Heuristics, Ethics and Epistemology of Law PDF Download

Author: Tomasz Bekrycht
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Author: Aaron Zimmerman
Publisher: Routledge
ISBN: 1317516753
Category : Philosophy
Languages : en
Pages : 664

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The Routledge Handbook of Moral Epistemology brings together philosophers, cognitive scientists, developmental and evolutionary psychologists, animal ethologists, intellectual historians, and educators to provide the most comprehensive analysis of the prospects for moral knowledge ever assembled in print. The book’s thirty chapters feature leading experts describing the nature of moral thought, its evolution, childhood development, and neurological realization. Various forms of moral skepticism are addressed along with the historical development of ideals of moral knowledge and their role in law, education, legal policy, and other areas of social life. Highlights include: • Analyses of moral cognition and moral learning by leading cognitive scientists • Accounts of the normative practices of animals by expert animal ethologists • An overview of the evolution of cooperation by preeminent evolutionary psychologists • Sophisticated treatments of moral skepticism, relativism, moral uncertainty, and know-how by renowned philosophers • Scholarly accounts of the development of Western moral thinking by eminent intellectual historians • Careful analyses of the role played by conceptions of moral knowledge in political liberation movements, religious institutions, criminal law, secondary education, and professional codes of ethics articulated by cutting-edge social and moral philosophers.

Author: P.J. Nerhot
Publisher: Springer Science & Business Media
ISBN: 9401132607
Category : Philosophy
Languages : en
Pages : 266

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3 of law as an object that has always already been there, systematic and com plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this referent, the law presented as a full discourses, runs through all of the contributions, this is because reasoning by analogy has to be found its specific place within this legal culture. It is the place to locate the problem of "lacunae" in law, which at bottom allows our various contributions to be classified. With Zaccaria and Maris, the question of lacunae is accepted as such (this is, we might say, the "traditionalist" aspect of these two articles, which is counterbalanced by - keeping to the same terminology - "modernist" emphases, sometimes Dworkinian in nature), and becomes the backdrop for considerations of purely hermeneutic type, in Zaccaria, ex tended in Maris to the field of ethics. The papers from Lenoble and Jackson, the former philosophical and the latter semiological, take as their main tar get this legal knowledge where the theory of lacunae finds its place.

Author: Gary P. Bagnall
Publisher: Routledge
ISBN: 1351922785
Category : Law
Languages : en
Pages : 196

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Law as Art presents a radical new legal theory, the Law as Art Hypothesis, which conceives law, not as a system of rules, but as a distinctive kind of art work. Law is differentiated as art by the Law as Compound Artistic Type Hypothesis, which uses the heuristic metaphor of the Operatic Music Drama, the most elementally complex compound art form, to develop an idea of legal art as a distinctive empowered text, supported by the arts of drama, painting, sculpture, dress-design, architecture, rhetoric and communication to form an elementally developed yet integrated unitary art work. Part I develops a new realist epistemology to support a contemporary action-type ontology of art, differentiated as art by virtue of its artistic value. Part II opens with a critical review of the arts in legal theory, before detailing the Law as Art and Law as Compound Artistic Type Hypothesis and locating them within contemporary scholarship. Legal philosophical implications are considered and there is an acronym key and glossary, bibliography and index.

Author: Geoffrey Samuel
Publisher: Routledge
ISBN: 1351939343
Category : Philosophy
Languages : en
Pages : 263

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This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis the book examines, generally, the question of what it is to have knowledge of law; and this examination embraces not just the conceptual foundations, methods, taxonomy and theories used by jurists. It also examines the epistemological schemes used by social scientists in general in order to show that such schemes are closely related to the schemes of intelligibility used by lawyers and judges.

Author: Roscoe Pound
Publisher:
ISBN:
Category : Ethics
Languages : en
Pages : 172

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Author: Gerd Gigerenzer
Publisher: MIT Press
ISBN: 0262072750
Category : Law
Languages : en
Pages : 502

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Experts in law, psychology, and economics explore the power of "fast and frugal" heuristics in the creation and implementation of law In recent decades, the economists' concept of rational choice has dominated legal reasoning. And yet, in practical terms, neither the lawbreakers the law addresses nor officers of the law behave as the hyperrational beings postulated by rational choice. Critics of rational choice and believers in "fast and frugal heuristics" propose another approach: using certain formulations or general principles (heuristics) to help navigate in an environment that is not a well-ordered setting with an occasional disturbance, as described in the language of rational choice, but instead is fundamentally uncertain or characterized by an unmanageable degree of complexity. This is the intuition behind behavioral law and economics. In Heuristics and the Law, experts in law, psychology, and economics explore the conceptual and practical power of the heuristics approach in law. They discuss legal theory; modeling and predicting the problems the law purports to solve; the process of making law, in the legislature or in the courtroom; the application of existing law in the courts, particularly regarding the law of evidence; and implementation of the law and the impact of law on behavior. Contributors Ronald J. Allen, Hal R. Arkes, Peter Ayton, Susanne Baer, Martin Beckenkamp, Robert Cooter, Leda Cosmides, Mandeep K. Dhami, Robert C. Ellickson, Christoph Engel, Richard A. Epstein, Wolfgang Fikentscher, Axel Flessner, Robert H. Frank, Bruno S. Frey, Gerd Gigerenzer, Paul W. Glimcher, Daniel G. Goldstein, Chris Guthrie, Jonathan Haidt, Reid Hastie, Ralph Hertwig, Eric J. Johnson, Jonathan J. Koehler, Russell Korobkin, Stephanie Kurzenhäuser, Douglas A. Kysar, Donald C. Langevoort, Richard Lempert, Stefan Magen, Callia Piperides, Jeffrey J. Rachlinski, Clara Sattler de Sousa e Brito, Joachim Schulz, Victoria A. Shaffer, Indra Spiecker genannt Döhmann, John Tooby, Gerhard Wagner, Elke U. Weber, Bernd Wittenbrink

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

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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: David Lyons
Publisher: Cambridge University Press
ISBN: 9780521277129
Category : Law
Languages : en
Pages : 244

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This clear and systematic introduction to the philosophy of law attempts to answer some important questions about the nature of law and its relationship to social norms and moral standards.

Author: Miranda Fricker
Publisher: Clarendon Press
ISBN: 0191519308
Category : Philosophy
Languages : en
Pages : 198

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In this exploration of new territory between ethics and epistemology, Miranda Fricker argues that there is a distinctively epistemic type of injustice, in which someone is wronged specifically in their capacity as a knower. Justice is one of the oldest and most central themes in philosophy, but in order to reveal the ethical dimension of our epistemic practices the focus must shift to injustice. Fricker adjusts the philosophical lens so that we see through to the negative space that is epistemic injustice. The book explores two different types of epistemic injustice, each driven by a form of prejudice, and from this exploration comes a positive account of two corrective ethical-intellectual virtues. The characterization of these phenomena casts light on many issues, such as social power, prejudice, virtue, and the genealogy of knowledge, and it proposes a virtue epistemological account of testimony. In this ground-breaking book, the entanglements of reason and social power are traced in a new way, to reveal the different forms of epistemic injustice and their place in the broad pattern of social injustice.