authority on the subject. Geared to philosophers, biologists, and students of both, the book provides sophisticated and innovative coverage of the central topics and many of the latest developments in the field. Emphasizing connections between biological theories and other areas of philosophy, and carefully explaining both philosophical and biological terms, Peter Godfrey-Smith discusses the relation between philosophy and science; examines the role of laws, mechanistic explanation, and idealized models in biological theories; describes evolution by natural selection; and assesses attempts to extend Darwin's mechanism to explain changes in ideas, culture, and other phenomena. Further topics include functions and teleology, individuality and organisms, species, the tree of life, and human nature. The book closes with detailed, cutting-edge treatments of the evolution of cooperation, of information in biology, and of the role of communication in living systems at all scales. Authoritative and up-to-date, this is an essential guide for anyone interested in the important philosophical issues raised by the biological sciences.

The Philosophical Foundations Of Extraterritorial Punishment

Author : Alejandro Chehtman
ISBN : 9780199603404
Genre : Law
File Size : 31. 18 MB
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Originally presented as the author's thesis (Ph.D.)--London School of Economics, 2009 under the title: The morality of extraterritorial punishment.

The Language Of Law

Author : Andrei Marmor
ISBN : 9780191023958
Genre : Law
File Size : 72. 54 MB
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The close connection between philosophy of language and philosophy of law has been recognized for decades through the work of many influential legal philosophers. This volume brings recent advances in philosophy of language to bear on contemporary debates about the nature of law and legal interpretation. The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in complex and large-scale systems such as law. Chapters build on explanations of key elements of statutory language, such as the distinction between what is said and what is implicated, the possibility of ascribing truth-values to legal prescriptions and the structure of legal inferences, the various forms of vagueness in the law, the distinctions between vagueness, ambiguity, and polysemy in legal language, and the distinction between concept and conceptions, mostly in the context of constitutional interpretation. The book demonstrates that paying close attention to the kind of speech acts legal directives are, and how they determine the content of the law, enables a better understanding of the boundaries between normative and linguistic determinants of legal content.

Quantum Philosophy

Author : Roland Omnès
ISBN : 0691095515
Genre : Science
File Size : 21. 77 MB
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In this magisterial work, Roland Omnès takes us from the academies of ancient Greece to the laboratories of modern science as he seeks to do no less than rebuild the foundations of the philosophy of knowledge. One of the world's leading quantum physicists, Omnès reviews the history and recent development of mathematics, logic, and the physical sciences to show that current work in quantum theory offers new answers to questions that have puzzled philosophers for centuries: Is the world ultimately intelligible? Are all events caused? Do objects have definitive locations? Omnès addresses these profound questions with vigorous arguments and clear, colorful writing, aiming not just to advance scholarship but to enlighten readers with no background in science or philosophy. The book opens with an insightful and sweeping account of the main developments in science and the philosophy of knowledge from the pre-Socratic era to the nineteenth century. Omnès then traces the emergence in modern thought of a fracture between our intuitive, commonsense views of the world and the abstract and--for most people--incomprehensible world portrayed by advanced physics, math, and logic. He argues that the fracture appeared because the insights of Einstein and Bohr, the logical advances of Frege, Russell, and Gödel, and the necessary mathematics of infinity of Cantor and Hilbert cannot be fully expressed by words or images only. Quantum mechanics played an important role in this development, as it seemed to undermine intuitive notions of intelligibility, locality, and causality. However, Omnès argues that common sense and quantum mechanics are not as incompatible as many have thought. In fact, he makes the provocative argument that the "consistent-histories" approach to quantum mechanics, developed over the past fifteen years, places common sense (slightly reappraised and circumscribed) on a firm scientific and philosophical footing for the first time. In doing so, it provides what philosophers have sought through the ages: a sure foundation for human knowledge. Quantum Philosophy is a profound work of contemporary science and philosophy and an eloquent history of the long struggle to understand the nature of the world and of knowledge itself.

The Ontological Foundation Of Ethics Politics And Law

Author : Francesco Belfiore
ISBN : 9780761860716
Genre : Philosophy
File Size : 59. 54 MB
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In this revised edition, Belfiore adds new concepts and discusses the views of additional thinkers. He gives an ontological foundation to ethics, politics, and law and shows how his thought can reinterpret the views of other philosophers regarding these topics.

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