Modes Of Thought In Law And Justice
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Modes Of Thought In Law And Justice
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Author : Wolfgang Fikentscher
language : en
Publisher:
Release Date : 1988
Modes Of Thought In Law And Justice written by Wolfgang Fikentscher and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Social Science categories.
Modes Of Thought
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Author : Wolfgang Fikentscher
language : en
Publisher: Mohr Siebeck
Release Date : 2004
Modes Of Thought written by Wolfgang Fikentscher and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Cognition and culture categories.
Law Life And The Images Of Man
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Author : Frank Fleerackers
language : en
Publisher:
Release Date : 1996
Law Life And The Images Of Man written by Frank Fleerackers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Festschriften categories.
Jan M. Broekman is since 1996 Professor emeritus of Philosophy of Law and Legal Theory at the Catholic University of Leuven (Belgium) and of Philosophy and Medical Ethics at the Vrije Universiteit of Amsterdam (Netherlands).During a long and distinguished career he has won an international reputation for his work in the fields of legal anthropology, legal theory and the philosophy of law and medicine. He published widely in these fields and lectured throughout Europe, Latin America and the United States of America. This Festschrift reflects some important themes of his work, especially the ones concerning the intertwinement of legal, medical and moral discourse and its related aspects in technology, politics and anthropology.Due to their different fields of research, the authors approach their topic from their own scientific and cultural perspective. The contributions provide the reader with well-documented and skilled insights into specific questions in many countries like Germany, Brasil, Chile, Italy, Belgium and the United States of America.The composition of the colourful range of contributions is focussed on the core theme of both legal modernism and post-modernism: the tacit assumption of a discursive unity behind thinking, acting and talking. The mimetic representation of man and humanity in legal and medical discourse is built on this assumption.Fundamental questions belonging to the discursive unity are dealt with, for instance concerning language and reality; being and mimesis; norms, rights and facts. They are confronted with actual questions in health care (quality of life, autonomy, the elderly), in European politics and in economics.The contributions document the leading developments in today's legal, medical and philosophical debates. They will provide the reader with outstanding thoughts on the future orientation of law in society.
Justice And Injustice In Law And Legal Theory
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Author : Austin Sarat
language : en
Publisher: University of Michigan Press
Release Date : 2009-11-11
Justice And Injustice In Law And Legal Theory written by Austin Sarat and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-11 with Law categories.
Running through the history of jurisprudence and legal theory is a recurring concern about the connections between law and justice and about the ways law is implicated in injustice. In earlier times law and justice were viewed as virtually synonymous. Experience, however, has taught us that, in fact, injustice may be supported by law. Nonetheless, the belief remains that justice is the special concern of law. Commentators from Plato to Derrida have called law to account in the name of justice, asked that law provide a language of justice, and demanded that it promote the attainment of justice. The justice that is usually spoken about in these commentaries is elusive, if not illusory, and disconnected from the embodied practice of law. Furthermore, the very meaning of justice, especially as it relates to law, is in dispute. Justice may refer to distributional issues or it may involve primarily procedural questions, impartiality in judgment or punishment and recompense. The essays collected in Justice and Injustice in Law and Legal Theory seek to remedy this uncertainty about the meaning of justice and its disembodied quality, by embedding inquiry about justice in an examination of law's daily practices, its institutional arrangements, and its engagement with particular issues at particular moments in time. The essays examine the relationship between law and justice and injustice in specific issues and practices and, in doing so, make the question of justice come alive as a concrete political question. They draw on the disciplines of history, law, anthropology, and political science. Contributors to this volume include Nancy Coot, Joshua Coven, Robert Gorton, Frank Michelin, and Michael Tossing. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
Justice Law And Argument
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Author : Ch. Perelman
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Justice Law And Argument written by Ch. Perelman 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 2012-12-06 with Philosophy categories.
This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument (Routledge & Kegan Paul, London, 1963). The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P.
Law And The Modern Mind
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Author : Jerome Frank
language : en
Publisher: Routledge
Release Date : 2017-07-12
Law And The Modern Mind written by Jerome Frank and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-12 with Law categories.
Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.
Contingency Irony And Solidarity
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Author : Richard Rorty
language : en
Publisher: Cambridge University Press
Release Date : 1989-02-24
Contingency Irony And Solidarity written by Richard Rorty 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 1989-02-24 with Language Arts & Disciplines categories.
In this 1989 book Rorty argues that thinkers such as Nietzsche, Freud, and Wittgenstein have enabled societies to see themselves as historical contingencies, rather than as expressions of underlying, ahistorical human nature or as realizations of suprahistorical goals. This ironic perspective on the human condition is valuable on a private level, although it cannot advance the social or political goals of liberalism. In fact Rorty believes that it is literature not philosophy that can do this, by promoting a genuine sense of human solidarity. A truly liberal culture, acutely aware of its own historical contingency, would fuse the private, individual freedom of the ironic, philosophical perspective with the public project of human solidarity as it is engendered through the insights and sensibilities of great writers. The book has a characteristically wide range of reference from philosophy through social theory to literary criticism. It confirms Rorty's status as a uniquely subtle theorist, whose writing will prove absorbing to academic and nonacademic readers alike.
Forgotten Justice
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Author : Allan Beever
language : en
Publisher: OUP Oxford
Release Date : 2013-02-14
Forgotten Justice written by Allan Beever and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-14 with Law categories.
Throughout much of the history of political philosophy, many of the great philosophers begin their work with an investigation of private law. Why is this? And why is the central focus of our modern concern, the state, examined so late in their works? This book suggests an answer to these and related questions. It reveals that there are two general ways of thinking about the legal and the political: the modern which sees all through the lens of the state, and the traditional which begins with individuals and with the normative relations that exist between them building only slowly towards the community and the state. In the modern view, private law is understood as a method for achieving certain social goals. As such, it can be overlooked by political philosophy. For the traditional view, on the other hand, private law is of central philosophical importance, because it is there that we observe a society's enunciation of its most fundamental political and legal values. Arguing that an understanding of the traditional view is essential to an understanding of private law and political life, this book highlights how the modern conception is seriously distorting in this regard. A story unfolds throughout the chapters: the story of the growth and decline of the traditional view in political and legal thought. It challenges the modern fixation with the state, arguing for a return to the traditional view of legal and political community.
Patterns Of American Legal Thought
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Author : G. Edward White
language : en
Publisher: Quid Pro Books
Release Date : 2010-07-22
Patterns Of American Legal Thought written by G. Edward White and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-22 with History categories.
A renowned legal historian's collection of astute and timeless essays on such subjects as the process, method and debates of legal history; the truth about Holmes and Brandeis; legal realism & its critics; the origins of tort law; appellate opinions as research sources; Brown v. Board and the role of Earl Warren; and the development of gay rights in U.S. constitutional law. Quality digital format.
Christian Perspectives On Legal Thought
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Author : Michael W. McConnell
language : en
Publisher: Yale University Press
Release Date : 2008-10-01
Christian Perspectives On Legal Thought written by Michael W. McConnell and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-10-01 with Law categories.
This book explores for the first time the broad range of ways in which Christian thought intersects with American legal theory. Eminent legal scholars—including Stephen Carter, Thomas Shaffer, Elizabeth Mensch, Gerard Bradley, and Marci Hamilton—describe how various Christian traditions, including the Catholic, Calvinist, Anabaptist, and Lutheran traditions, understand law and justice, society and the state, and human nature and human striving. The book reveals not only the diversity among Christian legal thinkers but also the richness of the Christian tradition as a source for intellectual and ethical approaches to legal inquiry. The contributors bring various perspectives to the subject. Some engage the prominent schools of legal thought: liberalism, legal realism, critical legal studies, feminism, critical race theory, and law and economics. Others address substantive areas, including environmental, criminal, contract, torts, and family law, as well as professional responsibility. Together the essays introduce a new school of legal thought that will make a signal contribution to contemporary discussions of law.