Problems Of Normativity Rules And Rule Following
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Problems Of Normativity Rules And Rule Following
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Author : Michał Araszkiewicz
language : en
Publisher: Springer
Release Date : 2014-11-07
Problems Of Normativity Rules And Rule Following written by Michał Araszkiewicz and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-07 with Law categories.
This book focuses on the problems of rules, rule-following and normativity as discussed within the areas of analytic philosophy, linguistics, logic and legal theory. Divided into four parts, the volume covers topics in general analytic philosophy, analytic legal theory, legal interpretation and argumentation, logic as well as AI& Law area of research. It discusses, inter alia, “Kripkenstein’s” sceptical argument against rule-following and normativity of meaning, the role of neuroscience in explaining the phenomenon of normativity, conventionalism in philosophy of law, normativity of rules of interpretation, some formal approaches towards rules and normativity as well as the problem of defeasibility of rules. The aim of the book is to provide an interdisciplinary approach to an inquiry into the questions concerning rules, rule-following and normativity.
From Rules To Meanings
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Author : Ondřej Beran
language : en
Publisher: Routledge
Release Date : 2018-01-31
From Rules To Meanings written by Ondřej Beran and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-31 with Philosophy categories.
Inferentialism is a philosophical approach premised on the claim that an item of language (or thought) acquires meaning (or content) in virtue of being embedded in an intricate set of social practices normatively governed by inferential rules. Inferentialism found its paradigmatic formulation in Robert Brandom’s landmark book Making it Explicit, and over the last two decades it has established itself as one of the leading research programs in the philosophy of language and the philosophy of logic. While Brandom’s version of inferentialism has received wide attention in the philosophical literature, thinkers friendly to inferentialism have proposed and developed new lines of inquiry that merit wider recognition and critical appraisal. From Rules to Meaning brings together new essays that systematically develop, compare, assess and critically react to some of the most pertinent recent trends in inferentialism. The book’s four thematic sections seek to apply inferentialism to a number of core issues, including the nature of meaning and content, reconstructing semantics, rule-oriented models and explanations of social practices and inferentialism’s historical influence and dialogue with other philosophical traditions. With contributions from a number of distinguished philosophers—including Robert Brandom and Jaroslav Peregrin—this volume is a major contribution to the philosophical literature on the foundations of logic and language.
The Making Of Constitutional Democracy
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Author : Paolo Sandro
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-01-27
The Making Of Constitutional Democracy written by Paolo Sandro and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-27 with Law categories.
This open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Contemporary Perspectives On Legal Obligation
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Author : Stefano Bertea
language : en
Publisher: Routledge
Release Date : 2020-07-27
Contemporary Perspectives On Legal Obligation written by Stefano Bertea and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-27 with Law categories.
Bringing together world-class scholars who have devoted themselves to the study of legal obligation, this book addresses key dimensions of the current debate: providing novel insights and perspectives, as well as critically discussing the leading theories of legal obligation. The notion of legal obligation is widely regarded as fundamental by both legal practitioners and legal theorists. For the language that explicitly refers to obligation is pervasive insofar as paradigmatic legal materials make reference to obligation either directly, by specifying what a subject is obligated to do, or indirectly, by attributing rights, privileges, powers, permissions, and other normative statuses to both single individuals and groups. There is, then, broad agreement that obligation constitutes a central element in legal studies. At the same time, however, there is considerable disagreement among contemporary legal theorists about how legal obligation can or should be elucidated. This book accounts for both the significance of obligation in law and the variety of views of legal obligation championed in legal philosophy today. With contributions from renowned theorists, this book will be invaluable for scholars and students of legal theory, legal philosophy, and jurisprudence.
Legal Knowledge And Information Systems
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Author : F. Bex
language : en
Publisher: IOS Press
Release Date : 2016-12
Legal Knowledge And Information Systems written by F. Bex and has been published by IOS Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12 with Computers categories.
As with almost every other part of our daily lives, information technology is now indispensable in the legal sphere. The variety of applications has grown, keeping pace with developments in the wider field of artificial intelligence: logic and argument have been joined by statistical methods and data, and knowledge engineering has been enriched by machine learning. This book presents the papers delivered at the 29th International Conference on Legal Knowledge and Information Systems – JURIX 2016, held in Nice, France, in December 2016. From the 56 submissions received for the conference, 11 were selected for publication as full papers, 10 as short papers, and 10 as posters, which are included in the proceedings for the first time. The papers address a wide range of topics at the interface of Artificial Intelligence (AI) and Law, such as argumentation, norms and evidence, network science, information retrieval, and natural language processing. Many of the theories and technologies explored in the papers are drawn from real-life materials, including cases brought before the European Court of Human Rights, Dutch and Greek legal texts, and international investment agreements and contracts. Reflecting the many facets and the interdisciplinary character of AI and Law, the book will be of interest to all those whose work involves them in these fields.
