What Makes Law

An Introduction to the Philosophy of Law
Author: Liam Murphy
Publisher: Cambridge University Press
ISBN: 0521834279
Category: Law
Page: 222
View: 5458

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This advanced introduction to central questions in legal philosophy attempts to breathe new life into stalled research.

An Introduction to Property Theory


Author: Gregory S. Alexander,Eduardo M. Peñalver
Publisher: Cambridge University Press
ISBN: 0521113652
Category: Law
Page: 234
View: 6136

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An introduction to the leading modern theories of property and applies those theories to concrete contexts in which property issues have been especially controversial.

An Introduction to Rights


Author: William A. Edmundson
Publisher: Cambridge University Press
ISBN: 1107378621
Category: Political Science
Page: N.A
View: 865

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An Introduction to Rights is a readable and accessible introduction to the history, logic, moral implications and political tendencies of the idea of rights. It is organized chronologically and discusses important historical events such as the French and American Revolutions. It treats a range of historical figures, including Grotius, Paley, Hobbes, Locke, Bentham, Burke, Godwin, Douglass, Mill and Hohfeld and relates the concept of rights to contemporary debates such as consequentialism versus contractualism. This thoroughly updated second edition includes a new preface and expands the discussion of the surprising role that slavery has played in the history of rights. It includes new material on egalitarianism, distributive justice and what the demand for equal rights means.

Normative Jurisprudence

An Introduction
Author: Robin West
Publisher: Cambridge University Press
ISBN: 1139504126
Category: Political Science
Page: N.A
View: 1032

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Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.

An Introduction to Ethics


Author: John Deigh
Publisher: Cambridge University Press
ISBN: 052177246X
Category: Philosophy
Page: 241
View: 5522

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This book examines the central questions of ethics through a study of the great ethical works of Western philosophy.

An Introduction to the Philosophy of Religion


Author: Michael J. Murray,Michael C. Rea
Publisher: Cambridge University Press
ISBN: 9781139469654
Category: Philosophy
Page: N.A
View: 6663

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An Introduction to the Philosophy of Religion provides a broad overview of the topics which are at the forefront of discussion in contemporary philosophy of religion. Prominent views and arguments from both historical and contemporary authors are discussed and analyzed. The book treats all of the central topics in the field, including the coherence of the divine attributes, theistic and atheistic arguments, faith and reason, religion and ethics, miracles, human freedom and divine providence, science and religion, and immortality. In addition it addresses topics of significant importance that similar books often ignore, including the argument for atheism from hiddenness, the coherence of the doctrines of the Trinity and the Incarnation, and the relationship between religion and politics. It will be a valuable accompaniment to undergraduate and introductory graduate-level courses.

Deontic Logic and Legal Systems


Author: Pablo E. Navarro,Jorge L. Rodríguez
Publisher: Cambridge University Press
ISBN: 0521767393
Category: Law
Page: 288
View: 2596

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"Logic and law have a long history in common, but the influence has been mostly one-sided, except perhaps in the 5th and 6th centuries B.C., where disputes at the market place or in tribunals in Greece seem to have stimulated a lot of reflection among sophistic philosophers on such topics as language and truth. Most of the time it was logic that influenced legal thinking, but in the last 50 years logicians began to be interested in normative concepts and hence in law"--

The Legal Relation

Legal Theory after Legal Positivism
Author: Alexander Somek
Publisher: Cambridge University Press
ISBN: 1108190987
Category: Law
Page: N.A
View: 5696

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What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another. We do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insight. In a legal context, we are cast as 'character masks' (Marx), for example, as 'buyer' and 'seller' or 'landlord' and 'tenant'. We expect to have our claims respected simply because the law has given us rights. We do not want to give any other reason for our behavior than the fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism.

A Theory of Property


Author: Stephen R. Munzer
Publisher: Cambridge University Press
ISBN: 1316583473
Category: Philosophy
Page: N.A
View: 3088

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This book represents a major new statement on the issue of property rights. It argues for the justification of some rights of private property while showing why unequal distributions of private property are indefensible. Three features of the book are especially salient: it offers a challenging new pluralist theory of justification; the argument integrates perceptive analyses of the great classical theorists Aristotle, Locke, Hegel and Marx with a discussion of contemporary philosophers such as Nozick and Rawls; and the author moves with assurance among philosophy, law and economics to present a very broad, interdisciplinary study.

Philosophical Foundations of Contract Law


Author: Gregory Klass,George Letsas,Prince Saprai
Publisher: OUP Oxford
ISBN: 019102208X
Category: Law
Page: 500
View: 6317

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In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.

