Search Results for "philosophical-problems-in-the-law"

Philosophical Problems in the Law

Philosophical Problems in the Law

  • Author: David M. Adams
  • Publisher: Wadsworth Publishing Company
  • ISBN: 9781133049999
  • Category: Education
  • Page: 742
  • View: 8997
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PHILOSOPHICAL PROBLEMS IN THE LAW is the perfect introduction to the philosophy of law. This collection of articles and cases helps you consider philosophical problems associated with the law through examples, case studies, and decision scenarios. Case examples and recent decisions such as Boumediene v. Bush (rights of Guantanamo detainees) and Brown v. Entertainment Merchants Association (freedom of expression and violent video games) coupled with new readings help you see the real-world relevance of what you are learning.

Philosophy, Law and the Family

Philosophy, Law and the Family

A New Introduction to the Philosophy of Law

  • Author: Laurence D. Houlgate
  • Publisher: Springer
  • ISBN: 3319511211
  • Category: Law
  • Page: 283
  • View: 5436
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This textbook uses cases in family law to illustrate both traditional philosophical problems in the law as well as problems that are unique to family law. In the beginning chapters family law cases are employed to introduce the reader to philosophical debates about the relationship between law and morals, about how one ought to interpret the U.S. Constitution and its amendments, about the conditions under which individual liberty is justifiably limited by law, about the justification of punishment, and about the justification of remedies and standards of care in determining negligence in tort cases. Later chapters are devoted to contemporary issues unique to family law, including justifiable limits of access to marriage, alternatives to marriage, the rights of children, child custody disputes involving surrogate births, quasi-property disputes involving custody of frozen embryos, and the justifiable limits of the right not to procreate. The book reflects current movements, contemporary debates, and recent research on the philosophical problems in family law.

The Law in Philosophical Perspectives

The Law in Philosophical Perspectives

My Philosophy of Law

  • Author: Luc J. Wintgens
  • Publisher: Springer Science & Business Media
  • ISBN: 9401593175
  • Category: Philosophy
  • Page: 274
  • View: 9981
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In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.

Kazimierz Opałek Selected Papers in Legal Philosophy

Kazimierz Opałek Selected Papers in Legal Philosophy

  • Author: Jan Wolenski
  • Publisher: Springer Science & Business Media
  • ISBN: 9401592578
  • Category: Philosophy
  • Page: 344
  • View: 9141
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Philosophical aspects of law and jurisprudence are investigated from various points of view. This collection represents the analytic approach to legal philosophy. However, this approach is not extreme in the sense that it is limited exclusively to linguistic matters. The concept of norm as a directive of conduct is the central category analyzed in particular essays. The structure of directives as well as their semantic and pragmatic roles are studied. Pragmatic functions of directives are linked with their functioning as speech acts. Moreover, existence and validity of norms are analyzed. The author also touches on general methodological problems of legal theory and philosophy, particularly their relations to social sciences. The collection covers material interesting for philosophers, lawyers and social scientists.

The Philosophy of International Law

The Philosophy of International Law

  • Author: Samantha Besson,John Tasioulas
  • Publisher: OUP Oxford
  • ISBN: 0191613533
  • Category: Philosophy
  • Page: 632
  • View: 6842
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International law has recently emerged as the subject-matter of an exciting new field of philosophical investigation. The Philosophy of International Law contains 29 cutting-edge essays by leading philosophers and international lawyers, all published here in English for the first time, that address the central philosophical questions about international law. The volume's overarching theme is the moral and political values that should guide the assessment and development of international law and institutions. Some of the essays tackle general topics such as the sources and legitimacy of international law, the nature of international legal adjudication, whether international law can or should aspire to be 'democratic', and the significance of state sovereignty. The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, international criminal law, international environmental law, and the laws of war. This volume is the most up-to-date and comprehensive treatment of the philosophy of international law in existence. It is also distinguished by its 'dialogical' methodology: there are two essays on each topic, with the second author engaging with the arguments of the first. It is an invaluable resource for anyone seeking a deeper understanding of the nature and value of international law.