Handbook Of Legal Reasoning And Argumentation
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Author : Giorgio Bongiovanni
language : en
Publisher: Springer
Release Date : 2018-07-02
Handbook Of Legal Reasoning And Argumentation written by Giorgio Bongiovanni and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-02 with Philosophy categories.
This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.
Conceptual Jurisprudence
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Author : Jorge Luis Fabra-Zamora
language : en
Publisher: Springer Nature
Release Date : 2021-09-01
Conceptual Jurisprudence written by Jorge Luis Fabra-Zamora and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-01 with Law categories.
This book brings together leading legal theorists to present original philosophical work on the concept of law - the central question of jurisprudence. It covers five broad topics: firstly it addresses debates concerning the methodology of jurisprudence. In Part II it focuses on the notion of a legal system and its coercive nature, while Part III explores the relationships between law and morality, the traditional point of contention between positivist and non-positivist theories of law. Part IV then examines questions regarding law’s normative character and relationships with practical reason. Lastly, the final part introduces two novel theoretical approaches to conceptual jurisprudence.
Jurisprudence In The Mirror
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Author : Luka Burazin
language : en
Publisher: Oxford University Press
Release Date : 2024-09-11
Jurisprudence In The Mirror 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 2024-09-11 with Law categories.
There is something quite puzzling about the global conversation on jurisprudence. On the one hand, jurisprudence is supposed to deal with abstract questions concerning the nature, structure, and distinctive features of the law. These questions are not tightly associated with, or dependent on, the particular legal practices in one jurisdiction or another. But, on the other hand, it seems that jurisprudents are tacitly affected by their background institutional context: there is an evident divide between theorizing about the law in the civil law world and in the common law world. Jurisprudence in the Mirror: The Common Law World Meets the Civil Law World systematically presents the major achievements of contemporary civil law jurisprudence to the common law world and bridges the gap in analytic jurisprudence as it is currently practiced in the two traditions. The volume seeks to bring different voices to the table and overcome the cultural and linguistic divides that have created barriers in philosophical exchanges. The book's structure is dialogical: it includes twelve essays written by prominent and influential jurisprudents from the civil law world, each followed by a response by a jurisprudent from the common law world. This approach highlights what the two worlds share, where they part ways, and why. The varied contributions reveal how their respective legal traditions shape fundamental legal concepts and jurisprudential debates and will be invaluable to readers from both the civil and common law worlds.
How Can Conceptual Content Be Social And Normative And At The Same Time Be Objective
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Author : Andrea Clausen
language : en
Publisher: Walter de Gruyter
Release Date : 2013-05-02
How Can Conceptual Content Be Social And Normative And At The Same Time Be Objective written by Andrea Clausen and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-02 with Philosophy categories.
In this book, Andrea Clausen intends to reconcile Kripke's point according to which conceptual content has to be considered as being constituted by social, normative practice - by a process of mutual assessments - with the view that the content of empirical assertions has to be conceived as objective. She criticizes approaches that explicate content-constitutive practice in non-normative terms, namely in terms of sanctioning behavior (Haugeland, Pettit, Esfeld). She also rejects a pragmatist reading of Heidegger that proceeds from thoroughly normative but pre-conceptual practice. She develops and defends a particular reading of an approach that conceives normative, conceptually articulated practice - giving and asking for reasons - as primitive (Brandom, McDowell).
Multilateral Compliance Mechanisms In Eu Environmental Law
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Author : Birgit Hollaus
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-07-01
Multilateral Compliance Mechanisms In Eu Environmental Law written by Birgit Hollaus and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-01 with Law categories.
Prompted by recent events in the EU’s international environmental cooperation, this thought-provoking book explores the establishment and use of multilateral environmental compliance mechanisms as part of the EU’s external environmental action. Expanding upon current discussions in external relations law, this timely book uses a doctrinal approach to analyse EU engagement with this key instrument of treaty-based international environmental governance.