Rightness And Reasons
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Motive And Rightness
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Author : Steven Sverdlik
language : en
Publisher: OUP Oxford
Release Date : 2011-01-27
Motive And Rightness written by Steven Sverdlik and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-27 with Philosophy categories.
This is the first book to answer the question: Does the motive of an action ever make a difference to whether that action is morally right or wrong? Sverdlik's answer is yes. He analyses the nature of motives and their relation to normative judgements and intentions, and argues that consequentialism gives the best account of these matters.
Law And Legal Interpretation
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Author : Fernando Atria Lemaitre
language : en
Publisher: Routledge
Release Date : 2017-11-01
Law And Legal Interpretation written by Fernando Atria Lemaitre and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-01 with Social Science categories.
This title was first published in 2003. Leading contemporary essays on interpretation are assembled in this volume, which offsets them against a small number of "classical" works from earlier periods. It has long been recognized that textual sources (constitutions, statutes, precedents, commentaries) are central to developed systems of law and that interpretation of such texts is one highly important element in adjudication, legal practice and legal scholarship. Scholars have also contended that the totality of legal activity is "interpretive" in a wider sense and debates about objectivity have raged. The reasons for this development are here critically scrutinized.
Rightness As Fairness
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Author : Marcus Arvan
language : en
Publisher: Springer
Release Date : 2016-03-29
Rightness As Fairness written by Marcus Arvan and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-29 with Philosophy categories.
Rightness as Fairness provides a uniquely fruitful method of 'principled fair negotiation' for resolving applied moral and political issues that requires merging principled debate with real-world negotiation.
The Jurisprudence Of Law S Form And Substance
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Author : Robert S. Summers
language : en
Publisher: Routledge
Release Date : 2018-04-27
The Jurisprudence Of Law S Form And Substance written by Robert S. Summers and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-27 with Law categories.
This title was first published in 2000: Robert S. Summers is a distinguished legal theorist whose work has had significant influence in Europe as well as the United States. The study of form and substance in law, the theme of this collection, marks many of his most distinctive contributions to law and legal philosophy over four decades.
Taking Utilitarianism Seriously
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Author : Christopher Woodard
language : en
Publisher: Oxford University Press
Release Date : 2019-09-06
Taking Utilitarianism Seriously written by Christopher Woodard 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 2019-09-06 with Philosophy categories.
Utilitarianism is the idea that ethics is ultimately about what makes people's lives go better. While utilitarian ideas remain highly influential in politics and culture, they are subject to many well-developed philosophical criticisms, such as the claim that utilitarianism requires too much of us and the view that it does not respect individuals' rights. The theory is widely thought by philosophers to be the least plausible form of consequentialism, hampered by its excessive simplicity. In Taking Utilitarianism Seriously, Christopher Woodard argues that it is not defeated by the standard objections. He presents a new and rich version of utilitarianism that can answer all six commons objections plausibly and, in doing so, launches a state-of-the-art defence of the utilitarian tradition, which has greater resources than its critics have often assumed. Far from being excessively simple, utilitarianism is able to account for much of the complexity and nuance of everyday ethical thought. And rather than being quickly dismissed, utilitarian approaches to moral and political philosophy are due for renewed development and discussion.
Law Morality And Rights
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Author : M.A. Stewart
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-04-17
Law Morality And Rights written by M.A. Stewart 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 2013-04-17 with Philosophy categories.
The Royal Institute of Philosophy has been sponsoring conferences in alternate years since 1969. These have from the start been intended to be of interest to persons who are not philosophers by profession. They have mainly focused on interdisciplinary areas such as the philosophies of psychology, education and the social sciences. The volumes arising from these conferences have in cluded discussions between philosophers and distinguished prac titioners of other disciplines relevant to the chosen topic. Beginning with the 1979 conference on 'Law, Morality and Rights' and the 1981 conference on 'Space, Time and Causality' these volumes are now constituted as a series. It is hoped that this series will contribute to advancing philosophical understanding at the frontiers of philosophy and areas of interest to non-philos ophers. It is hoped that it will do so by writing which reduces technicalities as much as the subject-matter permits. In this way the series is intended to demonstrate that philosophy can be clear and worthwhile in itself and at the same time relevant to the interests of lay people.
On Law And Reason
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Author : Aleksander Peczenik
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-01-12
On Law And Reason written by Aleksander Peczenik 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 2014-01-12 with Law categories.
'This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.’ These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the book’s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (‘defeasible’) logics for the analysis of legal reasoning. In the new Introduction to this second edition, thisaspect is explored in some more detail.
Equitable Law Of Contracts
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Author : Larry DiMatteo
language : en
Publisher: BRILL
Release Date : 2021-10-25
Equitable Law Of Contracts written by Larry DiMatteo and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-25 with Law categories.
This remarkable study places the modern development of equitable contract principles on a firm theoretical foundation. The text shows that the idea of the just and equitable contract has never been entirely absent from contract law, and that its persistence in various guises, albeit often in a covert manner, has in fact been the essential element in judicial enforcement of contracts since Roman times. In support of his thesis Professor DiMatteo plumbs the deepest currents of common law and civil law practice in every age, showing how the principles of justice formulated by Aristotle, Augustine, Aquinas, Kant, Hegel, Weber, and other influential thinkers have become manifest in such underlying equitable contract principles as "just price," unconscionability, and reasonableness. A classroom adoption price is available. Published under the Transnational Publishers imprint.
The Rational As Reasonable
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Author : Aulis Aarnio
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
The Rational As Reasonable written by Aulis Aarnio 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.
During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowned scholars. Legal philosophy should not be considered a narrowly circumscribed field. Insights into law and legal institutions can come from diverse disciplines on a wide range of topics. Among the relevant disciplines or perspectives con tributing to legal philosophy, besides law and philosophy, are anthropology, economics, political science, and sociology. Among the topics included in legal philosophy are theories of law; the concepts of law and legal institutions; legal reasoning and adjudication; epistemological issues of evidence and pro cedure; law and justice, economics, politics, or morality; legal ethics; and theories oflegal fields such as criminal law, contracts, and property.
A Theory Of Legal Sentences
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Author : Manuel Atienza
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
A Theory Of Legal Sentences written by Manuel Atienza 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.
Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.