Law S Practical Wisdom
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Law S Practical Wisdom
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Author : Dr Katerina Sideri
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-01-28
Law S Practical Wisdom written by Dr Katerina Sideri and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-28 with Law categories.
This book develops a sociological understanding of law making in the European Union. In particular, the book focuses on the social function of law in new governance structures promoting decentralized and flexible procedures that encourage deliberation, participation of stakeholders, and public dialogue. It pays attention to both the practical knowledge and the power relations underpinning law making, while seeking to bring to the foreground the importance of compromise in the process. The empirical substantiation of the argument discusses the regulation of technology in the European Union and is premised on case studies of governance of the Internet, patents of high technology, filters used on the Internet to block harmful material, trademark law and domain name dispute resolution by ICANN. To this effect, the book studies the dynamics of constructing a legal argument inside the European Commission, and its role in the process of coordinating the creation of networks, securing enforcement in self regulatory regimes, and steering activity on the part of autonomous groups of actors.
Aristotle And The Philosophy Of Law Theory Practice And Justice
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Author : Liesbeth Huppes-Cluysenaer
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-02-14
Aristotle And The Philosophy Of Law Theory Practice And Justice written by Liesbeth Huppes-Cluysenaer 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 2013-02-14 with Law categories.
The book presents a new focus on the legal philosophical texts of Aristotle, which offers a much richer frame for the understanding of practical thought, legal reasoning and political experience. It allows understanding how human beings interact in a complex world, and how extensive the complexity is which results from humans’ own power of self-construction and autonomy. The Aristotelian approach recognizes the limits of rationality and the inevitable and constitutive contingency in Law. All this offers a helpful instrument to understand the changes globalisation imposes to legal experience today. The contributions in this collection do not merely pay attention to private virtues, but focus primarily on public virtues. They deal with the fact that law is dependent on political power and that a person can never be sure about the facts of a case or about the right way to act. They explore the assumption that a detailed knowledge of Aristotle's epistemology is necessary, because of the direct connection between Enlightened reasoning and legal positivism. They pay attention to the concept of proportionality, which can be seen as a precondition to discuss liberalism.
Law S Practical Wisdom
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Author : Katerina Sideri
language : en
Publisher: Routledge
Release Date : 2017-11-30
Law S Practical Wisdom written by Katerina Sideri and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-30 with Law categories.
This book develops a sociological understanding of law making in the European Union. In particular, the book focuses on the social function of law in new governance structures promoting decentralized and flexible procedures that encourage deliberation, participation of stakeholders, and public dialogue. It pays attention to both the practical knowledge and the power relations underpinning law making, while seeking to bring to the foreground the importance of compromise in the process. The empirical substantiation of the argument discusses the regulation of technology in the European Union and is premised on case studies of governance of the Internet, patents of high technology, filters used on the Internet to block harmful material, trademark law and domain name dispute resolution by ICANN. To this effect, the book studies the dynamics of constructing a legal argument inside the European Commission, and its role in the process of coordinating the creation of networks, securing enforcement in self regulatory regimes, and steering activity on the part of autonomous groups of actors.
Practical Wisdom
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Author : Barry Schwartz
language : en
Publisher: Penguin
Release Date : 2010-12-30
Practical Wisdom written by Barry Schwartz and has been published by Penguin this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-30 with Self-Help categories.
A reasoned yet urgent call to embrace and protect the essential, practical human quality that has been drummed out of our lives: wisdom. It's in our nature to want to succeed. It's also human nature to want to do right. But we've lost how to balance the two. How do we get it back? Practical Wisdom can help. "Practical wisdom" is the essential human quality that combines the fruits of our individual experiences with our empathy and intellect-an aim that Aristotle identified millennia ago. It's learning "the right way to do the right thing in a particular circumstance, with a particular person, at a particular time." But we have forgotten how to do this. In Practical Wisdom, Barry Schwartz and Kenneth Sharpe illuminate how to get back in touch with our wisdom: how to identify it, cultivate it, and enact it, and how to make ourselves healthier, wealthier, and wiser.
The Form Of Practical Knowledge
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Author : Stephen Engstrom
language : en
Publisher: Harvard University Press
Release Date : 2009-04-27
The Form Of Practical Knowledge written by Stephen Engstrom 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 2009-04-27 with Philosophy categories.
By developing an account of practical knowledge that situates Kant's ethics within his broader epistemology and rethinks numerous topics in his moral psychology and in his account of practical reason, this book promises to deepen and to reshape our understanding of Kantian ethics.
Phronesis As Professional Knowledge
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Author : Elizabeth Anne Kinsella
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-07-30
Phronesis As Professional Knowledge written by Elizabeth Anne Kinsella 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 2012-07-30 with Education categories.
Phronesis is the Aristotelian notion of practical wisdom. In this collected series, phronesis is explored as an alternate way of considering professional knowledge. In the present context dominated by technical rationalities and instrumentalist approaches, a re-examination of the concept of phronesis offers a fundamental re-visioning of the educational aims in professional schools and continuing professional education programs. This book originated from a conversation amongst an interdisciplinary group of scholars from education, health, philosophy, and sociology, who share concerns that something of fundamental importance – of moral signi?cance – is missing from the vision of what it means to be a professional. The contributors consider the ways in which phronesis offers a generative possibility for reconsidering the professional knowledge of practitioners. The question at the centre of this inquiry is: “If we take phronesis seriously as an organising framework for professional knowledge, what are the implications for professional education and practice?” A multiplicity of understandings emerge as to what is meant by phronesis and how it might be reinterpreted, understood, applied, and extended in a world radically different to that of the progenitor of the term, Aristotle. For those concerned with professional life this is a conversation not to be missed.
