Naturalizing Jurisprudence
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Naturalizing Jurisprudence
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Author : Brian Leiter
language : en
Publisher: Oxford University Press, USA
Release Date : 2007
Naturalizing Jurisprudence written by Brian Leiter and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revisedversions of ten of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect the Realist program to themethodology debate in contemporary jurisprudence; and explore the general implications of a naturalistic world view for problems about the objectivity of law and morality. Leiter has supplied a lengthy new introductory essay, as well as postscripts to several of the essays, in which he responds tochallenges to his interpretive and philosophical claims by academic lawyers and philosophers.This volume will be essential reading for anyone interested in jurisprudence, as well as for philosophers concerned with the consequences of naturalism in moral and legal philosophy.
On The Prospects Of A Naturalized Jurisprudence
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Author : Robin Bradley Kar
language : en
Publisher:
Release Date : 2017
On The Prospects Of A Naturalized Jurisprudence written by Robin Bradley Kar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
Brian Leiter is one of the leading proponents of the use and application of so-called "naturalistic developments" in contemporary philosophy to central questions in analytic jurisprudence. He is also arguably *the* leading philosophical interpreter of legal realism. In Naturalizing Jurisprudence, he collects many of his most important essays on these topics, organized by theme, and presents previously unpublished responses to critics. In this Review, I critically examine the three parts of Leiter's book, which address: (1) the philosophical legacy of American legal realism, with specific reference to the nature of justification in adjudication; (2) the appropriate philosophical methodology to determine the nature of law (including what conclusions to draw from this methodology); and (3) the bearing that issues in meta-ethics might have on legal objectivity. Special emphasis is given throughout to the larger prospects for a naturalized jurisprudence, and to how alternative versions of naturalized views might look.
Naturalizing Jurisprudence
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Author : Brian Leiter
language : en
Publisher:
Release Date : 2007
Naturalizing Jurisprudence written by Brian Leiter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Jurisprudence categories.
Gathering together Brian Leiter's most influential essays on the subject of American legal realism, this book provides an overview of his redefinition of legal realism and its relationship with other models of legal and philosophical thought, from naturalism in philosophy to critical legal studies.
Naturalizing Jurisprudence
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Author : Brian Leiter
language : en
Publisher:
Release Date : 2008
Naturalizing Jurisprudence written by Brian Leiter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Jurisprudence categories.
"General jurisprudence - that branch of legal philosophy concerned with the nature of law and adjudication - has been relatively unaffected by the "naturalistic" strains so evident, for example, in the epistemology, philosophy of mind and moral philosophy of the past forty years. This paper sketches three ways in which naturalism might affect jurisprudential inquiry."
Naturalized Jurisprudence And American Legal Realism Revisited
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Author : Brian Leiter
language : en
Publisher:
Release Date : 2011
Naturalized Jurisprudence And American Legal Realism Revisited written by Brian Leiter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Jurisprudence categories.
This is my reply to critics in a symposium issue of the journal Law & Philosophy (2011) devoted to my 2007 book NATURALIZING JURISPRUDENCE: AMERICAN LEGAL REALISM AND NATURALISM IN LEGAL PHILOSOPHY. The critics to whom I respond are: Julie Dickson (Oxford University), Michael Steven Green (College of William & Mary), and Mark Greenberg (University of California, Los Angeles).
Special Issue On Brian Leiter S Naturalizing Jurisprudence
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Author : Kenneth Einar Himma
language : it
Publisher:
Release Date : 2011
Special Issue On Brian Leiter S Naturalizing Jurisprudence written by Kenneth Einar Himma and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
The Jurisprudence Of Style
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Author : Justin Desautels-Stein
language : en
Publisher: Cambridge University Press
Release Date : 2018-02-22
The Jurisprudence Of Style written by Justin Desautels-Stein 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 2018-02-22 with History categories.
Offers a structuralist critique of the relationship between pragmatism and liberalism in American legal thought.