Readings in the Philosophy of Law

Readings in the Philosophy of Law

  • Author: John Arthur,William H. Shaw
  • Publisher: Pearson College Division
  • ISBN: N.A
  • Category: Law
  • Page: 668
  • View: 7828
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This anthology of classical and contemporary philosophical and legal essays and legal cases focuses on legal philosophy as its own subject--rather than as an outgrowth of social or political philosophy or applied ethics. The essays focus on how law is organized and the particular philosophical issues that law raises-- and gives readers the opportunity to think through actual debates—many of them still live in the courts. Provides short introductions and thought-provoking questions for each selection. The Practice of Law. The Rule of Law. The Moral Force of Law. Elements of Legal Reasoning. Natural Law and Legal Positivism: Classical Perspectives. Formalism and Legal Realism. The Contemporary Debate: Hart v. Dworkin. Law and Economics. Critical Legal Theory and Feminist Jurisprudence. Punishment: Theory and Practice. Problems of Criminal Liability. The Rights of Defendants. Compensating for Private Harms: The Law of Torts. Private Ownership: The Law of Property. Private Agreements: the Law of Contract. Constitutional Government and the Problem of Interpretation. Freedom of Religion, Speech and Privacy. Equality and the Constitution. For anyone interested in the law.

Readings in the Philosophy of Law

Readings in the Philosophy of Law

  • Author: Jules L. Coleman
  • Publisher: Routledge
  • ISBN: 1135710570
  • Category: Philosophy
  • Page: 686
  • View: 1401
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An extraordinary collection of the finest essays in the core areas of legal philosophy, Readings in Philosophy of Law is a perfect introduction to the breadth of issues covered in the philosophy of law. The essays are all classic papers chosen as much for their clarity of thought and comprehensiveness as for their distinctiveness and importance to the subject matters of legal philosophy. This collection is ideal for the professional as well as the student, as it brings together classic essays that are not otherwise available in one volume. The reader sees each author's thoughts and arguments unfold naturally within the context of other important works. For breadth of contributions and intellectual rigor, Readings in Philosophy of Law is unrivalled.

Law, Justice and the State: Problems in law

Law, Justice and the State: Problems in law

  • Author: International Association for Philosophy of Law and Social Philosophy. World Congress,Arend Soeteman
  • Publisher: Franz Steiner Verlag
  • ISBN: 9783515066792
  • Category: Social Science
  • Page: 196
  • View: 8438
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Proceedings of the 16th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR), Reykjavík, 26 May-2 June, 1993.

Mental Health: Philosophical Perspectives

Mental Health: Philosophical Perspectives

  • Author: Trans-Disciplinary Symposium on Philosophy and Medicine (4, 1976, Galveston, Tex.)
  • Publisher: Springer Science & Business Media
  • ISBN: 9789027708281
  • Category: Medical
  • Page: 302
  • View: 8247
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Proceedings of the fourth trans-disciplinary symposium on philosophy and medicine held at Galveston, Texas, May 16-18, 1976

Encyclopedia of Medieval Philosophy

Encyclopedia of Medieval Philosophy

Philosophy Between 500 and 1500

  • Author: Henrik Lagerlund
  • Publisher: Springer Science & Business Media
  • ISBN: 140209728X
  • Category: History
  • Page: 1422
  • View: 4429
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This is the first reference ever devoted to medieval philosophy. It covers all areas of the field from 500-1500 including philosophers, philosophies, key terms and concepts. It also provides analyses of particular theories plus cultural and social contexts.

Law, Ideology and Punishment

Law, Ideology and Punishment

Retrieval and Critique of the Liberal Ideal of Criminal Justice

  • Author: A.W. Norrie
  • Publisher: Springer Science & Business Media
  • ISBN: 9400906994
  • Category: Philosophy
  • Page: 244
  • View: 8576
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This book is about 'Kantianism' in both a narrow and a broad sense. In the former, it is about the tracing of the development of the retributive philosophy of punishment into and beyond its classical phase in the work of a number of philosophers, one of the most prominent of whom is Kant. In the latter, it is an exploration of the many instantiations of the 'Kantian' ideas of individual guilt, responsibility and justice within the substantive criminal law . On their face, such discussions may owe more or less explicitly to Kant, but, in their basic intellectual structure, they share a recognisably common commitment to certain ideas emerging from the liberal Enlightenment and embodied within a theory of criminal justice and punishment which is in this broader sense 'Kantian'. The work has its roots in the emergence in the 1970s and early 1980s in the United States and Britain of the 'justice model' of penal reform, a development that was as interesting in terms of the sociology of philosophical knowledge as it was in its own right. Only a few years earlier, I had been taught in undergraduate criminology (which appeared at the time to be the only discipline to have anything interesting to say about crime and punishment) that 'classical criminology' (that is, Beccaria and the other Enlightenment reformers, who had been colonised as a 'school' within criminology) had died a major death in the 19th century, from which there was no hope of resuscitation.

