Law As An Artifact
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language : en
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The Functions Of Law
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Author : Kenneth M. Ehrenberg
language : en
Publisher: Oxford University Press
Release Date : 2016-03-10
The Functions Of Law written by Kenneth M. Ehrenberg 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 2016-03-10 with Law categories.
What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities.
Law As An Artifact
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Author : Luka Burazin
language : en
Publisher: Oxford University Press
Release Date : 2018-07-26
Law As An Artifact written by Luka Burazin 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 2018-07-26 with Law categories.
This volume assembles leading scholars to examine how their respective theoretical positions relate to the artifactual nature of law. It offers a complete analysis of what is ontologically entailed by the claim that law - including legal systems, legal norms, and legal institutions - is an artifact, and what consequences, if any, this claim has for philosophical accounts of law. Examining the artifactual nature of law draws attention to the role that intention, function, and action play in the ontological structure of law, and how these attributes interact with rules. It puts the role of author and authorship at the center of its analysis of legal ontology, and widens the scope that functional analysis can legitimately have in legal theory, emphasizing how the content of law depends on how it is used. Furthermore, the appeal to artifacts brings to the fore questions about the significance of concepts for the existence of law, and makes available new tools for legal interpretation. The notion of artifactuality offers a starting point from which to approach the basic dilemma of whether it is meaningful to search for essential, necessary, and sufficient features of law, a question that in current legal theory is put when deciding what kind of enterprise legal theory is from a methodological point of view, namely whether it is descriptive or prescriptive. This volume unearths insights and observations of value to all those looking to deepen their understanding of how the law is understood and experienced.
Art Artifact Architecture Museum Law
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Author : Jessica L. Darraby
language : en
Publisher: Clark Boardman Callaghan
Release Date : 2008-07-01
Art Artifact Architecture Museum Law written by Jessica L. Darraby and has been published by Clark Boardman Callaghan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-01 with Law categories.
A Treatise On The Law Of Evidence As Administered In England And Ireland
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Author : John Pitt Taylor
language : en
Publisher: Palala Press
Release Date : 2015-09-03
A Treatise On The Law Of Evidence As Administered In England And Ireland written by John Pitt Taylor and has been published by Palala Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-03 with categories.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Natural Law And The Nature Of Law
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Author : Jonathan Crowe
language : en
Publisher: Cambridge University Press
Release Date : 2019-04-25
Natural Law And The Nature Of Law written by Jonathan Crowe 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 2019-04-25 with History categories.
Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.
A Treatise On The Law Of Evidence As Administered In England And Ireland
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Author : John Pitt Taylor
language : en
Publisher: Arkose Press
Release Date : 2015-10-06
A Treatise On The Law Of Evidence As Administered In England And Ireland written by John Pitt Taylor and has been published by Arkose Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-06 with categories.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Coercion And The Nature Of Law
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Author : Kenneth Einar Himma
language : en
Publisher: Oxford University Press
Release Date : 2020-05-06
Coercion And The Nature Of Law written by Kenneth Einar Himma 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 2020-05-06 with Law categories.
The Coercion Thesis has been a subject of longstanding debate, but legal positivist scholarship over the last several decades has concluded that coercion is not necessary for law. Coercion and the Nature of Law is concerned with reviving the Coercion Thesis, presenting a strong case for the inherently coercive nature of legal regulation, and arguing that anything properly characterized as a legal system must back legal norms prohibiting breaches of the peace with the threat of a coercive sanction. Himma presents the argument that people are self-interested beings who must compete in a world of scarcity for everything they need to survive and thrive. The need to compete for resources naturally leads to conflict that can breach the peace, and threatens the ability to live together in a community and reap the social benefits of cooperation. Law only functions as a system if it can maintain the peace enough for community to continue, and thus systems of law cannot succeed in doing anything that we want systems of law to do unless they back laws prohibiting violent assaults on persons or property with the threat of punishment; without sanctions, we would descend into something resembling a condition of war-of-all-against-all. We adopt coercive systems of regulation precisely to avoid having to live under such conditions. The book is divided into three parts: (1) a prima facie logical-empirical case for the Coercion Thesis, (2) a study of the "society of angels" and international law counterexamples, and why they do not refute the thesis, and (3) an analysis of how law guides behaviour and the implications of the Coercion Thesis on reasons for action. Going against the current conventional wisdom in legal philosophy, Himma makes a systematic defence of the Coercion Thesis arguing that coercion or enforcement mechanisms are not only a necessary feature of legal systems, but a conceptually necessary feature of legal systems.
A Treatise On The Law Of Evidence Volume 1
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Author : Simon Greenleaf
language : en
Publisher: Andesite Press
Release Date : 2015-08-11
A Treatise On The Law Of Evidence Volume 1 written by Simon Greenleaf and has been published by Andesite Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-11 with categories.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Artefact Kinds
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Author : Maarten Franssen
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-10-04
Artefact Kinds written by Maarten Franssen and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-04 with Philosophy categories.
This book is concerned with two intimately related topics of metaphysics: the identity of entities and the foundations of classification. What it adds to previous discussions of these topics is that it addresses them with respect to human-made entities, that is, artefacts. As the chapters in the book show, questions of identity and classification require other treatments and lead to other answers for artefacts than for natural entities. These answers are of interest to philosophers not only for their clarification of artefacts as a category of things but also for the new light they may shed on these issue with respect to to natural entities. This volume is structured in three parts. The contributions in Part I address basic ontological and metaphysical questions in relation to artefact kinds: How should we conceive of artefact kinds? Are they real kinds? How are identity conditions for artefacts and artefact kinds related? The contributions in Part II address meta-ontological questions: What, exactly, should an ontological account of artefact kinds provide us with? What scope can it aim for? Which ways of approaching the ontology of artefact kinds are there, how promising are they, and how should we assess this? In Part III, the essays offer engineering practice rather than theoretical philosophy as a point of reference. The issues addressed here include: How do engineers classify technical artefacts and on what grounds? What makes specific classes of technical artefacts candidates for ontologically real kinds, and by which criteria?