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Law, Truth, and Reason

Law, Truth, and Reason
Author: Raimo Siltala
Publisher: Springer Science & Business Media
Total Pages: 296
Release: 2011-07-29
Genre: Law
ISBN: 9400718721

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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.


Law and Truth

Law and Truth
Author: Dennis Michael Patterson
Publisher: Oxford University Press, USA
Total Pages: 202
Release: 1996
Genre: Filosofía del derecho
ISBN: 0195132475

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Taking up a single question--"What does it mean to say a proposition of law is true?"--this book advances a major new account of truth in law. Drawing upon the later philosophy of Wittgenstein, as well as more recent postmodern theory of the relationship between language, meaning, and the world, Patterson examines leading contemporary jurisprudential approaches to this question and finds them flawed in similar and previously unnoticed ways. He offers a powerful alternative account of legal justification, one in which linguistic practice--the use of forms of legal argument--holds the key to legal meaning.


Reason in Law

Reason in Law
Author: Lief H. Carter
Publisher: Addison Wesley Longman
Total Pages: 216
Release: 1998
Genre: Law
ISBN:

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Previous editions : 1988 (3rd) ; and 1994 (4th).


Practical Reason in Law and Morality

Practical Reason in Law and Morality
Author: Neil MacCormick
Publisher: Oxford University Press
Total Pages: 240
Release: 2011-04-28
Genre: Law
ISBN: 0191622001

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The concept of practical reason is central to contemporary thought on ethics and the philosophy of law - acting well means acting for good reasons. Explaining this requires several stages. How do reasons relate to actions at all, as incentives and in explanations? What are values, how do they relate to human nature, and how do they enter practical reasoning? How do the concepts of 'right and wrong' fit in, and in what way do they involve questions of mutual trust among human beings? How does our moral freedom - our freedom to form our own moral commitments - relate to our responsibilities to each other? How is this final question transposed into law and legal commitments? This book explores these questions, vital to understanding the nature of law and morality. It presents a clear account of practical reason, valuable to students of moral philosophy and jurisprudence at undergraduate or postgraduate levels. For more advanced scholars it also offers a reinterpretation of Kant's views on moral autonomy and Smith's on self-command, marrying Smith's 'moral sentiments' to Kant's 'categorical imperative' in a novel way. The book concludes and underpins the author's Law, State and Practical Reason series. Taken together the books offer an overarching theory of the nature of law and legal reason, the role of the State, and the nature of moral reason and judgement.


Realizing Reason

Realizing Reason
Author: Danielle Macbeth
Publisher:
Total Pages: 507
Release: 2014-03
Genre: Mathematics
ISBN: 0198704755

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Danielle Macbeth offers a new account of mathematical practice as a mode of inquiry into objective truth, and argues that understanding the nature of mathematical practice provides us with the resources to develop a radically new conception of ourselves and our capacity for knowledge of objective truth.


The Law of Truth

The Law of Truth
Author: John Balguy
Publisher:
Total Pages: 48
Release: 1733
Genre: Faith and reason
ISBN:

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Reason, Democracy, Society

Reason, Democracy, Society
Author: Sebastián Urbina
Publisher: Springer Science & Business Media
Total Pages: 239
Release: 2013-03-09
Genre: Law
ISBN: 9401728461

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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.


Principles and Choices

Principles and Choices
Author:
Publisher:
Total Pages:
Release: 2012-11-01
Genre:
ISBN: 9781939244048

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Gives students a philosophical appreciation of the existence and importance of objective truth, and lays out three principles of reason that empower them to distinguish truth from error. The principles lay the foundation for an objective and inclusive definition of the human person which embraces everyone from the unborn to those who are disabled, socially marginalized, elderly, and terminally ill. The Teacher’s Resource includes detailed daily learning plans, text notations, and Scripture and Catechism cross-references. Paperback, four chapters, 98 pages. Companion pieces which may be purchased include PowerPoint slides with complete lecture notes, one presentation for each chapter of the book; audio drama CD, Robert & Emma, Act 2: Robert’s Burden”, professionally produced as an audio play, 30 minutes; and one year of access to secure Teacher Website with handouts and assignments, alternative activities, exams and answer keys, training webinars, live chat assistants, classroom webcasts, discussion forums, and bulletin boards.


Reason, Truth and History

Reason, Truth and History
Author: Hilary Putnam
Publisher: Cambridge University Press
Total Pages: 244
Release: 1981-12-31
Genre: Philosophy
ISBN: 9780521297769

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'This is a timely book, with penetrating discussion of issues very much in the forefront of the contemporary philosophy. Despite the prominence of negative arguments it contains much to contribute positively to our understanding of what is needed for a conception of rationality and objectivity that covers ethics and value theory generally as well as physics.'