The Pursuit of Philosophy

The Pursuit of Philosophy

Some Cambridge Perspectives

  • Author: Alexis Papazoglou
  • Publisher: John Wiley & Sons
  • ISBN: 1118295234
  • Category: Philosophy
  • Page: 184
  • View: 2010
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Eleven Cambridge academics approach philosophy from various fields,to broaden its practical and theoretical applications. Guides a tour through various academicdepartments—including history, political science, classics,law, and English—to ferret out the philosophy in theirsyllabi, and to show philosophy’s symbiotic relationship withother fields Provides a map of what philosophy is considered to be atCambridge in the early twenty-first century, about a hundred yearsafter the “founding fathers” of analytic philosophyreigned at Cambridge Offers useful new directions for the study and application ofphilosophy, and how other fields can influence them

Critical Issues in American Psychiatry and the Law

Critical Issues in American Psychiatry and the Law

  • Author: Richard Rosner
  • Publisher: Springer Science & Business Media
  • ISBN: 1468449281
  • Category: Medical
  • Page: 307
  • View: 8018
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As President of the American Academy of Psychiatry and the Law (AAPL), it is a pleasure to write this foreword. Dr. Richard Rosner deserves full credit for helping AAPL pursue its educational goals by publishing a series of books. Consumerism and the civil rights movement have dramatically changed the practice of American psychiatry over the last 2 decades. Extensive legal regulation now makes it necessary for both general and forensic psychiatrists to keep abreast of changing laws. The contents of Volume II of Critical Issues in American Psychiatry and the Law demonstrate Dr. Rosner's gift for selecting and editing important theoretical and practical articles. This volume addresses a broad range of forensic issues. The pen dulum-like swings of laws regarding civil commitment and insanity are clearly illuminated by Dr. Quen's contribution, "Violence, Psychiatry, and the Law." A review of historical psychiatric testimony supporting insanity defenses on the bases of homicidal mania, moral insanity, and phrenological evidence should make modern forensic psychiatrists hum ble. However, some of our colleagues continue to testify that defendants were unable to refrain from criminal conduct because of CT evidence of schizophrenia, pathological gambling, or the effects of junk food. Excellent theoretical discussions are presented by Dr. Macklin ("A Philosophical Perspective on Ethics and Forensic Psychiatry") and Mr. Hughes ("Legal Aspects of Predicting Dangerousness"). These chapters present thorough, up-to-date, scholarly analyses of complex issues from the vantage point of non psychiatrists.

Philosophical Foundations of Language in the Law

Philosophical Foundations of Language in the Law

  • Author: Andrei Marmor,Scott Soames
  • Publisher: OUP Oxford
  • ISBN: 0191654752
  • Category: Law
  • Page: 288
  • View: 5416
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This collection brings together the best contemporary philosophical work in the area of intersection between philosophy of language and the law. Some of the contributors are philosophers of language who are interested in applying advances in philosophy of language to legal issues, and some of the participants are philosophers of law who are interested in applying insights and theories from philosophy of language to their work on the nature of law and legal interpretation. By making this body of recent work available in a single volume, readers will gain both a general overview of the various interactions between language and law, and also detailed analyses of particular areas in which this interaction is manifest. The contributions to this volume are grouped under three main general areas: The first area concerns a critical assessment, in light of recent advances in philosophy of language, of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, such as the various ways in which semantic content can differ from law's assertive content; the contribution of presuppositions and pragmatic implicatures in understanding what the law conveys; the role of vagueness in legal language, for example. The third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems, such as the legal definitions of inchoate crimes, the legal definition of torture, or the contractual doctrines concerning default rules. Together, these three key issues cover a wide range of philosophical interests in law that can be elucidated by a better understanding of language and linguistic communication.

Hart's Legal Philosophy

Hart's Legal Philosophy

An Examination

  • Author: M.E. Bayles
  • Publisher: Springer Science & Business Media
  • ISBN: 9401580863
  • Category: Philosophy
  • Page: 318
  • View: 3720
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During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work available to an international audience, but it also encourages increased aware ness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowned scholars. Legal philosophy should not be considered a narrowly circumscribed field. Insights into law and legal institutions can come from diverse disciplines on a wide range of topics. Among the relevant disciplines or perspectives contributing to legal philosophy, besides law and philosophy, are anthropol ogy, economics, political science, and sociology. Among the topics included in legal philosophy are theories of law; the concepts of law and legal institu tions; legal reasoning and adjudication; epistemological issues of evidence and procedure; law and justice, economics, politics, or morality; legal ethics; and theories of legal fields such as criminal law, contracts, and property.

