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: 1260
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Topically organized, the articles and cases in Adams's text situate law-related philosophical questions within concrete, timely, and controversial contexts. This edition features new sections on international law, same-sex marriage, and more.

Philosophical Problems in the Law

Philosophical Problems in the Law

  • Author: David M. Adams
  • Publisher: Wadsworth Publishing Company
  • ISBN: 9780534584283
  • Category: Philosophy
  • Page: 626
  • View: 7159
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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 Pledge of allegiance case, Freedom of expression on the Internet, Supreme Court rulings on affirmative action, "Three-Strikes laws," and the death penalty help you see the real world relevance of what you are learning.

Philosophical Problems in the Law

Philosophical Problems in the Law

  • Author: David M. Adams
  • Publisher: Wadsworth Publishing Company
  • ISBN: 9780534256326
  • Category: Law
  • Page: 588
  • View: 5936
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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 Pledge of allegiance case, Freedom of expression on the Internet, Supreme Court rulings on affirmative action, "Three-Strikes laws," and the death penalty 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: 6873
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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.

Philosophy, Law and the Family

Philosophy, Law and the Family

A New Introduction to the Philosophy of Law

  • Author: Laurence Houlgate
  • Publisher: Springer
  • ISBN: 3319511211
  • Category: Philosophy
  • Page: 285
  • View: 9107
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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.

Punishment and Responsibility

Punishment and Responsibility

Essays in the Philosophy of Law

  • Author: H. L. A. Hart
  • Publisher: OUP Oxford
  • ISBN: 0191021776
  • Category: Law
  • Page: 336
  • View: 6565
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This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.

Philosophy of Law

Philosophy of Law

An Introduction

  • Author: Mark Tebbit
  • Publisher: Routledge
  • ISBN: 131528099X
  • Category: Law
  • Page: 314
  • View: 5303
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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.

Laws, Mind, and Free Will

Laws, Mind, and Free Will

  • Author: Steven Horst
  • Publisher: MIT Press
  • ISBN: 0262294796
  • Category: Philosophy
  • Page: 296
  • View: 1965
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In Laws, Mind, and Free Will, Steven Horst addresses the apparent dissonance between the picture of the natural world that arises from the sciences and our understanding of ourselves as agents who think and act. If the mind and the world are entirely governed by natural laws, there seems to be no room left for free will to operate. Moreover, although the laws of physical science are clear and verifiable, the sciences of the mind seem to yield only rough generalizations rather than universal laws of nature. Horst argues that these two familiar problems in philosophy -- the apparent tension between free will and natural law and the absence of "strict" laws in the sciences of the mind -- are artifacts of a particular philosophical thesis about the nature of laws: that laws make claims about how objects actually behave.Horst argues against this Empiricist orthodoxy and proposes an alternative account of laws -- an account rooted in a cognitivist approach to philosophy of science. Horst argues that once we abandon the Empiricist misunderstandings of the nature of laws there is no contrast between "strict" laws and generalizations about the mind ("ceteris paribus" laws, laws hedged by the caveat "other things being equal"), and that a commitment to laws is compatible with a commitment to the existence of free will. Horst's alternative account, which he calls "cognitive Pluralism," vindicates the truth of psychological laws and resolves the tension between human freedom and the sciences.

Philosophical Foundations of Language in the Law

Philosophical Foundations of Language in the Law

  • Author: Andrei Marmor,Scott Soames
  • Publisher: Oxford University Press
  • ISBN: 0199572380
  • Category: Law
  • Page: 272
  • View: 3676
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This collection brings together the best contemporary work in the area of philosophy of language and the law. The first area concerns a critical assessment 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, the third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems.

The Problems of Philosophy

The Problems of Philosophy

  • Author: Bertrand Russell
  • Publisher: Courier Corporation
  • ISBN: 048612116X
  • Category: Philosophy
  • Page: 128
  • View: 1023
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Accessible, thought-provoking study by Nobel Prize-winner considers distinction between appearance and reality, existence and nature of matter, idealism, inductive logic, intuitive knowledge, many other stimulating subjects.

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: 8645
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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 Routledge Companion to Philosophy of Law

The Routledge Companion to Philosophy of Law

  • Author: Andrei Marmor
  • Publisher: Routledge
  • ISBN: 0415878187
  • Category: Law
  • Page: 630
  • View: 5522
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The Routledge Companion to the Philosophy of Law provides a comprehensive, non-technical philosophical treatment of the fundamental questions about the nature of law. Its coverage includes law's relation to morality and the moral obligations to obey the law, the main philosophical debates about particular legal areas such as criminal responsibility, property, contracts, family law, law and justice in the international domain, legal paternalism and the rule of law. The entirely new content has been written specifically for newcomers to the field, making the volume particularly useful for undergraduate and graduate courses in philosophy of law and related areas. All 39 chapters, written by the world's leading researchers and edited by an internationally distinguished scholar, bring a focused, philosophical perspective to their subjects. The Routledge Companion to the Philosophy of Law promises to be a valuable and much consulted student resource for many years.

Legality

Legality

  • Author: Scott J. Shapiro
  • Publisher: Harvard University Press
  • ISBN: 0674058917
  • Category: Law
  • Page: 488
  • View: 1606
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Legality is a profound work in analytical jurisprudence, the branch of legal philosophy which deals with metaphysical questions about the law. In the twentieth century, there have been two major approaches to the nature of law. The first and most prominent is legal positivism, which draws a sharp distinction between law as it is and law as it might be or ought to be. The second are theories that view law as embedded in a moral framework. Scott Shapiro is a positivist, but one who tries to bridge the differences between the two approaches. In Legality, he shows how law can be thought of as a set of plans to achieve complex human goals. His new “planning” theory of law is a way to solve the “possibility problem”, which is the problem of how law can be authoritative without referring to higher laws.

