Author: Mathieu Carpentier Publisher: John Wiley & Sons ISBN: 1789450748 Category : Philosophy Languages : en Pages : 388
Book Description
This book is devoted to the theory of legal theory, also referred to as the "meta-theory of law". The aim of this emerging discipline is to determine the objectives, aims and methods of legal theory, and to establish the conditions of possibility as well as the validity criteria for theoretical discourse on law. The contributions in this book provide an overview of these aspects through different perspectives and approaches. The very purpose of legal theory has been disputed and the subject area is currently subject to increasing cross-fertilization between different, and sometimes diverging, traditions. Meta-theory of Law assesses these emerging trends by questioning two basic objects of legal theory, the "nature" and the "science" of law.
Author: Mathieu Carpentier Publisher: John Wiley & Sons ISBN: 1394163681 Category : Philosophy Languages : en Pages : 388
Book Description
This book is devoted to the theory of legal theory, also referred to as the "meta-theory of law". The aim of this emerging discipline is to determine the objectives, aims and methods of legal theory, and to establish the conditions of possibility as well as the validity criteria for theoretical discourse on law. The contributions in this book provide an overview of these aspects through different perspectives and approaches. The very purpose of legal theory has been disputed and the subject area is currently subject to increasing cross-fertilization between different, and sometimes diverging, traditions. Meta-theory of Law assesses these emerging trends by questioning two basic objects of legal theory, the "nature" and the "science" of law.
Author: Donald Winslow Fiske Publisher: University of Chicago Press ISBN: 0226251926 Category : Social Science Languages : en Pages : 400
Book Description
What is the nature of the social sciences? What kinds of knowledge can they—and should they—hope to create? Are objective viewpoints possible and can universal laws be discovered? Questions like these have been asked with increasing urgency in recent years, as some philosophers and researchers have perceived a "crisis" in the social sciences. Metatheory in Social Science offers many provocative arguments and analyses of basic conceptual frameworks for the study of human behavior. These are offered primarily by practicing researchers and are related to problems in disciplines as diverse as sociology, psychology, psychiatry, anthropology, and philosophy of science. While various points of view are expressed in these nineteen essays, they have in common several themes, including the comparison of social and natural science, the role of knowledge in meeting the demands of society and its pressing problems, and the nature and role of subjectivity in science. Some authors hold that subjectivity cannot be studied scientifically; others argue that it can and must be if progress in knowledge is to be made. The essays demonstrate the philosophical pluralism they discuss and give a wide range of alternative positions on the future of the social and behavioral sciences in a postpositivist intellectual world.
Author: Roberto Mangabeira Unger Publisher: Cambridge University Press ISBN: 1107074061 Category : Science Languages : en Pages : 567
Book Description
Roberto Mangabeira Unger and Lee Smolin argue for a revolution in our cosmological ideas. Ideal for non-scientists, physicists and cosmologists.
Author: Alexandra Kemmerer Publisher: ISBN: Category : Languages : en Pages :
Book Description
A meta-theoretical approach to sources opens reflexive spaces, situates theories in time and space, and allows for a contextual interpretation of sources. In this paper, drawing on the hermeneutic philosophy of Hans-Georg Gadamer and the writings of his most perceptive readers in international law, I develop a concept of reflexive situatedness prompting a constructive contextualization of sources and their interpreters in our 'normative pluriverse' (D'Aspremont). Following the traces of international law's current 'turn to interpretation' and a reading of international law as a 'hermeneutical enterprise', my assessment of the limits and potentials of Gadamerian philosophical hermeneutics prepares the ground for an analysis of the writings of international lawyers who have developed theories of international legal interpretation inspired by his work -- and, in particular, for a closer look at the writings of Outi Korhonen, linking her concept of situationality to an emphasis on context(s) that engages with the rhetorical dimension of Gadamer's work. Gadamer's conversational hermeneutics opens new perspectives for a contextual theory and praxis of international legal interpretation that brings together various disciplinary perspectives and cultural experiences, and thereby allows for a more nuanced and dynamic understanding of sources and their interpreters within their respective interpretative communities.