Agro-Technology

A Philosophical Introduction
Author: R. Paul Thompson
Publisher: Cambridge University Press
ISBN: 1139503790
Category: Science
Page: N.A
View: 718

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Humans have been modifying plants and animals for millennia. The dawn of molecular genetics, however, has kindled intense public scrutiny and controversy. Crops, and the food products which include them, have dominated molecular modification in agriculture. Organisations have made unsubstantiated claims and scare mongering is common. In this textbook Paul Thompson presents a clear account of the significant issues - identifying harms and benefits, analysing and managing risk - which lie beneath the cacophony of public controversy. His comprehensive analysis looks especially at genetically modified organisms, and includes an explanation of the scientific background, an analysis of ideological objections, a discussion of legal and ethical concerns, a suggested alternative - organic agriculture - and an examination of the controversy's impact on sub-Saharan African countries. His book will be of interest to students and other readers in philosophy, biology, biotechnology and public policy.

Deontic Logic and Legal Systems


Author: Pablo E. Navarro,Jorge L. Rodríguez
Publisher: Cambridge University Press
ISBN: 0521767393
Category: Law
Page: 288
View: 9579

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"Logic and law have a long history in common, but the influence has been mostly one-sided, except perhaps in the 5th and 6th centuries B.C., where disputes at the market place or in tribunals in Greece seem to have stimulated a lot of reflection among sophistic philosophers on such topics as language and truth. Most of the time it was logic that influenced legal thinking, but in the last 50 years logicians began to be interested in normative concepts and hence in law"--

Law as a Means to an End

Threat to the Rule of Law
Author: Brian Z. Tamanaha
Publisher: Cambridge University Press
ISBN: 1139459228
Category: Law
Page: N.A
View: 4997

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The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.

An Introduction to Metaphysics


Author: John W. Carroll,Ned Markosian
Publisher: Cambridge University Press
ISBN: 0521826292
Category: Philosophy
Page: 267
View: 9315

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Discusses and invites students to reflect on topics such as causation, freedom and determinism, laws of nature, and material objects.

Introduction to Classical Legal Rhetoric

A Lost Heritage
Author: Michael H. Frost
Publisher: Routledge
ISBN: 1351926322
Category: Law
Page: 170
View: 8083

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Lawyers, law students and their teachers all too frequently overlook the most comprehensive, adaptable and practical analysis of legal discourse ever devised: the classical art of rhetoric. Classical analysis of legal reasoning, methods and strategy is the foundation and source for most modern theories on the topic. Beginning with Aristotle's Rhetoric and culminating with Cicero's De Oratore and Quintilian's Institutio Oratoria, Greek and Roman rhetoricians created a clear, experience-based theoretical framework for analyzing legal discourse. This book is the first to systematically examine the connections between classical rhetoric and modern legal discourse. It traces the history of legal rhetoric from the classical period to the present day and shows how modern theorists have unknowingly benefited from the classical works. It also applies classical rhetorical principles to modern appellate briefs and judicial opinions to demonstrate how a greater familiarity with the classical sources can deepen our understanding of legal reasoning.

An Introduction to the Philosophy of Science


Author: Rudolf Carnap
Publisher: Courier Corporation
ISBN: 0486140865
Category: Science
Page: 336
View: 1213

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Stimulating, thought-provoking text by one of the 20th century's most creative philosophers makes accessible such topics as probability, measurement and quantitative language, causality and determinism, theoretical laws and concepts, more.

Contract Law

Rules, Theory, and Context
Author: Brian Bix,Brian H. Bix
Publisher: Cambridge University Press
ISBN: 0521850460
Category: Law
Page: 202
View: 7774

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This book offers an accessible introduction to all aspects of American contract law, useful to both first-year law students and advanced contract scholars. The book takes the reader from contract formation through interpretation and remedies, considering both the practical and theoretical aspects throughout.

The Cambridge Companion to Foucault


Author: Gary Gutting
Publisher: Cambridge University Press
ISBN: 1107494974
Category: Philosophy
Page: 488
View: 1827

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For Michel Foucault, philosophy was a way of questioning the allegedly necessary truths that underpin the practices and institutions of modern society. He carried this out in a series of deeply original and strikingly controversial studies on the origins of modern medical and social scientific disciplines. These studies have raised fundamental questions about the nature of human knowledge and its relation to power structures, and have become major topics of discussion throughout the humanities and social sciences. The essays in this volume provide a comprehensive overview of Foucault's major themes and texts, from his early work on madness through his history of sexuality. Special attention is also paid to thinkers and movements, from Kant through current feminist theory, that are particularly important for understanding his work and its impact. This revised edition contains five new essays and revisions of many others, and the extensive bibliography has been updated.

Why Law Matters


Author: Alon Harel
Publisher: Oxford University Press
ISBN: 019964327X
Category: Law
Page: 240
View: 8980

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Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.