Approaches To Legal Rationality

Author : Dov M. Gabbay
Publisher : Springer Science & Business Media
ISBN 13 : 9048195888
Total Pages : 419 pages
Book Rating : 4.86/5 ( download)

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Download or read book Approaches to Legal Rationality written by Dov M. Gabbay and published by Springer Science & Business Media. This book was released on 2010-10-04 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal theory, political sciences, sociology, philosophy, logic, artificial intelligence: there are many approaches to legal argumentation. Each of them provides specific insights into highly complex phenomena. Different disciplines, but also different traditions in disciplines (e.g. analytical and continental traditions in philosophy) find here a rare occasion to meet. The present book contains contributions, both historical and thematic, from leading researchers in several of the most important approaches to legal rationality. One of the main issues is the relation between logic and law: the way logic is actually used in law, but also the way logic can make law explicit. An outstanding group of philosophers, logicians and jurists try to meet this issue. The book is more than a collection of papers. However different their respective conceptual tools may be, the authors share a common conception: legal argumentation is a specific argumentation context.

Author : Karen Schweers Cook
Publisher : University of Chicago Press
ISBN 13 : 0226742415
Total Pages : 436 pages
Book Rating : 4.10/5 ( download)

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Download or read book The Limits of Rationality written by Karen Schweers Cook and published by University of Chicago Press. This book was released on 2008-10-03 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prevailing economic theory presumes that agents act rationally when they make decisions, striving to maximize the efficient use of their resources. Psychology has repeatedly challenged the rational choice paradigm with persuasive evidence that people do not always make the optimal choice. Yet the paradigm has proven so successful a predictor that its use continues to flourish, fueled by debate across the social sciences over why it works so well. Intended to introduce novices to rational choice theory, this accessible, interdisciplinary book collects writings by leading researchers. The Limits of Rationality illuminates the rational choice paradigm of social and political behavior itself, identifies its limitations, clarifies the nature of current controversies, and offers suggestions for improving current models. In the first section of the book, contributors consider the theoretical foundations of rational choice. Models of rational choice play an important role in providing a standard of human action and the bases for constitutional design, but do they also succeed as explanatory models of behavior? Do empirical failures of these explanatory models constitute a telling condemnation of rational choice theory or do they open new avenues of investigation and theorizing? Emphasizing analyses of norms and institutions, the second and third sections of the book investigate areas in which rational choice theory might be extended in order to provide better models. The contributors evaluate the adequacy of analyses based on neoclassical economics, the potential contributions of game theory and cognitive science, and the consequences for the basic framework when unequal bargaining power and hierarchy are introduced.

Author : Aulis Aarnio
Publisher : Springer Science & Business Media
ISBN 13 : 9400947003
Total Pages : 293 pages
Book Rating : 4.09/5 ( download)

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Download or read book The Rational as Reasonable written by Aulis Aarnio and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Mark C. Murphy
Publisher : Cambridge University Press
ISBN 13 : 9780521802291
Total Pages : 306 pages
Book Rating : 4.96/5 ( download)

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Download or read book Natural Law and Practical Rationality written by Mark C. Murphy and published by Cambridge University Press. This book was released on 2001-06-11 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: A defense of a contemporary natural law theory of practical rationality.

Author : Sebastián Urbina
Publisher : Springer Science & Business Media
ISBN 13 : 9401728461
Total Pages : 239 pages
Book Rating : 4.61/5 ( download)

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Download or read book Reason, Democracy, Society written by Sebastián Urbina and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reason, Democracy, Society deals with basic points of legal theory and philosophy of law. The main contention of the book relates to the insufficiencies of the legal positivistic approach. Some of its claims are that we must sharply separate what the law is from, what the law ought to be, and that we can know what the law is without appealing to meta-legal considerations. These and other claims are criticized. The author shows that with the legal positivistic approach we cannot know, in all cases, what the law is, if that is equated to the rules posited by the legislator. He also challenges H.L.A. Hart's and MacCormick's points of view, amongst others, about the characteristic corner stones of legal positivism. Some other issues relate to human rights, legal rationality and efficiency and ethics. This book will be of interest to philosophers concerned with law or ethics, those concerned with justice in modern society and to jurists and law students.

Author : Aleksander Peczenik
Publisher : Springer Science & Business Media
ISBN 13 : 1402083815
Total Pages : 455 pages
Book Rating : 4.15/5 ( download)

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Download or read book On Law and Reason written by Aleksander Peczenik and published by Springer Science & Business Media. This book was released on 2014-01-12 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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, this aspect is explored in some more detail.

