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Author: Stanley L. Paulson Publisher: Oxford University Press ISBN: 9780198763154 Category : Law Languages : en Pages : 820
Book Description
Using newly translated papers and some of the best extant writings on Kelsen's theory, this volume covers topics including competing ideas on the nature of law, legal validity, legal powers and the unity of municipal and international law.
Author: Stanley L. Paulson Publisher: Oxford University Press ISBN: 9780198763154 Category : Law Languages : en Pages : 820
Book Description
Using newly translated papers and some of the best extant writings on Kelsen's theory, this volume covers topics including competing ideas on the nature of law, legal validity, legal powers and the unity of municipal and international law.
Author: Sara Heinämaa Publisher: Routledge ISBN: 1000553930 Category : Philosophy Languages : en Pages : 295
Book Description
This volume investigates forms of normativity through the phenomenological methods of description, analysis, and interpretation. It takes a broad approach to norms, covering not only rules and commands but also goals, values, and passive drives and tendencies. Part I "Basic Perspectives" begins with an overview of the phenomena of normativity and then clarifies the constitution of norms by Husserlian and Heideggerian concepts. It offers phenomenological alternatives to the neo-Kantian and neo-Hegelian approaches that dominate contemporary debates on the "sources of normativity." Part II "From Perception to Imagination" turns to the normativity of three basic types of experiences. This part first sheds light on the normativity of perception and then illuminates the kind of normativity characteristic of imagination and drive intentionality. Part III "Social Dimensions" analyzes the norms that regulate the formation of practical communities. It takes a broad view of practical norms, discussing social and moral norms as well as the epistemic norms of scientific practices. By clarifying the divergences and interrelations between various types and levels of norms, the volume demonstrates that normativity is not one phenomenon but a complex set of various phenomena with multiple sources. Contemporary Phenomenologies of Normativity: Norms, Goals, and Values will be of interest to researchers and advanced students working on issues of normativity in phenomenology, epistemology, ethics, and social philosophy.
Author: Geoffrey Brennan Publisher: Oxford University Press, USA ISBN: 0199654689 Category : Philosophy Languages : en Pages : 301
Book Description
This book presents the concept of norms by four different philosophers. They discuss how norms emerge, persist, change, and how they serve to explain what we do.
Author: Konstantin Pollok Publisher: Cambridge University Press ISBN: 1107127807 Category : Philosophy Languages : en Pages : 343
Book Description
A milestone in Kant scholarship, this interpretation of his critical philosophy makes sense of his notorious 'synthetic judgments a priori'.
Author: Michał Araszkiewicz Publisher: Springer ISBN: 3319093754 Category : Law Languages : en Pages : 462
Book Description
This book focuses on the problems of rules, rule-following and normativity as discussed within the areas of analytic philosophy, linguistics, logic and legal theory. Divided into four parts, the volume covers topics in general analytic philosophy, analytic legal theory, legal interpretation and argumentation, logic as well as AI& Law area of research. It discusses, inter alia, “Kripkenstein’s” sceptical argument against rule-following and normativity of meaning, the role of neuroscience in explaining the phenomenon of normativity, conventionalism in philosophy of law, normativity of rules of interpretation, some formal approaches towards rules and normativity as well as the problem of defeasibility of rules. The aim of the book is to provide an interdisciplinary approach to an inquiry into the questions concerning rules, rule-following and normativity.
Author: Stephen P. Turner Publisher: Polity ISBN: 0745642551 Category : Philosophy Languages : en Pages : 241
Book Description
"Explaining the Normative is the first systematic, historically grounded critique of normativism. It identifies the standard normativist pattern of argument, and shows how this pattern depends on circularities, preferred descriptions, problematic transcendental arguments, and regress arguments ending in mysteries."--Jacket.
Author: Leslie Smith Publisher: Cambridge University Press ISBN: 1139458523 Category : Psychology Languages : en Pages : 247
Book Description
The distinction between norms and facts is long-standing in providing a challenge for psychology. Norms exist as directives, commands, rules, customs and ideals, playing a constitutive role in human action and thought. Norms lay down 'what has to be' (the necessary, possible or impossible) and 'what has to be done' (the obligatory, the permitted or the forbidden) and so go beyond the 'is' of causality. During two millennia, norms made an essential contribution to accounts of the mind, yet the twentieth century witnessed an abrupt change in the science of psychology where norms were typically either excluded altogether or reduced to causes. The central argument in this book is twofold. Firstly, the approach in twentieth-century psychology is flawed. Secondly, norms operating interdependently with causes can be investigated empirically and theoretically in cognition, culture and morality. Human development is a norm-laden process.
Author: Nicoletta Bersier Ladavac Publisher: Springer ISBN: 3030189295 Category : Law Languages : en Pages : 183
Book Description
This book explores the interrelation of facts and norms. How does law originate in the first place? What lies at the roots of this phenomenon? How is it preserved? And how does it come to an end? Questions like these led Georg Jellinek to speak of the “normative force of the factual” in the early 20th century, emphasizing the human tendency to infer rules from recurring events, and to perceive a certain practice not only as a fact but as a norm; a norm which not only allows us to distinguish regularity from irregularity, but at the same time, to treat deviances as transgressions. Today, Jellinek’s concept still provides astonishing insights on the dichotomy of “is” and “ought to be”, the emergence of the normative, the efficacy and the defeasibility of (legal) norms, and the distinct character of what legal theorists refer to as “normativity”. It leads us back to early legal history, it connects anthropology and legal theory, and it demonstrates the interdependence of law and the social sciences. In short: it invites us to fundamentally reassess the interrelation of facts and norms from various perspectives. The contributing authors to this volume have accepted that invitation.
Author: Allan Gibbard Publisher: Oxford University Press, USA ISBN: 9780198708025 Category : Language Arts & Disciplines Languages : en Pages : 324
Book Description
What does talk of meaning mean? All thinking consists in natural happenings in the brain. Talk of meaning though, has resisted interpretation in terms of anything that is clearly natural, such as linguistic dispositions. This, Kripke's Wittgenstein suggests, is because the concept of meaning is normative, on the 'ought' side of Hume's divide between is and ought. Allan Gibbard's previous books Wise Choices, Apt Feelings and Thinking How to Live treated normative discourse as a natural phenomenon, but not as describing the world naturalistically. His theory is a form of expressivism for normative concepts, holding, roughly, that normative statements express states of planning. This new book integrates his expressivism for normative language with a theory of how the meaning of meaning could be normative. The result applies to itself: metaethics expands to address key topics in the philosophy of language, topics which in turn include core parts of metaethics. An upshot is to lessen the contrast between expressivism and nonnaturalism: in their strongest forms, the two converge in all their theses. Still, they differ in the explanations they give. Nonnaturalists' explanations mystify, whereas expressivists render normative thinking intelligible as something to expect from beings like us, complexly social products of natural selection who talk with each other.
Author: Christoph Möllers Publisher: ISBN: 0198827393 Category : Law Languages : en Pages : 337
Book Description
The Possibility of Norms examines what defines social norms. Norms are not mere justifications or causal explanations of what we do, but point towards the possibility of divergent states of the world. Möllers's eye-opening analysis develops a new conceptual framework for social norms, from law and religion to the social and political sphere.
Author: Stanley L. Paulson
Author: Stanley L. Paulson
Author: Sara Heinämaa
Author: Geoffrey Brennan
Author: Konstantin Pollok
Author: Michał Araszkiewicz
Author: Stephen P. Turner
Author: Leslie Smith
Author: Nicoletta Bersier Ladavac
Author: Allan Gibbard
Author: Christoph Möllers