Reasoning In Ethics And Law
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Reasoning In Ethics And Law
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Author : Albert W. Musschenga
language : en
Publisher: Routledge
Release Date : 2017-03-02
Reasoning In Ethics And Law written by Albert W. Musschenga 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 Philosophy categories.
Legal and moral reasoning share much methodology, and they address similar problems. This volume charts two shared problems: the relation between theory, principles and particular judgments; and the role of facts and factual assertions in normative settings. The relation between 'theory' and 'practice' and between 'principle' and 'particular judgment' has become the subject of much debate in moral philosophy. In the ongoing debate, some moral philosophers refer to legal philosophy for a support of their views on the primacy of 'practice' over 'theory'. According to them, legal philosophy should have a more balanced view in that relation. In the contributions to Part One this claim is critically analysed. The role of the facts is underestimated in discussions on legal reasoning and legal theory, as well as moral reasoning and ethical theory. Factual statements enter into moral and legal discussions not only because they link the conclusion with a rule. They also play a role as background assumptions in supporting a theory. Its focus on the role of facts in normative reasoning makes this book of special interest to scholars of legal and moral argumentation.
Moral And Legal Reasoning
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Author : Samuel J. Stoljar
language : en
Publisher: Springer
Release Date : 1980-06-18
Moral And Legal Reasoning written by Samuel J. Stoljar and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980-06-18 with Philosophy categories.
Moral And Legal Reasoning
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Author : Samuel Jacob Stoljar
language : en
Publisher:
Release Date : 1980
Moral And Legal Reasoning written by Samuel Jacob Stoljar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Law and ethics categories.
On Law And Legal Reasoning
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Author : Fernando Atria
language : en
Publisher: Bloomsbury Publishing
Release Date : 2002-08-07
On Law And Legal Reasoning written by Fernando Atria and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-08-07 with Law categories.
This book is about legal theory and legal reasoning. In particular,it seeks to examine the relations that obtain between law and a theory of law and legal reasoning and a theory of legal reasoning. Two features of law and legal reasoning are treated as being of particular importance in this regard: law is institutional, and legal reasoning is formal. These two features are so closely connected that it is reasonable to believe that in fact they are simply two ways of looking at the same issue. This becomes clearer as the focus of the book shifts from the institutional nature of law to the consequences of this for legal reasoning, and which is the principal focus of the book. The author received the European Academy of Legal Theory award in 2000 for the doctoral dissertation on which this work was based.
The Universal And The Particular In Legal Reasoning
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Author : Zenon Bankowski
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2006
The Universal And The Particular In Legal Reasoning written by Zenon Bankowski 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 2006 with Law categories.
It is twenty-five years since the publication of Neil MacCormick's book Legal Reasoning and Legal Theory, a book that has been in print continuously since its first publication. This book looks at how examining legal reasoning can bring up important theoretical and ethical issues, as MacCormick revisits the issues anew in his current work.
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.
Virtue Emotion And Imagination In Law And Legal Reasoning
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Author : Amalia Amaya
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-02-06
Virtue Emotion And Imagination In Law And Legal Reasoning written by Amalia Amaya and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-06 with Law categories.
What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law sentencing, the Black Lives Matter movement and professional ethics. A number of different areas of the law are addressed (eg criminal law, constitutional law and tort law) and the issues explored include: the benefits and limits of empathy in legal reasoning; the role of attention and perception in judicial reasoning;, the identification of judicial virtues (such as compassion and humility) and judicial vices (such as callousness and partiality); the values and dangers of certain imaginative devices (eg personification); and the interactive and social dimensions of virtue, emotion and imagination.
An Examination Of The Place Of Reason In Ethics
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Author : Stephen Edelston Toulmin
language : en
Publisher: CUP Archive
Release Date :
An Examination Of The Place Of Reason In Ethics written by Stephen Edelston Toulmin and has been published by CUP Archive this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Practical Reason In Law And Morality
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Author : Neil MacCormick
language : en
Publisher:
Release Date : 2008
Practical Reason In Law And Morality written by Neil MacCormick and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
This text offers a clear account of the philosophy of practical reason in ethics and legal theory. It explains how reasons relate to actions, the nature of values and their relation to reasons, and the relation of morality to legal reasoning.
Ethics Done Right
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Author : Elijah Millgram
language : en
Publisher: Cambridge University Press
Release Date : 2005-07-14
Ethics Done Right written by Elijah Millgram 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 2005-07-14 with Philosophy categories.
Examines how practical reasoning can be put into the service of ethical and moral theory.