Igual Considera O E Respeito Independ Ncia Tica E Liberdade De Express O Em Dworkin
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Justice In Robes
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Author : Ronald Dworkin
language : en
Publisher: Harvard University Press
Release Date : 2008-04-30
Justice In Robes written by Ronald Dworkin and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-04-30 with Law categories.
How should a judge's moral convictions bear on his judgments about what the law is? Lawyers, sociologists, philosophers, politicians, and judges all have answers to that question: these range from ÒnothingÓ to Òeverything.Ó In Justice in Robes, Ronald Dworkin argues that the question is much more complex than it has often been taken to be and charts a variety of dimensionsÑsemantic, jurisprudential, and doctrinalÑin which law and morals are undoubtedly interwoven. He restates and summarizes his own widely discussed account of these connections, which emphasizes the sovereign importance of moral principle in legal and constitutional interpretation, and then reviews and criticizes the most influential rival theories to his own. He argues that pragmatism is empty as a theory of law, that value pluralism misunderstands the nature of moral concepts, that constitutional originalism reflects an impoverished view of the role of a constitution in a democratic society, and that contemporary legal positivism is based on a mistaken semantic theory and an erroneous account of the nature of authority. In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard Posner, Cass Sunstein, Antonin Scalia, and Joseph Raz. Dworkin's new collection of essays and original chapters is a model of lucid, logical, and impassioned reasoning that will advance the crucially important debate about the roles of justice in law.
Political Liberalism
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Author : John Rawls
language : en
Publisher: Columbia University Press
Release Date : 2005-03-24
Political Liberalism written by John Rawls and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-03-24 with Philosophy categories.
This book continues and revises the ideas of justice as fairness that John Rawls presented in A Theory of Justice but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines—religious, philosophical, and moral—coexist within the framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls' plans to revise Political Liberalism, which were cut short by his death. "An extraordinary well-reasoned commentary on A Theory of Justice...a decisive turn towards political philosophy." —Times Literary Supplement
Why Social Justice Matters
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Author : Brian Barry
language : en
Publisher: Polity
Release Date : 2005-03-04
Why Social Justice Matters written by Brian Barry and has been published by Polity this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-03-04 with Political Science categories.
He proposes a number of policies to achieve a more equal society and argues that they are economically feasible.
Vagueness
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Author : Timothy Williamson
language : en
Publisher: Routledge
Release Date : 2002-01-04
Vagueness written by Timothy Williamson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-01-04 with Philosophy categories.
If you keep removing single grains of sand from a heap, when is it no longer a heap? From discussions of the heap paradox in classical Greece, to modern formal approaches like fuzzy logic, Timothy Williamson traces the history of the problem of vagueness. He argues that standard logic and formal semantics apply even to vague languages and defends the controversial, realist view that vagueness is a form of ignorance - there really is a grain of sand whose removal turns a heap into a non-heap, but we can never know exactly which one it is.
Law S Empire
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Author : Ronald Dworkin
language : en
Publisher:
Release Date : 2011-11
Law S Empire written by Ronald Dworkin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11 with Law categories.
In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.
Metaethics After Moore
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Author : Terry Horgan
language : en
Publisher: Clarendon Press
Release Date : 2006-01-26
Metaethics After Moore written by Terry Horgan and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-26 with Philosophy categories.
Metaethics, understood as a distinct branch of ethics, is often traced to G. E. Moore's 1903 classic, Principia Ethica. Whereas normative ethics is concerned to answer first order moral questions about what is good and bad, right and wrong, metaethics is concerned to answer second order non-moral questions about the semantics, metaphysics, and epistemology of moral thought and discourse. Moore has continued to exert a powerful influence, and the sixteen essays here (most of them specially written for the volume) represent the most up-to-date work in metaethics after, and in some cases directly inspired by, the work of Moore.
Hannah Arendt And Leo Strauss
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Author : Peter Graf Kielmansegg
language : en
Publisher: Cambridge University Press
Release Date : 1997-06-13
Hannah Arendt And Leo Strauss written by Peter Graf Kielmansegg and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-06-13 with History categories.
