Pragmatism Law And Language
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Pragmatism Law And Language
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Author : Graham Hubbs
language : en
Publisher: Routledge
Release Date : 2013-11-12
Pragmatism Law And Language written by Graham Hubbs and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-12 with Philosophy categories.
This volume puts leading pragmatists in the philosophy of language, including Robert Brandom, in contact with scholars concerned with what pragmatism has come to mean for the law. Each contribution uses the resources of pragmatism to tackle fundamental problems in the philosophy of language, the philosophy of law, and social and political philosophy. In many chapters, the version of pragmatism deployed proves a fruitful approach to its subject matter; in others, shortcomings of the specific brand of pragmatism are revealed. The result is a clearer understanding of what pragmatism has meant and can mean across these tightly related philosophical areas. The book, then, is itself pragmatism in action: it seeks to clarify its unifying concept by examining the practices that centrally involve it.
Pragmatism Law And Language
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Author : Graham Hubbs
language : en
Publisher: Routledge
Release Date : 2013-11-12
Pragmatism Law And Language written by Graham Hubbs and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-12 with Philosophy categories.
This volume puts leading pragmatists in the philosophy of language, including Robert Brandom, in contact with scholars concerned with what pragmatism has come to mean for the law. Each contribution uses the resources of pragmatism to tackle fundamental problems in the philosophy of language, the philosophy of law, and social and political philosophy. In many chapters, the version of pragmatism deployed proves a fruitful approach to its subject matter; in others, shortcomings of the specific brand of pragmatism are revealed. The result is a clearer understanding of what pragmatism has meant and can mean across these tightly related philosophical areas. The book, then, is itself pragmatism in action: it seeks to clarify its unifying concept by examining the practices that centrally involve it.
Law And Philosophy Of Language
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Author : Pascal Richard
language : en
Publisher: Routledge
Release Date : 2021-06-29
Law And Philosophy Of Language written by Pascal Richard and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-29 with Law categories.
Academic legal production, when it focuses on the study of law, generally grasps this concept on the basis of a reference to positive law and its practice. This book differs clearly from these analyses and integrates the legal approach into the philosophy of normative language, philosophical realism and pragmatism. The aim is not only to place the examination of law in the immanence of its practice, but also to take note of the fact that legal enunciation must be taken seriously. In order to arrive at this analysis, it is necessary to go beyond traditional perspectives and to base reflection on an investigation of the conditions for enunciating law in our democracies. This analysis thus offers a renewal of the ethics inherent in the action of jurists and an original reflection on the role of certain legal tools such as concepts, categories, or "provisions". In this sense, the work nourishes its originality not only by the transversality of its approach, but also by the will to situate legal thought in concrete forms of its implementation. The book will be essential reading for academics working in the areas of legal theory, legal philosophy and constitutional theory.
Law Pragmatism And Democracy
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Author : Richard A. Posner
language : en
Publisher: Harvard University Press
Release Date : 2009-07-01
Law Pragmatism And Democracy written by Richard A. Posner 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 2009-07-01 with Law categories.
Posner argues for a conception of the liberal state based on pragmatic theories of government. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections.
Pragmatism Law And Literature
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Author : David Kenny
language : en
Publisher: Taylor & Francis
Release Date : 2024-08-06
Pragmatism Law And Literature written by David Kenny and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-06 with Law categories.
This book uses literary examples to make the case for understanding law and the legal system through the lens of philosophical pragmatism. For pragmatists, experience is everything; they argue against understanding the world through any abstraction, maintaining that it is simply too complicated to fit into categories or theories. Legal pragmatism is the application of this philosophy to the making of law, the practice of law, and the practice of judging. This book maintains that the best way to understand legal pragmatism is not through bare theoretical exegesis but through literature: that is, through stories that cast light on various pragmatic aspects of law. Engaging a range of literary sources, including works by Seamus Heaney, Hilary Mantel, Harper Lee, and Ian McEwan, the book makes a compelling case for the contemporary relevance of pragmatism. This book will appeal to legal theorists, law and literature/humanities scholars, readers of literary criticism, and those with interests in pragmatist philosophy.
Pragmatism Logic And Law
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Author : Frederic Kellogg
language : en
Publisher: Bloomsbury Publishing PLC
Release Date : 2020-12-10
Pragmatism Logic And Law written by Frederic Kellogg and has been published by Bloomsbury Publishing PLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-10 with Law categories.
