Philosophy of Law

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Author: Andrei Marmor

Publisher: Princeton University Press

ISBN: 9781400838707

Category: Philosophy

Page: 184

View: 3697

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.

New Essays on the Normativity of Law

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Author: Stefano Bertea,George Pavlakos

Publisher: Bloomsbury Publishing

ISBN: 1847316719

Category: Law

Page: 336

View: 4092

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

Space and Time

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Author: Tim Maudlin

Publisher: Princeton University Press

ISBN: 0691143099

Category: Philosophy

Page: 183

View: 3496

Introduces non-physicists to core philosophical issues surrounding the nature & structure of space & time, & is also an ideal resource for physicists interested in the conceptual foundations of space-time theory. Provides a broad historical overview, from Aristotle to Einstein, & covers the Twins Paradox, Galilean relativity, time travel, & more.

Philosophical Foundations of Language in the Law

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Author: Andrei Marmor,Scott Soames

Publisher: OUP Oxford

ISBN: 0191654752

Category: Law

Page: 288

View: 8056

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.

Philosophical Foundations of the Law of Torts

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Author: John Oberdiek

Publisher: Oxford University Press

ISBN: 0198701381

Category: Law

Page: 447

View: 5718

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.

The Language of Law

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Author: Andrei Marmor

Publisher: OUP Oxford

ISBN: 0191023957

Category: Law

Page: 200

View: 2080

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.

A Companion to Contemporary Political Philosophy

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Author: Thomas Pogge

Publisher: John Wiley & Sons

ISBN: 1444350870

Category: Philosophy

Page: 912

View: 9448

This new edition of A Companion to Contemporary Political Philosophy has been extended significantly to include 55 chapters across two volumes written by some of today's most distinguished scholars. New contributors include some of today’s most distinguished scholars, among them Thomas Pogge, Charles Beitz, and Michael Doyle Provides in-depth coverage of contemporary philosophical debate in all major related disciplines, such as economics, history, law, political science, international relations and sociology Presents analysis of key political ideologies, including new chapters on Cosmopolitanism and Fundamentalism Includes detailed discussions of major concepts in political philosophy, including virtue, power, human rights, and just war

A Companion to the Philosophy of Time

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Author: Adrian Bardon,Heather Dyke

Publisher: John Wiley & Sons

ISBN: 1118522052

Category: Philosophy

Page: 600

View: 2359

A Companion to the Philosophy of Time presents thebroadest treatment of this subject yet; 32 specially commissionedarticles - written by an international line-up of experts –provide an unparalleled reference work for students and specialistsalike in this exciting field. The most comprehensive reference work on the philosophy of timecurrently available The first collection to tackle the historical development ofthe philosophy of time in addition to covering contemporarywork Provides a tripartite approach in its organization, coveringhistory of the philosophy of time, time as a feature of thephysical world, and time as a feature of experience Includes contributions from both distinguished,well-established scholars and rising stars in the field

The Oxford Handbook of Contemporary Philosophy

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Author: Frank Jackson,Michael Smith

Publisher: Oxford University Press on Demand

ISBN: 9780199234769

Category: Law

Page: 904

View: 4273

A guide to today's most exciting research in academic philosophy with more than 30 distinguished scholars to contribute incisive and up-to-date critical surveys of the principal areas of research.

Philosophy of Biology

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Author: Peter Godfrey-Smith

Publisher: Princeton University Press

ISBN: 1400850444

Category: Science

Page: 200

View: 4391

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 Modern Medicine

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Author: K. Lee

Publisher: Springer

ISBN: 0230353258

Category: Science

Page: 233

View: 9049

An exploration of the philosophical foundation of modern medicine which explains why such a medicine possesses the characteristics it does and where precisely its strengths as well as its weaknesses lie. Written in plain English, it should be accessible to anyone who is intellectually curious, lay persons and medical professionals alike.

The Philosophical Foundations of Extraterritorial Punishment

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Author: Alejandro Chehtman

Publisher: Oxford University Press

ISBN: 0199603405

Category: Law

Page: 187

View: 3645

Originally presented as the author's thesis (Ph.D.)--London School of Economics, 2009 under the title: The morality of extraterritorial punishment.

Hobbes and the Law of Nature

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Author: Perez Zagorin

Publisher: Princeton University Press

ISBN: 0691139806

Category: History

Page: 177

View: 7416

Thomas Hobbes remains one of the most controversial of early modern philosophers, and debates persist about the interpretation of many of his ideas, particularly his views about natural law and natural right. This book argues that these two concepts are the twin foundations of the entire structure of Hobbes's moral and political thought.

The Ontological Foundation of Ethics, Politics, and Law

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Author: Francesco Belfiore

Publisher: University Press of America

ISBN: 0761860711

Category: Philosophy

Page: 530

View: 6712

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.

Montesquieu and the Philosophy of Natural Law

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Author: Mark H. Waddicor

Publisher: Springer Science & Business Media

ISBN: 9401032386

Category: Philosophy

Page: 228

View: 3495

In the last hundred years, the philosophy of natural law has suffered a fate that could hardly have been envisaged by the seventeenth and eighteenth century exponents of its universality and eternity: it has become old-fashioned. The positivists and the Marxists were happy to throw eternal moral ity out of the window, confident that some magic temporal harmony would eventually follow Progress in by the front door. Their hopes may not have been fully realized, but they did succeed in discrediting natural law. What is often not appreciated is the extent to which we have adopted the tenets of the philosophy they despised, borh in the field of politics, and in the field of personal and social ethics, which Barbeyrac called "la science des mreurs" and which the positivists re christened "social science". Consequently, though we live in a world whose freedom, such as it is, is largely a result of the popularization of the philosophy of natural law, and whose conscious and unconscious standards, such as they are, are a result of that philosophy as it became combined with Christianity, the doctrine of natural law is itself for gotten. In view of the oblivion into which it has fallen, natural law is a concept which means little to the average reader. All too often, Montesquieu scholars have traded on this oblivion in order to give an exaggerated picture of his originality.

Quantum Philosophy

Understanding and Interpreting Contemporary Science

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Author: Roland Omnès

Publisher: Princeton University Press

ISBN: 9780691095516

Category: Science

Page: 296

View: 1054

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.

Philosophy of Law

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Author: Joel Feinberg,Jules L. Coleman,Christopher Kutz

Publisher: Wadsworth Publishing Company

ISBN: 9781133942962

Category: Education

Page: 1039

View: 9670

This leading anthology contains essays and cases written by some of the most influential figures in legal philosophy, representing the major theoretical positions in the field. Its primary focus is to relate traditional themes of legal philosophy to the concerns of modern society in a way that invigorates the former and illuminates the latter. This classic text is distinguished by its clarity and accessibility, balance of topics, balance of positions on controversial questions, topical relevance, imaginative use of cases and stories, and the inclusion of only lightly edited or untouched legal classics. This revision is distinguished by its inclusion of new material on law and economics, international law, distributive justice, religion and freedom of expression, feminist legal theory, and critical race theory, as well as a greater emphasis on concrete legal problems.