Moral Psychology With Nietzsche
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Author : Brian Leiter
language : en
Publisher: Oxford University Press
Release Date : 2019-04-04
Moral Psychology With Nietzsche written by Brian Leiter 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 2019-04-04 with Philosophy categories.
Brian Leiter defends a set of radical ideas from Nietzsche: there is no objectively true morality, there is no free will, no one is ever morally responsible, and our conscious thoughts and reasoning play almost no significant role in our actions and how our lives unfold. He presents a new interpretation of main themes of Nietzsche's moral psychology, including his anti-realism about value (including epistemic value), his account of moral judgment and its relationship to the emotions, his conception of the will and agency, his scepticism about free will and moral responsibility, his epiphenomenalism about certain kinds of conscious mental states, and his views about the heritability of psychological traits. In combining exegesis with argument, Leiter engages the views of philosophers like Harry Frankfurt, T. M. Scanlon, and Gary Watson, and psychologists including Daniel Wegner, Benjamin Libet, and Stanley Milgram. Nietzsche emerges not simply as a museum piece from the history of ideas, but as a philosopher and psychologist who exceeds David Hume for insight into human nature and the human mind, repeatedly anticipates later developments in empirical psychology, and continues to offer sophisticated and unsettling challenges to much conventional wisdom in both philosophy and psychology.
Understanding Jurisprudence
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Author : Raymond Wacks
language : en
Publisher:
Release Date : 2020-11-26
Understanding Jurisprudence written by Raymond Wacks and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-26 with categories.
Understanding Jurisprudence provides an illuminating and engaging introduction to the central questions of legal theory. It is the perfect starting point for those new to the subject.
An Examination And Critique Of The Compatibility And Coherence Of Brian Leiter S Naturalized Jurisprudence With The American Legal Framework
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Author : Michael Keck
language : en
Publisher:
Release Date : 2020
An Examination And Critique Of The Compatibility And Coherence Of Brian Leiter S Naturalized Jurisprudence With The American Legal Framework written by Michael Keck and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Apologetics categories.
In this thesis I argue Brian Leiter’s vision for a naturalized jurisprudence stands in problematic tension with critical facets of objective morality presupposed by the American legal system. Leiter makes the case for the naturalization of jurisprudence through adherence to his version of a naturalistic epistemology. Though Leiter explicitly rejects moral realism---and embraces elements of legal positivism---he acquiesces to the notion that judges sometimes utilize non-legal, "moral reasons," when deciding cases. Leiter suggests that any moral "knowledge" that may influence the process of adjudication should be delivered by the hard sciences. I suggest Leiter’s epistemological naturalism is incapable of providing the normative, prescriptive, and proscriptive moral propositions that are integral to the American legal system. Moreover, Leiter’s denial of objective moral values is inconsistent with a legal framework predicated on securing the life and rights of objectively valuable and equal human beings. Through myriad appeals to God, and contemporary locutions thereof, the American founders constructed an enduring legal framework that presupposed the existence of a transcendent and objective moral law. This moral law is often referred to as the law of nature. The law of nature is commensurate with certain objective moral facts and values—especially those germane to the innate moral value of human life. Moreover, the intrinsic worth of human beings helps explain the focus the founders placed on securing our preexistent rights and duties. These same preexistent values, rights, and duties are pertinent to safeguarding the conditions by which we may flourish. I suggest Christian theism is a reasonable and plausible worldview for providing the ontological grounding and epistemic accessibility required for a robust natural law conception as held by the founders. Moreover, Christian theism helps explain the unique value of human life that is a vitally integral element of contemporary law. I conclude that Leiter’s effort to naturalize jurisprudence stands in tension with a jurisprudence as envisioned by the founders. Moreover, I suggest that a natural law theory of objective moral values---viewed through the lens of Christian theism---better coheres with the American founding and enduring legal system than Leiter’s naturalized jurisprudence.