Author: Scott Veitch
Publisher:
ISBN:
Category : Law and ethics
Languages : en
Pages :

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Book Description

Author: Scott Veitch
Publisher:
ISBN:
Category : Law and ethics
Languages : en
Pages : 0

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Book Description

Author: Scott Veitch
Publisher: Hart Publishing
ISBN:
Category : Law
Languages : en
Pages : 232

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Book Description
Veitch (law, U. of Glasgow, Scotland) questions whether the theory and practices of liberal legalism adequately address moral conflict, offering a detailed analysis of the recent work of Alasdair MacIntyre in moral theory, as well as Richard Rorty and Isaiah Berlin. He then critiques recent theoretical developments for failing to live up to the aspirations of agonistic liberal theory. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR

Author: Samuel J. Stoljar
Publisher: Springer
ISBN: 1349050954
Category : Philosophy
Languages : en
Pages : 180

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Book Description

Author: Albert W. Musschenga
Publisher: Routledge
ISBN: 1351906348
Category : Philosophy
Languages : en
Pages : 285

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Book Description
Legal and moral reasoning share much methodology, and they address similar problems. This volume charts two shared problems: the relation between theory, principles and particular judgments; and the role of facts and factual assertions in normative settings. The relation between 'theory' and 'practice' and between 'principle' and 'particular judgment' has become the subject of much debate in moral philosophy. In the ongoing debate, some moral philosophers refer to legal philosophy for a support of their views on the primacy of 'practice' over 'theory'. According to them, legal philosophy should have a more balanced view in that relation. In the contributions to Part One this claim is critically analysed. The role of the facts is underestimated in discussions on legal reasoning and legal theory, as well as moral reasoning and ethical theory. Factual statements enter into moral and legal discussions not only because they link the conclusion with a rule. They also play a role as background assumptions in supporting a theory. Its focus on the role of facts in normative reasoning makes this book of special interest to scholars of legal and moral argumentation.

Author: Samuel Jacob Stoljar
Publisher:
ISBN:
Category : Law and ethics
Languages : en
Pages : 172

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Book Description

Author: Scott Brewer
Publisher: Taylor & Francis
ISBN: 9780815326571
Category : Judicial process
Languages : en
Pages : 404

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Book Description

Author: Peter A. Alces
Publisher: University of Chicago Press
ISBN: 022651353X
Category : Law
Languages : en
Pages : 392

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Book Description
"New insights offered by neuroscience have provoked discussions of the nature of human agency and responsibility. Alces draws on neuroscience to explore the internal contradictions of legal doctrines, and consider what would be involved in constructing novel legal regimes based on emerging understandings of human capacities and characteristics not only in criminal law but in contract and tort law."--Provided by publisher.

Author: Ch. Perelman
Publisher: Springer Science & Business Media
ISBN: 9400990103
Category : Philosophy
Languages : en
Pages : 199

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Book Description
This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument (Routledge & Kegan Paul, London, 1963). The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P.

Author: Cass R. Sunstein
Publisher: Oxford University Press
ISBN: 0190864443
Category : Law
Languages : en
Pages : 273

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Book Description
In Legal Reasoning and Political Conflict, Cass R. Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Professor Sunstein closely analyzes the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. He states that judges purposely limit the scope of their decisions to avoid reopening large-scale controversies, calling such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning, he takes issue with advocates of comprehensive theories and systemization, from Robert Bork to Jeremy Bentham, and Ronald Dworkin. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. Legal reasoning can seem impenetrable, mysterious, baroque. Legal Reasoning and Political Conflict helps dissolve the mystery. Whether discussing abortion, homosexuality, or free speech, the meaning of the Constitution, or the spell cast by the Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: to the legislatures elected by the people. In this Second Edition, the author updates the previous edition bringing the book into the current mainstream of twenty-first century legal reasoning and judicial decision-making focusing on the many relevant contemporary issues and developments that occurred since its initial 1996 publication.