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| Author | : Mathieu Carpentier |
| Publisher | : John Wiley & Sons |
| Total Pages | : 388 |
| Release | : 2022-10-04 |
| Genre | : Philosophy |
| ISBN | : 1789450748 |
Download Meta-theory of Law Book in PDF, ePub and Kindle
This book is devoted to the theory of legal theory, also referred to as the "meta-theory of law". The aim of this emerging discipline is to determine the objectives, aims and methods of legal theory, and to establish the conditions of possibility as well as the validity criteria for theoretical discourse on law. The contributions in this book provide an overview of these aspects through different perspectives and approaches. The very purpose of legal theory has been disputed and the subject area is currently subject to increasing cross-fertilization between different, and sometimes diverging, traditions. Meta-theory of Law assesses these emerging trends by questioning two basic objects of legal theory, the "nature" and the "science" of law.
| Author | : Mathieu Carpentier |
| Publisher | : John Wiley & Sons |
| Total Pages | : 388 |
| Release | : 2022-08-24 |
| Genre | : Philosophy |
| ISBN | : 1394163681 |
Download Meta-theory of Law Book in PDF, ePub and Kindle
This book is devoted to the theory of legal theory, also referred to as the "meta-theory of law". The aim of this emerging discipline is to determine the objectives, aims and methods of legal theory, and to establish the conditions of possibility as well as the validity criteria for theoretical discourse on law. The contributions in this book provide an overview of these aspects through different perspectives and approaches. The very purpose of legal theory has been disputed and the subject area is currently subject to increasing cross-fertilization between different, and sometimes diverging, traditions. Meta-theory of Law assesses these emerging trends by questioning two basic objects of legal theory, the "nature" and the "science" of law.
| Author | : Donald Winslow Fiske |
| Publisher | : University of Chicago Press |
| Total Pages | : 400 |
| Release | : 1986-03-15 |
| Genre | : Social Science |
| ISBN | : 0226251926 |
Download Metatheory in Social Science Book in PDF, ePub and Kindle
What is the nature of the social sciences? What kinds of knowledge can they—and should they—hope to create? Are objective viewpoints possible and can universal laws be discovered? Questions like these have been asked with increasing urgency in recent years, as some philosophers and researchers have perceived a "crisis" in the social sciences. Metatheory in Social Science offers many provocative arguments and analyses of basic conceptual frameworks for the study of human behavior. These are offered primarily by practicing researchers and are related to problems in disciplines as diverse as sociology, psychology, psychiatry, anthropology, and philosophy of science. While various points of view are expressed in these nineteen essays, they have in common several themes, including the comparison of social and natural science, the role of knowledge in meeting the demands of society and its pressing problems, and the nature and role of subjectivity in science. Some authors hold that subjectivity cannot be studied scientifically; others argue that it can and must be if progress in knowledge is to be made. The essays demonstrate the philosophical pluralism they discuss and give a wide range of alternative positions on the future of the social and behavioral sciences in a postpositivist intellectual world.
| Author | : Alexandra Kemmerer |
| Publisher | : |
| Total Pages | : |
| Release | : 2017 |
| Genre | : |
| ISBN | : |
Download Sources in the Meta-theory of International Law Book in PDF, ePub and Kindle
A meta-theoretical approach to sources opens reflexive spaces, situates theories in time and space, and allows for a contextual interpretation of sources. In this paper, drawing on the hermeneutic philosophy of Hans-Georg Gadamer and the writings of his most perceptive readers in international law, I develop a concept of reflexive situatedness prompting a constructive contextualization of sources and their interpreters in our 'normative pluriverse' (D'Aspremont). Following the traces of international law's current 'turn to interpretation' and a reading of international law as a 'hermeneutical enterprise', my assessment of the limits and potentials of Gadamerian philosophical hermeneutics prepares the ground for an analysis of the writings of international lawyers who have developed theories of international legal interpretation inspired by his work -- and, in particular, for a closer look at the writings of Outi Korhonen, linking her concept of situationality to an emphasis on context(s) that engages with the rhetorical dimension of Gadamer's work. Gadamer's conversational hermeneutics opens new perspectives for a contextual theory and praxis of international legal interpretation that brings together various disciplinary perspectives and cultural experiences, and thereby allows for a more nuanced and dynamic understanding of sources and their interpreters within their respective interpretative communities.
