On Law And Reason

Author : Aleksander Peczenik
Publisher : Springer Science & Business Media
ISBN 13 : 1402087306
Total Pages : 364 pages
Book Rating : 4.01/5 ( 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 2008-09-13 with total page 364 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 : Lief H. Carter
Publisher : University of Chicago Press
ISBN 13 : 022632821X
Total Pages : 311 pages
Book Rating : 4.18/5 ( download)

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Download or read book Reason in Law written by Lief H. Carter and published by University of Chicago Press. This book was released on 2016-03-04 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Newly updated ninth edition: “A superbly written, pedagogically rich, historically and conceptually informed introduction to legal reasoning.” —Law and Politics Book Review Over the decades it has been in print, Reason in Law has established itself as the place to start for understanding legal reasoning, a critical component of the rule of law. This ninth edition brings the book’s analyses and examples up to date, adding new cases while retaining old ones whose lessons remain potent. It examines several recent controversial Supreme Court decisions, including rulings on the constitutionality and proper interpretation of the Affordable Care Act and Justice Scalia’s powerful dissent in Maryland v. King. Also new to this edition are cases on same-sex marriage, the Voting Rights Act, and the legalization of marijuana. A new appendix explains the historical evolution of legal reasoning and the rule of law in civic life. The result is an indispensable introduction to the workings of the law.

Author : Adrian Vermeule
Publisher : Oxford University Press
ISBN 13 : 0199914095
Total Pages : 220 pages
Book Rating : 4.98/5 ( download)

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Download or read book Law and the Limits of Reason written by Adrian Vermeule and published by Oxford University Press. This book was released on 2012-05-24 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and the Limits of Reason asks "what are the consequences of recognizing the limits of reason within the legal system?" In particular, what are the consequences for the allocation of lawmaking authority among judges, legislators, and administrative agencies or executive officials? Vermeule examines the conditions under which the limits of reason support a greater or lesser allocation of authority to one institution or another.

Author : Raimo Siltala
Publisher : Springer Science & Business Media
ISBN 13 : 9400718721
Total Pages : 296 pages
Book Rating : 4.22/5 ( download)

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Download or read book Law, Truth, and Reason written by Raimo Siltala and published by Springer Science & Business Media. This book was released on 2011-07-29 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Robert P. George
Publisher : Georgetown University Press
ISBN 13 : 9780878407668
Total Pages : 220 pages
Book Rating : 4.69/5 ( download)

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Download or read book Natural Law and Public Reason written by Robert P. George and published by Georgetown University Press. This book was released on 2000 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Public reason" is one of the central concepts in modern liberal political theory. As articulated by John Rawls, it presents a way to overcome the difficulties created by intractable differences among citizens' religious and moral beliefs by strictly confining the place of such convictions in the public sphere. Identifying this conception as a key point of conflict, this book presents a debate among contemporary natural law and liberal political theorists on the definition and validity of the idea of public reason. Its distinguished contributors examine the consequences of interpreting public reason more broadly as "right reason," according to natural law theory, versus understanding it in the narrower sense in which Rawls intended. They test public reason by examining its implications for current issues, confronting the questions of abortion and slavery and matters relating to citizenship. This energetic exchange advances our understanding of both Rawls's contribution to political philosophy and the lasting relevance of natural law. It provides new insights into crucial issues facing society today as it points to new ways of thinking about political theory and practice.

Author : James Carey
Publisher : Wipf and Stock Publishers
ISBN 13 : 1532657749
Total Pages : 398 pages
Book Rating : 4.40/5 ( download)

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Download or read book Natural Reason and Natural Law written by James Carey and published by Wipf and Stock Publishers. This book was released on 2019-04-05 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural law, according to Thomas Aquinas, has its foundation in the evidence and operation of natural, human reason. Its primary precepts are self-evident. Awareness of these precepts does not presuppose knowledge of, or even belief in, the existence of God. The most interesting criticisms of Thomas Aquinas’s natural-law teaching in modern times have been advanced by the political philosopher Leo Strauss and his followers. The purpose of this book is to show that these criticisms are based on misunderstandings and that they are inconclusive at best. Thomas Aquinas’s natural-law teaching is fully rational. It is accessible to man as man.

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 : Joseph Raz
Publisher : OUP Oxford
ISBN 13 : 0191580341
Total Pages : 432 pages
Book Rating : 4.45/5 ( download)

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Download or read book Between Authority and Interpretation written by Joseph Raz and published by OUP Oxford. This book was released on 2009-02-19 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established. The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitimate law, while being a branch of applied morality, is also a relatively autonomous system, which has the potential to bridge moral differences among its subjects. Raz offers responses to some critical reactions to his theory of authority, adumbrating, and modifying the theory to meet some of them. The final part of the book brings together for the first time Raz's work on the nature of interpretation in law and the humanities. It includes a new essay explaining interpretive pluralism and the possibility of interpretive innovation. Taken together, the essays in the volume offer a valuable introduction for students coming for the first time to Raz's work in the philosophy of law, and an original contribution to many of the current debates in practical philosophy.

Author : John Keown
Publisher :
ISBN 13 : 0199675503
Total Pages : 628 pages
Book Rating : 4.00/5 ( download)

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Download or read book Reason, Morality, and Law written by John Keown and published by . This book was released on 2013-03-21 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Finnis is a pre-eminent legal, moral and political philosopher. This volume contains over 25 essays by leading international scholars of philosophy and law who critically engage with issues at the heart of Finnis's work.

Author : M. N. S. Sellers
Publisher : Cambridge University Press
ISBN 13 : 1108420761
Total Pages : 257 pages
Book Rating : 4.61/5 ( download)

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Download or read book Law, Reason, and Emotion written by M. N. S. Sellers and published by Cambridge University Press. This book was released on 2017-12-28 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: What place do reason and emotion have in justice and the law? This thought-provoking text brings together leading lawyers and legal philosophers to argue that law gains legitimacy and effectiveness when reason recognizes and embraces human emotions for the benefit of society as a whole.