Wittgenstein And Legal Theory
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Wittgenstein And Legal Theory
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Author : Dennis M. Patterson
language : en
Publisher: Westview Press
Release Date : 1992-02-25
Wittgenstein And Legal Theory written by Dennis M. Patterson and has been published by Westview Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992-02-25 with Law categories.
Wittgenstein And Legal Theory
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Author : Peter P. H. Lin
language : en
Publisher:
Release Date : 1991
Wittgenstein And Legal Theory written by Peter P. H. Lin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Law categories.
Law S Premises Law S Promise
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Author : Thomas Morawetz
language : en
Publisher: Routledge
Release Date : 2019-07-16
Law S Premises Law S Promise written by Thomas Morawetz and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-16 with Social Science categories.
This title was first published in 2000: The author is a legal and moral philosopher who has applied the insight and methods of Wittgenstein to a range of topics in constitutional law, criminal law and theories of justice. This collection offers his most important and influential essays, together with an introductory essay which reviews and develops his contribution to legal and moral philosophy.
Wittgenstein And Law
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Author : Dennis Michael Patterson
language : en
Publisher: Routledge
Release Date : 2004
Wittgenstein And Law written by Dennis Michael Patterson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
The papers collected in this volume reflect a focus on the continuing relevance and importance of Wittgenstein's work for philosophy in general, and legal theory in particular.
Meaning Mind And Law
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Author : Dennis Michael Patterson
language : en
Publisher: Lund Humphries Publishers
Release Date : 2008
Meaning Mind And Law written by Dennis Michael Patterson and has been published by Lund Humphries Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
In this important collection of papers, Dennis Patterson continues to show the importance of Wittgenstein's thought for problems in legal theory. Ranging across issues in the philosophy of mind to questions of meaning and normativity, this collection of papers is essential reading for anyone with an interest in legal theory.
Interpretation And Legal Theory
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Author : Andrei Marmor
language : en
Publisher: Bloomsbury Publishing
Release Date : 2005-04-25
Interpretation And Legal Theory written by Andrei Marmor and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-04-25 with Law categories.
This is a revised and extensively rewritten edition of one of the most influential monographs on legal philosophy published in recent years. Writing in the introduction to the first edition the author characterized Anglophone philosophers as being ..."divided, and often waver[ing] between two main philosophical objectives: the moral evaluation of law and legal institutions, and an account of its actual nature." Questions of methodology have therefore tended to be sidelined, but were bound to surface sooner or later, as they have in the later work of Ronald Dworkin. The main purpose of this book is to provide a critical assessment of Dworkin's methodological turn, away from analytical jurisprudence towards a theory of interpretation, and the issues it gives rise to. The author argues that the importance of Dworkin's interpretative turn is not that it provides a substitute for 'semantic theories of law' (a dubious concept), but that it provides a new conception of jurisprudence, aiming to present itself as a comprehensive rival to the conventionalism manifest in legal positivism. Furthermore, once the interpretative turn is regarded as an overall challenge to conventionalism, it is easier to see why it does not confine itself to a critique of method. Law as interpretation calls into question the main tenets of its positivist rival, in substance as well as method. The book re-examines conventionalism in the light of this interpretative challenge.
Wittgenstein On Rules
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Author : Scott Hershovitz
language : en
Publisher:
Release Date : 2010
Wittgenstein On Rules written by Scott Hershovitz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
Ludwig Wittgenstein's work on rules has been put to a variety of uses by legal theorists. One wave of theorists employs Wittgenstein in an effort to show that law is radically indeterminate. They base their arguments on Saul Kripke's influential reading of Wittgenstein's Philosophical Investigations. This essay begins with a consideration of Kripke's view and its implications for law. Like many before, I conclude that Kripke's view is defective, and as such teaches us little about law. But it is important to explore the view in detail nonetheless, because only by doing so can we understand the mistakes of the second wave of theorists who employ Wittgenstein's remarks on rules in jurisprudential argument. The second wave includes Brian Bix and Andrei Marmor, who turn to Wittgenstein's remarks on rules to explain how it is that law can be determinate and also to show that law can often be understood without interpretation. I argue that both Bix and Marmor fail, and more importantly, that Wittgenstein's remarks on rules have little to offer legal theory. Nothing much can be learned about legal rules or legal interpretation by attending to Wittgenstein's remarks, because they were aimed at wholly different phenomena.
Law Language And Legal Determinacy
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Author : Brian Bix
language : en
Publisher: Oxford University Press, USA
Release Date : 1993
Law Language And Legal Determinacy written by Brian Bix 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 1993 with Law categories.
The author discusses the role of language within law, and the role of philosophy of language in understanding the nature of law. He argues that the major re-thinking of the common and `common sense' views about law that have been proposed by various recent legal theorists are unnecessary.
Reasoning With Law
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Author : Andrew Halpin
language : en
Publisher: Hart Publishing
Release Date : 2001-12-31
Reasoning With Law written by Andrew Halpin and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-12-31 with Law categories.
This book attempts to demonstrate how the problems of understanding legal reasoning replicate difficulties encountered in the philosophy of language. At the same time, it challenges the attempts that have been made to harness approaches from within that discipline to illuminate legal reasoning. An introductory section deals with some preliminary matters in considering the nature of the relationship between legal theory and the practice of law, the scope of legal reasoning, and the role of the judge. Then the suggestion is made that the practice at the heart of legal reasoning is itself a manifestation of the way in which the limitations of language and the incompleteness of human experience at the same time provide the opportunity for coherent development, as well as displaying an inherent instability. The final section considers some of the implications of this suggestion for the practice of legal definition, an institutional approach to law, the general possibility of providing a theoretical model of law, and the nature of law's critical aperture.
Law Truth And Reason
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Author : Raimo Siltala
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-07-29
Law Truth And Reason written by Raimo Siltala 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 2011-07-29 with Law categories.
This book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wróblewski ́s three ideologies (bound/free/legal and rational) and Makkonen ́s three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth serving as a reference, the frames of legal analysis include the isomorphic theory of law (Wittgenstein, Makkonen), the coherence theory of law (Alexy, Peczenik, Dworkin), the new rhetoric and legal argumentation theory (Perelman, Aarnio), social consequentialism (Posner), natural law theory (Fuller, Finnis), and the sequential model of legal reasoning by Neil MacCormick and the Bielefelder Kreis. At the end, some key issues of legal metaphysics are addressed, like the notion of legal systematics and the future potential of the analytical approach in jurisprudence.