| Author | : John T. Roberts |
| Publisher | : OUP Oxford |
| Total Pages | : 421 |
| Release | : 2008-11-27 |
| Genre | : Philosophy |
| ISBN | : 0191565318 |
Download The Law-Governed Universe Book in PDF, ePub and Kindle
John T. Roberts presents and defends a radically new theory of laws of nature, the Measurability Account. Though consistent with a Humean ontology, Roberts's theory differs sharply from the most influential Humean theory of laws, David Lewis's Best-System Analysis. Unlike other Humean theories, the Measurability Account affirms that there is an important sense in which the laws govern the universe, rather than simply describing it economically. Yet unlike non-Humean theories, it requires only minimal metaphysical commitments. In this way, it combines the advantages of Humean and non-Humean approaches to laws, while avoiding the pitfalls of each. At the heart of the Measurability Account are two new ideas: that lawhood is not a property of facts but rather a role that a proposition can play within a scientific theory, and that what is essential to laws is that they guarantee the reliability of methods of measuring natural quantities. On the basis of these ideas, Roberts argues that we can offer an informative and compelling explanation of why laws have the peculiar counterfactual resilience that sets them apart from accidental uniformities.
| Author | : Jonathan Crowe |
| Publisher | : Cambridge University Press |
| Total Pages | : 275 |
| Release | : 2019-04-25 |
| Genre | : History |
| ISBN | : 1108498302 |
Download Natural Law and the Nature of Law Book in PDF, ePub and Kindle
Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.
| Author | : Brian Burge-Hendrix |
| Publisher | : Routledge |
| Total Pages | : 337 |
| Release | : 2016-12-05 |
| Genre | : Law |
| ISBN | : 1351939378 |
Download Epistemic Uncertainty and Legal Theory Book in PDF, ePub and Kindle
Crossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political rights, such as those of Canada and the United States - as well as cases in constitutional adjudication. It shows the worth of careful reflection on methodological and meta-theoretical issues for a comprehensive account of a present-day legal system which is fast becoming the norm. The author explicitly connects the ongoing Methodology Debate within legal philosophy to constitutional adjudication and Canadian law. By drawing out the implications of the Methodology Debate and the challenge of giving a proper account of constitutional adjudication in a general theory of law, the study examines how a descriptive, morally and politically neutral legal theory can deal with epistemic uncertainty - uncertainty about the actual status of moral-political legal provisions and their jurisprudential function - in a thoroughgoing manner. It also demonstrates the merits of a minimalist version of Legal Positivism with regard to the practical importance of charters in charter systems and societies.
| Author | : Veronica Rodriguez-Blanco |
| Publisher | : Brill Mentis |
| Total Pages | : 212 |
| Release | : 2004 |
| Genre | : History |
| ISBN | : |
Download Meta-ethics, Moral Objectivity and Law Book in PDF, ePub and Kindle
The book shows the relevance of meta-ethical and metaphysical considerations to determine the nature of law and the connection between objective moral and legal judgements. The investigation analyses the legal theories of Ronald Dworkin, Jürgen Habermas and Michael Moore. The conclusion of the scrutiny is that the discussed views fail to explain the plausible links between objective moral and legal judgements. The lesson to learn from the failure of these philosophical perspectives is that we need to revise fundamental meta-ethical conceptions within law. In addition to the view that meta-ethical and metaphysical considerations play a central role in our understanding of objective moral and legal judgements, we enforce the idea that it is necessary to revise our meta-ethical and metaphysical premises in jurisprudence. Epistemic and meta-ethical abstinence in legal theory, in this way, is challenged by a number of criticisms. The outcome of our reflection is that in legal theory, as in many other disciplines, we need to take truth and objectivity seriously.
| Author | : Erhard Oeser |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 260 |
| Release | : 2003-11-30 |
| Genre | : History |
| ISBN | : 9781402017841 |
Download Evolution and Constitution Book in PDF, ePub and Kindle
This work for the first time brings together case law and law based on norms. It offers the reader a survey and a new explanation of evolutionary emergence of social contracts and constitutions in the European history, and should help to build a bridge between 'two cultures', science and humanities. It is addressed to philosophers of law, historians of law, theorists of science and social scientists.
| Author | : Massimo La Torre |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 276 |
| Release | : 2010-08-13 |
| Genre | : Philosophy |
| ISBN | : 1402066074 |
Download Law as Institution Book in PDF, ePub and Kindle
This book – which is the result of several years of research, discussion, writing and re-writing – consists of three parts and eight chapters. The rst part is given by the two rst chapters introducing the issue of validity and facticity in law. The second part (Chapters 3, 4 and 5) is the core of this study and tries to present a theory based on a speci c view about language and social practice. The third part deal with the issue of value judgments and views about morality and consists of Chapters 6 and 7. Chapter 8 should nally serve as epilogue. In the rst chapter a discussion is started about the relationship between law and power, seen as a presupposition for an assessment of the nature of law. As a matter of fact, as has been remarked, “general theories of law struggle to do justice to the 1 multiple dualities of the law”. Indeed, law has a “dual nature”: it is a fact, but it also a norm, a sort of ideal entity. Law is sanction, but it is also discourse. It is effectivity, or facticity, but it is also a vehicle of principles among which the central one is justice. But this duality is not only a phenomenological, or a matter of justi cation and implementation as two separate moments.