Author : Luc J. Wintgens
Publisher : Springer Science & Business Media
ISBN 13 : 3319000624
Total Pages : 256 pages
Book Rating : 4.26/5 ( download)

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Download or read book The Rationality and Justification of Legislation written by Luc J. Wintgens and published by Springer Science & Business Media. This book was released on 2013-06-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays collected in this book address legislation from the viewpoint of legal theory and provide an overview of current research in legisprudence as a new scholarly approach to lawmaking. The overall focus of the volume is on the justification of legislation, with a special emphasis on the intricate notion of legislative rationality. With the rational justification of legislation as their central theme, the essays elaborate on the foundations and bounds of legislation and the search for a more principled lawmaking, discuss the role of legislation within the framework of democratic constitutionalism, analyze legislation as implementation of constitutional law, and explore how legislative argumentation in parliament can be construed as a source of justification of laws.​

Author : John Sutton
Publisher : Pine Forge Press
ISBN 13 : 9780761987055
Total Pages : 324 pages
Book Rating : 4.53/5 ( download)

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Download or read book Law/Society written by John Sutton and published by Pine Forge Press. This book was released on 2001 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: A core text for the Law and Society or Sociology of Law course offered in Sociology, Criminal Justice, Political Science, and Schools of Law. * John Sutton offers an explicitly analytical perspective to the subject - how does law change? What makes law more or less effective in solving social problems? What do lawyers do? * Chapter 1 contrasts normative and sociological perspectives on law, and presents a brief primer on the logic of research and inference as it is applied to law related issues. * Theories of legal change are discussed within a common conceptual framework that highlights the explantory strengths and weaknesses of different arguments. * Discussions of "law in action" are explicitly comparative, applying a consistent model to explain the variable outcomes of civil rights legislation. * Many concrete, in-depth examples throughout the chapters.

Author : Robert Hanna
Publisher : MIT Press
ISBN 13 : 0262263114
Total Pages : 341 pages
Book Rating : 4.15/5 ( download)

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Download or read book Rationality and Logic written by Robert Hanna and published by MIT Press. This book was released on 2009-01-23 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An argument that logic is intrinsically psychological and human psychology is intrinsically logical, and that the connection between human rationality and logic is both constitutive and mutual. In Rationality and Logic, Robert Hanna argues that logic is intrinsically psychological and that human psychology is intrinsically logical. He claims that logic is cognitively constructed by rational animals (including humans) and that rational animals are essentially logical animals. In order to do so, he defends the broadly Kantian thesis that all (and only) rational animals possess an innate cognitive "logic faculty." Hanna's claims challenge the conventional philosophical wisdom that sees logic as a fully formal or "topic-neutral" science irreconcilably separate from the species- or individual-specific focus of empirical psychology.Logic and psychology went their separate ways after attacks by Frege and Husserl on logical psychologism—the explanatory reduction of logic to empirical psychology. Hanna argues, however, that—despite the fact that logical psychologism is false—there is an essential link between logic and psychology. Rational human animals constitute the basic class of cognizers or thinkers studied by cognitive psychology; given the connection between rationality and logic that Hanna claims, it follows that the nature of logic is significantly revealed to us by cognitive psychology. Hanna's proposed "logical cognitivism" has two important consequences: the recognition by logically oriented philosophers that psychologists are their colleagues in the metadiscipline of cognitive science; and radical changes in cognitive science itself. Cognitive science, Hanna argues, is not at bottom a natural science; it is both an objective or truth-oriented science and a normative human science, as is logic itself.

Author : Eveline T. Feteris
Publisher : Springer Science & Business Media
ISBN 13 : 9401592195
Total Pages : 236 pages
Book Rating : 4.92/5 ( download)

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Download or read book Fundamentals of Legal Argumentation written by Eveline T. Feteris and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal argumentation is a distinctively multidisciplinary field of inquiry. It draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary theory, philosophy, sociology, and artificial intelligence. This presents the growing group of interested scholars and students with a problem of access, since, even for those active in the field, it is not common to have acquired a familiarity with relevant aspects of each discipline that enters into this multidisciplinary matrix. Fundamentals of Legal Argumentation offers its readers a unique and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as all major approaches and trends in the contemporary research. It surveys relevant theoretical factors both from various continental law traditions and common law countries.