Ethics for Disaster

Ethics for Disaster

  • Author: Naomi Zack
  • Publisher: Rowman & Littlefield Publishers
  • ISBN: 0742564959
  • Category: Philosophy
  • Page: 143
  • View: 7062
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Ethics for Disaster addresses the moral aspects of the aftermath of natural disasters such as hurricanes, earthquakes, and tornadoes. The book explores how these catastrophes illuminate the existing inequalities in society, combining a unique philosophical approach with new moral thinking. Zack stresses the obligation of both individuals and government in preparing for and responding to dangerous times, forcefully arguing for the preservation of normal moral principles even in times of crisis and national emergency.

The Laws of Belief

The Laws of Belief

Ranking Theory and Its Philosophical Applications

  • Author: Wolfgang Spohn
  • Publisher: Oxford University Press
  • ISBN: 0199697507
  • Category: Philosophy
  • Page: 598
  • View: 4007
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Wolfgang Spohn presents the first full account of the dynamic laws of belief, by means of ranking theory, a relative of probability theory which he has pioneered since the 1980s. He offers novel insights into the nature of laws, the theory of causation, inductive reasoning and its experiential base, and a priori principles of reason.

Natural Law and Natural Rights

Natural Law and Natural Rights

  • Author: John Finnis
  • Publisher: OUP Oxford
  • ISBN: 0191021547
  • Category: Law
  • Page: 512
  • View: 2139
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First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal contribution to the philosophy of law, and an authoritative restatement of natural law doctrine. It has offered generations of students and other readers a thorough grounding in the central issues of legal, moral, and political philosophy from Finnis's distinctive perspective. This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to develop and refine the original theory. The book closely integrates the philosophy of law with ethics, social theory and political philosophy. The author develops a sustained and substantive argument; it is not a review of other people's arguments but makes frequent illustrative and critical reference to classical, modern, and contemporary writers in ethics, social and political theory, and jurisprudence. The preliminary First Part reviews a century of analytical jurisprudence to illustrate the dependence of every descriptive social science upon evaluations by the theorist. A fully critical basis for such evaluations is a theory of natural law. Standard contemporary objections to natural law theory are reviewed and shown to rest on serious misunderstandings. The Second Part develops in ten carefully structured chapters an account of: basic human goods and basic requirements of practical reasonableness, community and 'the common good'; justice; the logical structure of rights-talk; the bases of human rights, their specification and their limits; authority, and the formation of authoritative rules by non-authoritative persons and procedures; law, the Rule of Law, and the derivation of laws from the principles of practical reasonableness; the complex relation between legal and moral obligation; and the practical and theoretical problems created by unjust laws. A final Part develops a vigorous argument about the relation between 'natural law', 'natural theology' and 'revelation' - between moral concern and other ultimate questions.

The Philosophy of Public Health

The Philosophy of Public Health

  • Author: Dr Angus Dawson
  • Publisher: Ashgate Publishing, Ltd.
  • ISBN: 140948601X
  • Category: Philosophy
  • Page: 204
  • View: 2475
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Public health is a particular area of medical practice that raises a series of philosophical issues that require urgent discussion. The philosophy of public health includes metaphysical questions such as, what do we mean by 'public' in public health? How ought we to conceptualise the idea of 'populations'? Are they merely aggregations of individuals? It also includes epistemological questions such as, what methods are most appropriate for thinking about public health? How do empirical and normative issues relate to each other? Controversial ethical, political and social issues, including those relating to vaccinations, the threat of pandemics and possible restrictions to individual liberties, public health research, screening and obesity policy should also be considered. This volume includes a diverse set of papers exploring a number of the most important theoretical and practical issues that arise across the whole field of the philosophy of public health.

Bad Acts and Guilty Minds

Bad Acts and Guilty Minds

Conundrums of the Criminal Law

  • Author: Leo Katz
  • Publisher: University of Chicago Press
  • ISBN: 022602797X
  • Category: Philosophy
  • Page: 351
  • View: 4023
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With wit and intelligence, Leo Katz seeks to understand the basic rules and concepts underlying the moral, linguistic, and psychological puzzles that plague the criminal law. "Bad Acts and Guilty Minds . . . revives the mind, it challenges superficial analyses, it reminds us that underlying the vast body of statutory and case law, there is a rationale founded in basic notions of fairness and reason. . . . It will help lawyers to better serve their clients and the society that permits attorneys to hang out their shingles."—Edward N. Costikyan, New York Times Book Review

Law and Truth

Law and Truth

  • Author: Dennis Patterson
  • Publisher: Oxford University Press on Demand
  • ISBN: 9780195132472
  • Category: Law
  • Page: 189
  • View: 5628
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Taking up a single question - 'What does it mean to say that a proposition of law is true?' - this book advances a major new account of truth in law. Drawing upon the later philosophy of Wittgenstein, as well as more recent postmodern theory of the relationship between language, meaning, and the world, Patterson examines leading contemporary jurisprudential approaches to this question and finds them flawed in similar and previously unnoticed ways. Despite surface differences, the most widely discussed accounts of legal meaning - from moral realism to interpretivism - each commit themselves, Patterson argues, to a defective notion of reference in accounting for the truth of legal propositions. Tracing this common truth-conditional perspective - wherein propositions of law are true in virtue of some condition, be it a moral essence, a social fact, or communal agreement - to its source in modernism, Patterson develops an alternative (postmodern) account of legal justification, one in which linguistic practice - the use of forms of legal argument - holds the key to legal meaning.