Pragmatism, Logic and Law offers a view of legal pragmatism consistent with pragmatism writ large, tracing it from origins in late 19th century America to the present, covering various issues, legal cases, personalities, and relevant intellectual movements within and outside law. It addresses pragmatism’s relation to legal liberalism, legal positivism, natural law, critical legal studies (CLS), and post-Rorty “neopragmatism.” It views legal pragmatism as an exemplar of pragmatism’s general contribution to logical theory, which bears two connections to the western philosophical tradition: first, it extends Francis Bacon’s empiricism into contemporary aspects of scientific and legal experience, and second, it is an explicitly social reconstruction of logical induction. Both notions were articulated by John Dewey, and both emphasize the social or corporate element of human inquiry. Empiricism is informed by social as well as individual experience (which includes the problems of conflict and consensus). Rather than following the Aristotelian model of induction as immediate inference from particulars to generals, a model that assumes a consensual objective viewpoint, pragmatism explores the actual, and extended, process of corporate inference from particular experience to generalization, in law as in science. This includes the necessary process of resolving disagreement and finding similarity among relevant particulars.
Habermas And Pragmatism
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Author : Mitchell Aboulafia
language : en
Publisher: Psychology Press
Release Date : 2002
Habermas And Pragmatism written by Mitchell Aboulafia and has been published by Psychology Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Philosophy categories.
Investigates the influences of pragmatism on Habermas' thought. The essays cover subjects including philosophy of language, democracy, nature of rationality and social theory.
The Revival Of Pragmatism
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Author : Morris Dickstein
language : en
Publisher: Duke University Press
Release Date : 1998-11-23
The Revival Of Pragmatism written by Morris Dickstein and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-11-23 with Philosophy categories.
Although long considered the most distinctive American contribution to philosophy, pragmatism—with its problem-solving emphasis and its contingent view of truth—lost popularity in mid-century after the advent of World War II, the horror of the Holocaust, and the dawning of the Cold War. Since the 1960s, however, pragmatism in many guises has again gained prominence, finding congenial places to flourish within growing intellectual movements. This volume of new essays brings together leading philosophers, historians, legal scholars, social thinkers, and literary critics to examine the far-reaching effects of this revival. As the twenty-five intellectuals who take part in this discussion show, pragmatism has become a complex terrain on which a rich variety of contemporary debates have been played out. Contributors such as Richard Rorty, Stanley Cavell, Nancy Fraser, Robert Westbrook, Hilary Putnam, and Morris Dickstein trace pragmatism’s cultural and intellectual evolution, consider its connection to democracy, and discuss its complex relationship to the work of Emerson, Nietzsche, and Wittgenstein. They show the influence of pragmatism on black intellectuals such as W. E. B. Du Bois, explore its view of poetic language, and debate its effects on social science, history, and jurisprudence. Also including essays by critics of the revival such as Alan Wolfe and John Patrick Diggins, the volume concludes with a response to the whole collection from Stanley Fish. Including an extensive bibliography, this interdisciplinary work provides an in-depth and broadly gauged introduction to pragmatism, one that will be crucial for understanding the shape of the transformations taking place in the American social and philosophical scene at the end of the twentieth century. Contributors. Richard Bernstein, David Bromwich, Ray Carney, Stanley Cavell, Morris Dickstein, John Patrick Diggins, Stanley Fish, Nancy Fraser, Thomas C. Grey, Giles Gunn, Hans Joas, James T. Kloppenberg, David Luban, Louis Menand, Sidney Morgenbesser, Richard Poirier, Richard A. Posner, Ross Posnock, Hilary Putnam, Ruth Anna Putnam, Richard Rorty, Michel Rosenfeld, Richard H. Weisberg, Robert B. Westbrook, Alan Wolfe
Pragmatism And Law
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Author : Michal Alberstein
language : en
Publisher: Routledge
Release Date : 2017-03-02
Pragmatism And Law written by Michal Alberstein and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.
Pragmatism and Law provides a textual reading of the American legal discourse, as it unfolds through various genres of pragmatism, which evolve and transform during the twentieth century. The historical narrative, which the book weaves, traces the transformation of the pragmatic idea from the forefront of philosophical intellectual inquiries at the turn of the twentieth century to a common sense lawyers’ practical rule of action at the turn of the twenty-first century. During this sequence, a fresh look at American history and legal history in particular is offered through the emphasis on recurring discursive structures which assume incommensurable treatments of basic liberal notions like justice, politics, and truth. Underlying the writing is an interpretative mode of inquiry, based on European post-structural methodologies, while claiming to represent their next intellectual phase. This contemporary mode of inquiry is that of a reading which insists on healing through the paradoxes. It is the same mode that sets, in the author’s view, the updated interpretative model of dispute resolution studies.
Realistic Socio Legal Theory
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Author : Brian Z. Tamanaha
language : en
Publisher: Oxford University Press
Release Date : 1997
Realistic Socio Legal Theory written by Brian Z. Tamanaha 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 1997 with Law categories.
Combining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area. Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear and concise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.