Author: John T. Roberts Publisher: OUP Oxford ISBN: 0191565318 Category : Philosophy Languages : en Pages : 421
Book Description
John T. Roberts presents and defends a radically new theory of laws of nature, the Measurability Account. Though consistent with a Humean ontology, Roberts's theory differs sharply from the most influential Humean theory of laws, David Lewis's Best-System Analysis. Unlike other Humean theories, the Measurability Account affirms that there is an important sense in which the laws govern the universe, rather than simply describing it economically. Yet unlike non-Humean theories, it requires only minimal metaphysical commitments. In this way, it combines the advantages of Humean and non-Humean approaches to laws, while avoiding the pitfalls of each. At the heart of the Measurability Account are two new ideas: that lawhood is not a property of facts but rather a role that a proposition can play within a scientific theory, and that what is essential to laws is that they guarantee the reliability of methods of measuring natural quantities. On the basis of these ideas, Roberts argues that we can offer an informative and compelling explanation of why laws have the peculiar counterfactual resilience that sets them apart from accidental uniformities.
Author: Brian Burge-Hendrix Publisher: Routledge ISBN: 1351939378 Category : Law Languages : en Pages : 337
Book Description
Crossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political rights, such as those of Canada and the United States - as well as cases in constitutional adjudication. It shows the worth of careful reflection on methodological and meta-theoretical issues for a comprehensive account of a present-day legal system which is fast becoming the norm. The author explicitly connects the ongoing Methodology Debate within legal philosophy to constitutional adjudication and Canadian law. By drawing out the implications of the Methodology Debate and the challenge of giving a proper account of constitutional adjudication in a general theory of law, the study examines how a descriptive, morally and politically neutral legal theory can deal with epistemic uncertainty - uncertainty about the actual status of moral-political legal provisions and their jurisprudential function - in a thoroughgoing manner. It also demonstrates the merits of a minimalist version of Legal Positivism with regard to the practical importance of charters in charter systems and societies.
Author: Kasper Lippert-Rasmussen Publisher: John Wiley & Sons ISBN: 1118869125 Category : Philosophy Languages : en Pages : 664
Book Description
Applied philosophy has been a growing area of research for the last 40 years. Until now, however, almost all of this research has been centered around the field of ethics. A Companion to Applied Philosophy breaks new ground, demonstrating that all areasof philosophy, including epistemology, metaphysics, philosophy of science, and philosophy of mind, can be applied, and are relevant to questions of everyday life. This perennial topic in philosophy provides an overview of these various applied philosophy developments, highlighting similarities and differences between various areas of applied philosophy, and examining the very nature of this topic. It is an area to which many of the towering figures in the history of philosophy have contributed, and this timely Companion demonstrates how various historical contributions are actually contributions within applied philosophy, even if they are not traditionally seen as such. The Companion contains 42 essays covering major areas of philosophy; the articles themselves are all original contributions to the literature and represent the state of the art on this topic, as well as offering a map to the current debates.
Author: Erhard Oeser Publisher: Springer Science & Business Media ISBN: 9781402017841 Category : History Languages : en Pages : 260
Book Description
This work for the first time brings together case law and law based on norms. It offers the reader a survey and a new explanation of evolutionary emergence of social contracts and constitutions in the European history, and should help to build a bridge between 'two cultures', science and humanities. It is addressed to philosophers of law, historians of law, theorists of science and social scientists.
Author: Mathieu Carpentier
Author: Mathieu Carpentier
Author: Donald Winslow Fiske
Author: Roberto Mangabeira Unger
Author: Alexandra Kemmerer
Author: John T. Roberts
Author: Jonathan Crowe
Author: Brian Burge-Hendrix
Author: Kasper Lippert-Rasmussen
Author: Erhard Oeser