Law: Metaphysics, Meaning, and Objectivity PDF Download

Author:
Publisher: BRILL
ISBN: 9401205655
Category : Law
Languages : en
Pages : 315

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Book Description
Papers in philosophy of law by some of the younger cutting-edge contributors to the field. Two sets of issues of crucial current importance are taken up. The first part deals with issues of meaning and objectivity in the metaphysics of law. The second part is about rights theory. This volume will be required reading for anyone interested in philosophy of law, and also of use for those with broader interests in ethics, metaethics, and social and political philosophy.

Author: Nicos Stavropoulos
Publisher: Oxford University Press
ISBN: 9780198258995
Category : Law
Languages : en
Pages : 238

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Book Description
This treatise addresses a central topic in contemporary jurisprudence, namely whether it is possible for legal interpretations to be objective. The author claims that objectivity is possible in law, offering arguments based on metaphysics, philosophy and meta-ethics to reinforce his theory.

Author: Villa-Rosas, Gonzalo
Publisher: Edward Elgar Publishing
ISBN: 180392263X
Category : Law
Languages : en
Pages : 313

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Book Description
This thought-provoking book explores the multifaceted phenomenon of objectivity and its relations to various aspects of jurisprudence, legal interpretation and practical reasoning. Featuring contributions from an international group of researchers from differing legal contexts, it addresses topics relevant not only from a theoretical point of view but also themes directly connected with legal and judicial practice.

Author: Kent Greenawalt
Publisher: Oxford University Press
ISBN: 0195356926
Category : Philosophy
Languages : en
Pages : 301

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Book Description
In modern times the idea of the objectivity of law has been undermined by skepticism about legal institutions, disbelief in ideals of unbiased evaluation, and a conviction that language is indeterminate. Greenawalt here considers the validity of such skepticism, examining such questions as: whether the law as it exists provides determinate answers to legal problems; whether the law should treat people in an "objective way," according to abstract rules, general categories, and external consequences; and how far the law is anchored in something external to itself, such as social morality, political justice, or economic efficiency. In the process he illuminates the development of jurisprudence in the English-speaking world over the last fifty years, assessing the contributions of many important movements.

Author: Andrei Marmor
Publisher: Oxford University Press
ISBN: 9780198268970
Category : Law
Languages : en
Pages : 212

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Book Description
This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is. On the basis of a theory of socialconventions and an analysis of law's authoritative nature, the book sets out the scope of law in relation to moral and other critical values. The book also maintains, however, that moral values are objective. It comprises a detailed analysis of the concept of objectivity, arguing that many aspectsof the law, and of moral values, are metaphysically objective.

Author: Matthew Kramer
Publisher: Cambridge University Press
ISBN: 1139463969
Category : Philosophy
Languages : en
Pages : 233

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Book Description
What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number of distinct though overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted.

Author: Louis O. Kattsoff
Publisher: Springer
ISBN: 9401192820
Category : Philosophy
Languages : en
Pages : 268

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Book Description
This book is not merely about metaphysics; it is an essay in metaphysics. Furthermore, it is written in the firm conviction that metaphysics is possible and meaningful metaphysical statements can and should be made. However, I felt it necessary to approach the perennial problems of metaphysics through the avenues of linguistic analysis. I have tried not only to infiltrate the position of the linguists but to show that a fifth column already existed there. Yet the objections to metaphysics needed to be met or at least some indication of how they could be met had to be shown. It is never enough to demonstrate that objections are un founded - some positive indications of a possible metaphysics had to be offered. This book, as a consequence, tries also to draw at least in broad outline, a metaphysical position that seems to me to be well-founded. In the present state of philoso phy in the United States especially, this is sufficient reason for publishing another book in philosophy. I want to express my appreciation to a number of people. To my colleagues at North Carolina I am grateful for stimulating criticisms that often helped me see my way through to solutions. To Professors B. Blanshard (Yale University), and Ledger Wood (Princeton University), I am grateful for reading the manuscript.

Author: Geert Keil
Publisher: Oxford University Press
ISBN: 0198782888
Category : Law
Languages : en
Pages : 353

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Book Description
Vague expressions are omnipresent in natural language. As such, their use in legal texts is virtually inevitable. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and places judges in the position to decide impartially. Vagueness poses a threat to these ideals. In borderline cases, the law seems to be indeterminate and thus incapable of serving its core rule of law value. In the philosophy of language, vagueness has become one of the hottest topics of the last two decades. Linguists and philosophers have investigated what distinguishes "soritical" vagueness from other kinds of linguistic indeterminacy, such as ambiguity, generality, open texture, and family resemblance concepts. There is a vast literature that discusses the logical, semantic, pragmatic, and epistemic aspects of these phenomena. Legal theory has hitherto paid little attention to the differences between the various kinds of linguistic indeterminacy that are grouped under the heading of "vagueness", let alone to the various theories that try to account for these phenomena. Bringing together leading scholars working on the topic of vagueness in philosophy and in law, this book fosters a dialogue between philosophers and legal scholars by examining how philosophers conceive vagueness in law from their theoretical perspective and how legal theorists make use of philosophical theories of vagueness. The chapters of the book are organized into three parts. The first part addresses the import of different theories of vagueness for the law, referring to a wide range of theories from supervaluationist to contextualist and semantic realist accounts in order to address the question of whether the law can learn from engaging with philosophical discussions of vagueness. The second part of the book examines different vagueness phenomena. The contributions in part 2 suggest that the greater awareness to different vagueness phenomena can make lawyers aware of specific issues and solutions so far overlooked. The third part deals with the pragmatic aspects of vagueness in law, providing answers to the question of how to deal with vagueness in law and with the professional, political, moral, and ethical issues such vagueness gives rise to.

Author: Jean-François Kervégan
Publisher: University of Chicago Press
ISBN: 022602394X
Category : Philosophy
Languages : en
Pages : 419

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Book Description
One of Hegel’s most controversial and confounding claims is that “the real is rational and the rational is real.” In this book, one of the world’s leading scholars of Hegel, Jean-François Kervégan, offers a thorough analysis and explanation of that claim, along the way delivering a compelling account of modern social, political, and ethical life. ?Kervégan begins with Hegel’s term “objective spirit,” the public manifestation of our deepest commitments, the binding norms that shape our existence as subjects and agents. He examines objective spirit in three realms: the notion of right, the theory of society, and the state. In conversation with Tocqueville and other theorists of democracy, whether in the Anglophone world or in Europe, Kervégan shows how Hegel—often associated with grand metaphysical ideas—actually had a specific conception of civil society and the state. In Hegel’s view, public institutions represent the fulfillment of deep subjective needs—and in that sense, demonstrate that the real is the rational, because what surrounds us is the product of our collective mindedness. This groundbreaking analysis will guide the study of Hegel and nineteenth-century political thought for years to come.

Author: Rudolf Haller
Publisher: Rodopi
ISBN: 9042026049
Category : Language Arts & Disciplines
Languages : en
Pages : 338

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Book Description
Inhaltsverzeichnis / Table of Contents Abhandlungen / Articles Maria van der Schaar: Locke on Knowledge and the Cognitive Act Walter Hopp: Husserl, Dummett, and the Linguistic Turn Thor Grünbaum: Anscombe and Practical Knowledge of What Is Happening Julius Schälike: Moralische Verantwortung, Freiheit und Kausalität