Religious Truth and Religious Diversity

Religious Truth and Religious Diversity

  • Author: Nathan S. Hilberg
  • Publisher: Peter Lang
  • ISBN: 9781433103353
  • Category: Religion
  • Page: 172
  • View: 3231
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Interpreting religion poses a dilemma: realist interpretations of religion face the philosophical problem of religious diversity and irrealist interpretations of religion are revisionary. The author explores the implications of this dilemma and also clarifies the confusions caused by two abiding problems: those stemming from, first, the concern over which religious beliefs are true rather than attending to what it means for a belief to be true, and, second, the failure to acknowledge two fundamentally different forms of religious irrealism, anti-realism and non-realism. Providing critical assessment of the relevant works of John Hick, William Alston, Alvin Plantinga, Peter van Inwagen, and Ludwig Wittgenstein and his followers, this book is appropriate for upper-level undergraduate and graduate courses in philosophy of religion and religious theory.

Law, Liberty, and the Rule of Law

Law, Liberty, and the Rule of Law

  • Author: Imer B. Flores,Kenneth E. Himma
  • Publisher: Springer Science & Business Media
  • ISBN: 9400747438
  • Category: Philosophy
  • Page: 190
  • View: 3850
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In recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it’s ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It discusses in detail the proper scope and limitations of adjudication and legislation, including the challenges not only of limiting legislative and executive power via judicial review but also of restraining active judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in maintaining a balance of power. It also addresses the relationship not only between the rule of law, human rights and separation of powers but also the rule of law, constitutionalism and democracy.

Contemporary Issues in International Environmental Law

Contemporary Issues in International Environmental Law

  • Author: M. Fitzmaurice
  • Publisher: Edward Elgar Publishing
  • ISBN: 1848447310
  • Category: Law
  • Page: 246
  • View: 4229
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. . . Highly recommended as a key contribution to the literature. It fulfils its title in being contemporaneous, but more than that it also provides a subtle critique of how many international environmental lawyers have approached their subject. . . this book will be an essential read for anyone interested in the subject. British Yearbook of International Law This book presents an interesting, scholarly read. . . an invaluable reference asset, to law students, researchers, policy makers and non-state actors with interest in environmental regulation and governance. Priscilla Schwartz, Journal of Environmental Law This is a thoughtful and well-researched study of current issues in international environmental law. Malgosia Fitzmaurice s collection of essays is a welcome addition to the literature in this rapidly developing area of the law: it provides perspective on the environmental law issues discussed, but always against the background of the broader concepts and principles of general international law. James Crawford, University of Cambridge, UK The central aim of this insightful book is to illuminate how many concepts in international environmental law such as the precautionary principle and sustainable development are taken for granted. These problematic issues are very much still evolving and subject to heated debate between scholars as well as between states. The author explores these controversies viewing them as a positive development within a field that is in a constant state of flux. Areas discussed include the convergence of human rights with environmental issues and the quest for the human right to a clean environment. The book also clearly demonstrates that international environmental law cannot be analysed in isolation since it greatly influences the development of general international law. Taking full account of the most recent decisions of international courts and tribunals as well as the most up-to-date scholarly analysis, Contemporary Issues in International Environmental Law is a timely and important resource for legal scholars, under- and post-graduates and practitioners alike.

Philosophy of Law

Philosophy of Law

  • Author: Andrei Marmor
  • Publisher: Princeton University Press
  • ISBN: 9781400838707
  • Category: Philosophy
  • Page: 184
  • View: 9857
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In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal domain can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law.

The Concept of Scientific Law in the Philosophy of Science and Epistemology

The Concept of Scientific Law in the Philosophy of Science and Epistemology

A Study of Theoretical Reason

  • Author: Igor Hanzel
  • Publisher: Springer Science & Business Media
  • ISBN: 9401732655
  • Category: Science
  • Page: 230
  • View: 6047
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The author argues that a reconstruction of scientific laws should give an account of laws relating phenomena to underlying mechanisms generating them, as well as of laws relating this mechanism to its inherent capacities. While contemporary philosophy of science deals only with the former, the author provides the concept for the reconstruction of scientific laws, where the knowledge of the phenomena enables one to grasp the quantity of their cause. He then provides the concepts for scientific laws dealing with the relation of the quantity and quality of the cause underlying phenomena to the quality and quantity of its capacities. Finally, he provides concepts for scientific laws expressing how a certain cause, due to the quantity and quality of its capacities, generates the quantitative and qualitative determinations of its manifestations. The book is intended for philosophers of science and philosophers of social science, as well as for natural and social scientists.