Author: Roscoe PoundPublisher:
ISBN:
Category : Law
Languages : en
Pages : 126
Book Description
Mechanical Jurisprudence ...
Mechanical Choices
Author: Michael S. MoorePublisher:
ISBN: 0190863994
Category : Law
Languages : en
Pages : 613
Book Description
"This book assays how the remarkable discoveries of contemporary neuroscience impact upon our conception of ourselves and our responsibility for our choices and our actions. Dramatic (and indeed revolutionary) changes in how we think of ourselves as agents and as persons are commonly taken to be the implications of those discoveries of neuroscience. Indeed, the very notions of responsibility and of deserved punishment are thought to be threatened by these discoveries. Such threats are collected into four groupings: (1) the threat from determinism, that neurosciences shoes us that all of our choices and actions are caused by events in the brain that precede choice; (2) the threat from epiphenomenalism, that our choices are shown by experiment not to cause the actions that are the objects of such choice but are rather mere epiphenomena, co-effects of common causes in the brain; (3) the threat from reductionist mechanism, that we and everything we value is nothing but a bunch of two-valued switches going off in our brains; and (4) the threat from fallibilism, (5) that we are not masters in our own house because we lack the privileged knowledge of our own minds needed to be such masters. The book seeks to blunt such radical challenges while nonetheless detailing how law, morality, and common-sense psychology can harness the insights of an advancing neuroscience to more accurately assign moral blame and legal punishment to the truly deserving"--
Beyond the Formalist-Realist Divide
Author: Brian Z. TamanahaPublisher: Princeton University Press
ISBN: 1400831989
Category : Law
Languages : en
Pages : 265
Book Description
According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.
The Scope and Purpose of Sociological Jurisprudence
Author: Roscoe PoundPublisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 92
Book Description
The Jurisprudence of Law's Form and Substance
Author: Robert S. SummersPublisher: Routledge
ISBN: 1351792083
Category : Law
Languages : en
Pages : 540
Book Description
This title was first published in 2000: Robert S. Summers is a distinguished legal theorist whose work has had significant influence in Europe as well as the United States. The study of form and substance in law, the theme of this collection, marks many of his most distinctive contributions to law and legal philosophy over four decades.
In Germany To-day
Author: Neutral (Writer)Publisher:
ISBN:
Category : Germany
Languages : en
Pages : 148
Book Description
The New Mechanical Philosophy
Author: Stuart GlennanPublisher: Oxford University Press
ISBN: 0198779712
Category : Philosophy
Languages : en
Pages : 279
Book Description
This volume argues for a new image of science that understands both natural and social phenomena to be the product of mechanisms, casting the work of science as an effort to understand those mechanisms. Glennan offers an account of the nature of mechanisms and of the models used to represent them in physical, life, and social sciences.
The Common Law Tradition
Author: Karl N. LlewellynPublisher: Quid Pro Books
ISBN: 1610273001
Category : Law
Languages : en
Pages : 554
Book Description
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