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: 6328
DOWNLOAD NOW »
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.

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: 7216
DOWNLOAD NOW »
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.

Probleme der Philosophie

Probleme der Philosophie

  • Author: Bertrand Russell
  • Publisher: N.A
  • ISBN: 9783518102077
  • Category: Knowledge, Theory of
  • Page: 151
  • View: 3367
DOWNLOAD NOW »

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: 4841
DOWNLOAD NOW »
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.

Artistic License

Artistic License

The Philosophical Problems of Copyright and Appropriation

  • Author: Darren Hudson Hick
  • Publisher: University of Chicago Press
  • ISBN: 022646038X
  • Category: Philosophy
  • Page: 240
  • View: 5500
DOWNLOAD NOW »
The art scene today is one of appropriation—of remixing, reusing, and recombining the works of other artists. From the musical mash-ups of Girl Talk to the pop-culture borrowings of Damien Hirst and Jeff Koons, it’s clear that the artistic landscape is shifting—which leads to some tricky legal and philosophical questions. In this up-to-date, thorough, and accessible analysis of the right to copyright, Darren Hudson Hick works to reconcile the growing practice of artistic appropriation with innovative views of artists’ rights, both legal and moral. Engaging with long-standing debates about the nature of originality, authorship, and artists’ rights, Hick examines the philosophical challenges presented by the role of intellectual property in the artworld and vice versa. Using real-life examples of artists who have incorporated copyrighted works into their art, he explores issues of artistic creation and the nature of infringement as they are informed by analytical aesthetics and legal and critical theory. Ultimately, Artistic License provides a critical and systematic analysis of the key philosophical issues that underlie copyright policy, rethinking the relationship between artist, artwork, and the law.

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: 4581
DOWNLOAD NOW »
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.

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: 7977
DOWNLOAD NOW »
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: 5048
DOWNLOAD NOW »
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.

Regulating Toxic Substances

Regulating Toxic Substances

A Philosophy of Science and the Law

  • Author: Carl F. Cranor
  • Publisher: Oxford University Press on Demand
  • ISBN: 0195113780
  • Category: Technology & Engineering
  • Page: 252
  • View: 6053
DOWNLOAD NOW »
In this book, Carl Cranor utilizes material from ethics, philosophy of law, epidemiology, tort law, regulatory law, and risk assessment to argue that the evidentiary standards for science used in the law to control toxics ought to be evaluated with the purposes of the law in mind. Demanding too much for this purpose will slow the evaluation and lead to an excess of toxic substances left unidentified and unassessed, thus leaving the public at risk. Demanding too little may impose other costs. Analyzing this tension philosophically, Cranor argues for an appropriate balance between these social concerns. Although the use of somewhat less stringent evidentiary standards for expert testimony in tort law cases and the use of expedited procedures in the regulatory field might in some cases lead to mistakes of overcompensation or overregulation, the overall social costs would be less than the alternatives.

Problems at the Roots of Law

Problems at the Roots of Law

Essays in Legal and Political Theory

  • Author: Joel Feinberg
  • Publisher: Oxford University Press
  • ISBN: 9780198035329
  • Category: Law
  • Page: 232
  • View: 3187
DOWNLOAD NOW »
Feinberg is one of the leading philosophers of law of the last forty years. This volume collects recent articles, both published and unpublished, on what he terms "basic questions" about the law, particularly in regard to the relationship to morality. Accessibly and elegantly written, this volume's audience will reflect the diverse nature of Feinberg's own interests: scholars in philosophy of law, legal theory, and ethical and moral theory.

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: 8614
DOWNLOAD NOW »
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: 3248
DOWNLOAD NOW »
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: 976
DOWNLOAD NOW »
Proceedings of the fourth trans-disciplinary symposium on philosophy and medicine held at Galveston, Texas, May 16-18, 1976

Philosophy of Law

Philosophy of Law

An Introduction

  • Author: Mark Tebbit
  • Publisher: Routledge
  • ISBN: 131528099X
  • Category: Law
  • Page: 314
  • View: 7887
DOWNLOAD NOW »
Philosophy of Law: An Introduction provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, Mark Tebbit quickly leads readers into the heart of the philosophical questions that dominate philosophy of law today. He provides an exceptionally wide-ranging overview of the contending theories that have sought to resolve these problems. He does so without assuming prior knowledge either of philosophy or law on the part of the reader. The book is structured in three parts around the key issues and themes in philosophy of law: What is the law? – the major legal theories addressing the question of what we mean by law, including natural law, legal positivism and legal realism. The reach of the law – the various legal theories on the nature and extent of the law’s authority, with regard to obligation and civil disobedience, rights, liberty and privacy. Criminal law – responsibility and mens rea, intention, recklessness and murder, legal defences, insanity and philosophies of punishment. This new third edition has been thoroughly updated to include assessments of important developments in philosophy and law in the early years of the twenty-first century. Revisions include a more detailed analysis of natural law, new chapters on common law and the development of positivism, a reassessment of the Austin–Hart dispute in the light of recent criticism of Hart, a new chapter on the natural law–positivist controversy over Nazi law and legality, and new chapters on criminal law, extending the analysis of the dispute over the viability of the defences of necessity and duress.

Lawyers and Justice

Lawyers and Justice

An Ethical Study

  • Author: David Luban
  • Publisher: Princeton University Press
  • ISBN: 069118755X
  • Category: Philosophy
  • Page: N.A
  • View: 7871
DOWNLOAD NOW »
The law, Holmes said, is no brooding omnipresence in the sky. "If that is true," writes David Luban, "it is because we encounter the legal system in the form of flesh-and-blood human beings: the police if we are unlucky, but for the (marginally) luckier majority, the lawyers." For practical purposes, the lawyers are the law. In this comprehensive study of legal ethics, Luban examines the conflict between common morality and the lawyer's "role morality" under the adversary system and how this conflict becomes a social and political problem for a community. Using real examples and drawing extensively on case law, he develops a systematic philosophical treatment of the problem of role morality in legal practice. He then applies the argument to the problem of confidentiality, outlines an affordable system of legal services for the poor, and provides an in-depth philosophical treatment of ethical problems in public interest law.

The Philosophy of Law in Historical Perspective

The Philosophy of Law in Historical Perspective

  • Author: Carl Joachim Friedrich
  • Publisher: University of Chicago Press
  • ISBN: 9780226264660
  • Category: Political Science
  • Page: 296
  • View: 3165
DOWNLOAD NOW »
Mr. Friedrich develops his own position within the framework of the history of Western legal philosophy from the Old Testament down to contemporary writers. In addition, he highlights some important problems of the present day, including certain aspects of legal realism. First published in 1958, this book has been revised and enlarged.

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: 9093
DOWNLOAD NOW »
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: 4422
DOWNLOAD NOW »
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: 5951
DOWNLOAD NOW »
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

Philosophy of Law

Philosophy of Law

  • Author: Andrei Marmor
  • Publisher: Princeton University Press
  • ISBN: 9781400838707
  • Category: Philosophy
  • Page: 184
  • View: 6970
DOWNLOAD NOW »
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.