Law, Morality, and Discursive Rationality PDF Download

Author: Aulis Aarnio
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 260

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Author: Stuart Toddington
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 248

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The isolation of law as a discipline has ensured that the theoretical preoccupations of legal scholars have remained insulated from the social sciences. But the concept of law and its relationship to morality is of crucial significance to social theory, and this impressive book examines some of the major sociological and jurisprudential writers on rationality and its relationship to action. Analysing the interdependency of philosophy, sociology and law, it shows that the central methodological problems of the social sciences require an objective morality for their resolution - a theory of Natural Law. Indeed, this challenging investigation illustrates that such a theory is available, and that a social science built upon these ethical foundations must serve as the basis of any rational legal praxis.

Author: Robert Alexy
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 352

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Book Description
"What is to be understood by 'rational legal argument'? To what extent can legal reasoning be rational? Is the demand for rationality in legal affairs justified? And what are the criteria of rationality in legal reasoning? The answer to these questions is not only of interest to legal theorists and philosophers of law. They are pressing issues for practicing lawyers, and a matter of concern for every citizen active in the public arena. Not only the standing of academic law as a scientific discipline, but also the legitimacy of judicial decisions depends on the possibility of rational legal argumentation. A theory of legal reasoning which tries to answer these questions pre-supposes a theory of general practical reasoning. This theory is the subject matter of the first two parts of the book. The result is a theory of general practical discourse which rests on insights of both Anglo-Saxon and German philosophy. It forms the basis of the theory of rational legal discourse, which is developed in the third part of this book"--Publisher's website.

Author: Eveline T. Feteris
Publisher: Springer
ISBN: 9402411291
Category : Philosophy
Languages : en
Pages : 371

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Book Description
This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, Artificial Intelligence and law, and the pragma-dialectical theory of legal argumentation. Furthermore it provides an extensive and systematic overview of approaches and studies of legal argumentation in the context of legal justification in various legal systems and countries that have been important for the development of research of legal argumentation. The book contains a discussion of influential theories that conceive the law and legal justification as argumentative activity. From different disciplinary and theoretical angles it addresses such topics as the institutional characteristics of the law and the relation between general standards for moral discussions and legal standards such as the Rule of Law. It discusses patterns of legal justification in the context of different types of problems in the application of the law and it describes rules for rational legal discussions. The combination of the sound basis of the first edition and the discussions of new developments make this new edition an up-to-date and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as major approaches and trends in the contemporary research. It surveys the relevant theoretical factors both from various continental law traditions and common law countries.

Author: Aleksander Peczenik
Publisher: Springer Science & Business Media
ISBN: 1402083815
Category : Law
Languages : en
Pages : 455

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'This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.’ These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the book’s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (‘defeasible’) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail.

Author: Jürgen Habermas
Publisher: John Wiley & Sons
ISBN: 0745692435
Category : Philosophy
Languages : en
Pages : 678

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This is Habermas's long awaited work on law, democracy and the modern constitutional state in which he develops his own account of the nature of law and democracy.

Author: International Association for Philosophy of Law and Social Philosophy. World Congress
Publisher: Franz Steiner Verlag
ISBN: 9783515085137
Category : Law
Languages : en
Pages : 188

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Book Description
Contents P. Capps: Positivism in Law and International Law D. von Daniels: Is Positivism a State Centered Theory? K. E. Himma: Legal Positivism's Conventionality Thesis and the Methodology of Conceptual Analysis R. Nunan: A Modest Rehabilitation of the Separability Thesis A. Oladosu: Choosing Legal Theory on Cultural Grounds: An African Case for Legal Positivism C. Orrego: Hart's Last Legal Positivism: Morality Might Be Objective; Legality Certainly is Not M. Pavcnik: Die (Un)Produktivitat der Positivistischen Jurisprudenz M. Haase: The Hegelianism in Kelsen's Pure Theory of Law S. Papaefthymiou: The House Kelsen Built U. J. Pak: Legal Practitioners' Need of Reflective Application of Legal Philosophy in Korea U. Schmill: Jurisprudence and the Concept of Revolution D. Venema: Judicial Discretion: a Necessary Evil? J. Baker: Rights, Obligations, and Duties, and the Intersection of Law, Conventions and Morals S. Bertea: Legal Systems' Claim to Normativity and the Concept of Law J. Dalberg-Larsen: On the Relevance of Habermas and Theories of Legal Pluralism for the Study of Environmental Law A. Philippopoulos-Mihalopoulos: A Connection of No-Connection in Luhmann and Derrida.

Author: Henrik Olsen
Publisher: Bloomsbury Publishing
ISBN: 1847313027
Category : Law
Languages : en
Pages : 172

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Book Description
What,precisely, is the relationship between legality and morality? Does legal validity rest upon moral validity? Are legal obligations moral obligations? For some years now schools of jurisprudential Naturalism and Positivism have become increasingly ambiguous in their responses to these questions. Olsen and Toddington argue that equivocation on the central issue here - that of obligation - has brought legal theory to the point where leading legal positivists and natural lawyers no longer retain significant differences. Instead, they allege, we are left with the remnants of what has always been, philosophically, a phoney war. The authors of this lucid and refreshing analysis of the concept of law, arguing from the perspectives of social science and political philosophy, show that jurisprudence must acknowledge that the political, the moral, and the legal are located within a continuum of practical reason, and that law's 'autonomy' from morality can not entail its 'separation' from it.

Author: Guido Pincione
Publisher: Cambridge University Press
ISBN: 0521862698
Category : Philosophy
Languages : en
Pages : 249

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Book Description
This book offers a comprehensive and sustained critique of theories of deliberative democracy.

Author: Terry Nardin
Publisher: Routledge
ISBN: 1317376420
Category : Political Science
Languages : en
Pages : 169

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Book Description
The word ‘rationality’ and its cognates, like ‘reason’, have multiple contexts and connotations. Rational calculation can be contrasted with rational interpretation. There is the rationality of proof and of persuasion, of tradition and of the criticism of tradition. Rationalism (and rationalists) can be reasonable or unreasonable. Reason is sometimes distinguished from revelation, superstition, convention, prejudice, emotion, and chance, but all of these also involve reasoning. In politics, three views of rationality – economic, moral, and historical – have been especially important, often defining approaches to politics and political theory such as utilitarianism and rational choice theory. These approaches privilege positive or natural law, responsibilities, or human rights, and emphasize the importance of culture and tradition, and therefore meaning and context. This book explores the understanding of rationality in politics and the relations between different approaches to rationality. Among the topics considered are the limits of rationality, the role of imagination and emotion in politics, the meaning of political realism, the nature of political judgment, and the relationship between theory and practice. This book was originally published as a special issue of Global Discourse.