The Oxford Handbook Of The History Of Ethics
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Author : Roger Crisp
language : en
Publisher: Oxford University Press
Release Date : 2013-01-31
The Oxford Handbook Of The History Of Ethics written by Roger Crisp 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 2013-01-31 with History categories.
This original and comprehensive volume explores the history of philosophical ethics in the western tradition from Homer until the present day. Leading experts in the field use their expertise and specialist knowledge to illuminate key subjects and ideas in contemporary ethics, and survey the history of the discipline.
Criminal Sentencing As Practical Wisdom
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Author : Graeme Brown
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-06-01
Criminal Sentencing As Practical Wisdom written by Graeme Brown and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-01 with Law categories.
How do judges sentence? In particular, how important is judicial discretion in sentencing? Sentencing guidelines are often said to promote consistency, but is consistency in sentencing achievable or even desirable? Whilst the passing of a sentence is arguably the most public stage of the criminal justice process, there have been few attempts to examine judicial perceptions of, and attitudes towards, the sentencing process. Through interviews with Scottish judges and by presenting a comprehensive review and analysis of recent scholarship on sentencing – including a comparative study of UK, Irish and Commonwealth sentencing jurisprudence – this book explores these issues to present a systematic theory of sentencing. Through an integration of the concept of equity as particularised justice, the Aristotelian concept of phronesis (or 'practical wisdom'), the concept of value pluralism, and the focus of appellate courts throughout the Commonwealth on sentencing by way of 'instinctive synthesis', it is argued that judicial sentencing methodology is best viewed in terms of a phronetic synthesis of the relevant facts and circumstances of the particular case. The author concludes that sentencing is best conceptualised as a form of case-orientated, concrete and intuitive decision making; one that seeks individualisation through judicial recognition of the profoundly contextualised nature of the process.
On Human Action And Practical Wisdom
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Author : Guorong Yang
language : en
Publisher: BRILL
Release Date : 2016-05-18
On Human Action And Practical Wisdom written by Guorong Yang and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-18 with Philosophy categories.
In On Human Action and Practical Wisdom, Yang Guorong offers a description of wisdom and action based on his “concrete metaphysics.” Yang attempts to go beyond the excessively linguistic, logical, and abstract focus found in the American analytic tradition.
Our Knowledge Of The Law
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Author : George Pavlakos
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-07-14
Our Knowledge Of The Law 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 2007-07-14 with Law categories.
In the long-standing debate between positivism and non-positivism, legal validity has always been a subject of controversy. While positivists deny that moral values play any role in the determination of legal validity, non-positivists affirm the opposite thesis. In departing from this narrow point of view, the book focuses on the notion of legal knowledge. Apart from what one takes to constitute the grounds of legal validity, there is a more fundamental issue about cognitive validity: how do we acquire knowledge of whatever is assumed to constitute the elements of legal validity? When the question is posed in this form a fundamental shift takes place. Given that knowledge is a philosophical concept, for anything to constitute an adequate ground for legal validity it must satisfy the standards set by knowledge. In exploring those standards the author argues that knowledge is the outcome of an activity of judging, which is constrained by reasons (reflexive). While these reasons may vary with the domain of judging, the reflexive structure of the practice of judging imposes certain constraints on what can constitute a reason for judging. Amongst these constraints are found not only general metaphysical limitations but also the fundamental principle that one with the capacity to judge is autonomous or, in other words, capable of determining the reasons that form the basis of action. One sees, as soon as autonomy has been introduced into the parameters of knowledge, that law is necessarily connected with every other practical domain. The author shows, in the end, that the issue of knowledge is orthogonal to questions about the inclusion or exclusion of morality, for what really matters is whether the putative grounds of legal validity are appropriate to the generation of knowledge. The outcome is far more integral than much work in current theory: neither an absolute deference to either universal moral standards or practice-independent values nor a complete adherence to conventionality and institutional arrangements will do. In suggesting that the current positivism versus non-positivism debate, when it comes to determining law's nature, misses the crux of the matter, the book aims to provoke a fertile new debate in legal theory. "George Pavlakos' engaging book tackles the fundamental question of what makes legal knowledge possible. Since all articulate thought has to conform to implicit rules of grammar, it is necessarily normatively structured. Thus normativity cannot be something external to human thinking that we study from the outside, but is intrinsic to all human practices (including the natural sciences). This insight opens up fascinating new lines of inquiry into the character of law and its relations to other normative domains." Professor Sir Neil MacCormick, Edinburgh University "With admirable analytical acumen, George Pavlakos underscores the practical character of legal knowledge as well as the importance of argumentation in legal theory. He rejects those approaches to the nature of law that rest on conventional criteria as well as those that turn on factors altogether independent of practice, developing instead the thesis that objectivity and knowledge emerge from practical activity reflecting the spontaneity of human reason. In light of this notion of legal cognition as a practical activity directed and constrained by reason, the law is seen as an enduring institution, jurisprudence as a humanistic discipline. A truly important work." Professor Dr. Robert Alexy, Christian-Albrechts-Universität zu Kiel