This volume on Hannah Arendt's and Leo Strauss' impact on American political science after 1933 contains essays presented at an international conference held at the University of Colorado at Boulder in 1991. The book explores the influence that Arendt's and Strauss' experiences of inter-war Germany had on their perception of democracy and their judgment of American liberal democracy. Although they represented different political attitudes, both thinkers interpreted the modern American political system as a response to totalitarianism. The contributors analyse how their émigré experience both influenced their American work and also had an impact on the formation of the discipline of political science in postwar Germany. Arendt's and Strauss' experiences thus aptly illustrate the transfer and transformation of political ideas in the World War II era.
Law Rights And Discourse
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Author : George Pavlakos
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-07-11
Law Rights And Discourse written by George Pavlakos and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07-11 with Law categories.
A philosophical system is not what one would expect to find in the work of a contemporary legal thinker. Robert Alexy's work counts as a striking exception. Over the past 28 years Alexy has been developing, with remarkable clarity and consistency, a systematic philosophy covering most of the key areas of legal philosophy. Kantian in its inspiration, his work admirably combines the rigour of analytical philosophy with a repertoire of humanitarian ideals reflecting the tradition of the Geisteswissenschaften, rendering it one of the most far-reaching and influential legal philosophies in our time. This volume has been designed with two foci in mind: the first is to reflect the breadth of Alexy's philosophical system, as well as the varieties of jurisprudential and philosophical scholarship in the last three decades on which his work has had an impact. The second objective is to provide for a critical exchange between Alexy and a number of specialists in the field, with an eye to identifying new areas of inquiry and offering a new impetus to the discourse theory of law. To that extent, it was thought that a critical exchange such as the one undertaken here would most appropriately reflect the discursive and critical character of Robert Alexy's work. The volume is divided into four parts, each dealing with a key area of Alexy's contribution. A final section brings together concise answers by Robert Alexy. In composing these, Alexy has tried to focus on points and criticisms that address new aspects of discourse theory or otherwise point the way to future developments and applications. With its range of topics of coverage, the number of specialists it engages and the originality of the answers it provides, this collection will become a standard work of reference for anyone working in legal theory in general and the discourse theory of law in particular.
The Trouble With Principle
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Author : Stanley Fish
language : en
Publisher: Harvard University Press
Release Date : 2001-03-02
The Trouble With Principle written by Stanley Fish and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-03-02 with Social Science categories.
Stanley Fish is an equal opportunity antagonist. A theorist who has taken on theorists, an academician who has riled the academy, a legal scholar and political pundit who has ruffled feathers left and right, Fish here turns with customary gusto to the trouble with principle. Specifically, Fish has a quarrel with neutral principles. The trouble? They operate by sacrificing everything people care about to their own purity. And they are deployed with equal highmindedness and equally absurd results by liberals and conservatives alike. In this bracing book, Fish argues that there is no realm of higher order impartiality--no neutral or fair territory on which to stake a claim--and that those who invoke one are always making a rhetorical and political gesture. In the end, it is history and context, the very substance against which a purportedly abstract principle defines itself, that determines a principle's content and power. In the course of making this argument, Fish takes up questions about academic freedom and hate speech, affirmative action and multiculturalism, the boundaries between church and state, and much more. Sparing no one, he shows how our notions of intellectual and religious liberty--cherished by those at both ends of the political spectrum--are artifacts of the very partisan politics they supposedly transcend. The Trouble with Principle offers a provocative challenge to the debates of our day that no intellectually honest citizen can afford to ignore.
Human Liberty And Freedom Of Speech
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Author : C. Edwin Baker
language : en
Publisher: Oxford University Press
Release Date : 1992-10-01
Human Liberty And Freedom Of Speech written by C. Edwin Baker and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992-10-01 with Law categories.
Although an inchoate liberty theory of freedom of speech has deep roots in Supreme Court decisions and political history, it has been overshadowed in judicial decisions and scholarly commentary by the marketplace of ideas theory. In this book, Baker critiques the assumptions required by the marketplace of ideas theory and develops the liberty theory, showing its philosophical soundness, persuasiveness, and ability to protect free speech. He argues that First Amendment liberty rights (as well as Fourteenth Amendment equality rights) required by political or moral theory are central to the possibility of progressive change. Problem areas are examined, including the question of whether individual political and civil rights can in principle be distinguished from property rights, freedom of the press, and the use of public spaces for expressive purposes.