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Philosophy of Law: The Supreme Court’s Need for Libertarian Law (Palgrave Studies in Classical Liberalism)
by Walter E. Block Roy WhiteheadLooking at discrimination, education, environment, health and crime, this volume analyses United States Supreme Court rulings on several legal issues and proposed libertarian solutions to each problem. Setting their own liberal theory of law, each chapter discusses the law at hand, what it should be, and what it would be if their political economic philosophy were the justification of the legal practice. Covering issues such as sexual harassment, religion, markets in human organs, drug prohibition and abortion, this book is a timely contribution to classical liberal debate on law and economics.
The Philosophy of Law: Introduction to Jurisprudence
by Jeffrey BrandOrganized around specific questions, theses and arguments, Philosophy of Law: Introducing Jurisprudence helps students get to grips with the fascinating yet often complex realm of legal philosophy. Packed with boxed case studies, chapter discussion questions, guides to further reading, a glossary of key terms and online resources for lecturers and students, Jeffrey Brand guides the reader through ideas in an accessible way. Philosophy of Law is ideal for use as a core textbook or as a companion to a set of primary sources.
Philosophy Of Law
by Jules Coleman Jeffrie G. MurphyIn this revised edition, two distinguished philosophers have extended and strengthened the most authoritative text available on the philosophy of law and jurisprudence. While retaining their comprehensive coverage of classical and modern theory, Murphy and Coleman have added new discussions of the Critical Legal Studies movement and feminist jurisprudence, and they have strengthened their treatment of natural law theory, criminalization, and the law of torts. The chapter on law and economics remains the best short introduction to that difficult, controversial, and influential topic.Students will appreciate the careful organization and clear presentation of complicated issues as well as the emphasis on the relevance of both law and legal theory to contemporary society.
The Philosophy of Law: An Encyclopedia (Garland Reference Library Of The Humanities Ser.)
by Christopher Berry GreyFrom articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of:The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods
Philosophy of Law (Princeton Foundations of Contemporary Philosophy #10)
by Andrei MarmorIn Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal domain can be explained in terms of something else, more foundational in nature.In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law.
Philosophy Of Law: An Introduction To Jurisprudence (Texts In Philosophy Ser. #3)
by Jeffrie G. MurphyIn this revised edition, two distinguished philosophers have extended and strengthened the most authoritative text available on the philosophy of law and jurisprudence. While retaining their comprehensive coverage of classical and modern theory, Murphy and Coleman have added new discussions of the Critical Legal Studies movement and feminist jurisprudence, and they have strengthened their treatment of natural law theory, criminalization, and the law of torts. The chapter on law and economics remains the best short introduction to that difficult, controversial, and influential topic.Students will appreciate the careful organization and clear presentation of complicated issues as well as the emphasis on the relevance of both law and legal theory to contemporary society.
Philosophy Of Law
by Jeffrie G. Murphy Jules ColemanIn this revised edition, two distinguished philosophers have extended and strengthened the most authoritative text available on the philosophy of law and jurisprudence. While retaining their comprehensive coverage of classical and modern theory, Murphy and Coleman have added new discussions of the Critical Legal Studies movement and feminist jurisprudence, and they have strengthened their treatment of natural law theory, criminalization, and the law of torts. The chapter on law and economics remains the best short introduction to that difficult, controversial, and influential topic.Students will appreciate the careful organization and clear presentation of complicated issues as well as the emphasis on the relevance of both law and legal theory to contemporary society.
Philosophy Of Law
by Jeffrie G. Murphy Jules ColemanThis leading anthology contains legal cases and essays written by the finest scholars in legal philosophy, representing all major points of view on the most central topics in philosophy of law. Its primary focus is to relate traditional themes of legal philosophy to the concerns of modern society in a way that invigorates one and illuminates the other, respectively. This classic text is distinguished by its clarity, balance of topics, balance of substantive positions on controversial questions, topical relevance, imaginative use of cases and stories, and the inclusion of only lightly edited or untouched classics. This revision is distinguished in its inclusion of many articles relevant to terrorism and torture, contract and property, and a greater emphasis on concrete legal problems.
Philosophy of Law: An Introduction
by Mark TebbitPhilosophy of Law: An Introduction provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, Mark Tebbit quickly leads readers into the heart of the philosophical questions that dominate philosophy of law today. He provides an exceptionally wide-ranging overview of the contending theories that have sought to resolve these problems. He does so without assuming prior knowledge either of philosophy or law on the part of the reader. The book is structured in three parts around the key issues and themes in philosophy of law: What is the law? – the major legal theories addressing the question of what we mean by law, including natural law, legal positivism and legal realism. The reach of the law – the various legal theories on the nature and extent of the law’s authority, with regard to obligation and civil disobedience, rights, liberty and privacy. Criminal law – responsibility and mens rea, intention, recklessness and murder, legal defences, insanity and philosophies of punishment. This new third edition has been thoroughly updated to include assessments of important developments in philosophy and law in the early years of the twenty-first century. Revisions include a more detailed analysis of natural law, new chapters on common law and the development of positivism, a reassessment of the Austin–Hart dispute in the light of recent criticism of Hart, a new chapter on the natural law–positivist controversy over Nazi law and legality, and new chapters on criminal law, extending the analysis of the dispute over the viability of the defences of necessity and duress.
Philosophy of Law in Korea: Acceptance, Engagement and Social Change (Routledge Studies in Asian Law)
by Jeong-Oh Kim Hak Tai Kim Joon-Seok Park Dong-Ryong ShinWhen Korea began as a newly independent state in 1948, its economy was very underdeveloped and the rule of law was just established. The journey of democratization in Korea was not without challenges. This book traces the history of the legal philosophy development in Korea and highlights Korea's unique experience. This book shows how Western legal philosophy has been accepted in Korea, a non-Western country that has newly introduced the Western legal system and what role the legal philosophy has played in social context. The book also examines academic scholars' intellectual activities in a historical context and how their intellectual products are yielded through their continuous response to the circumstances of the time. It specifically looks at the many challenging tasks legal philosophers had to overcome in a society when the rule of law and democracy had not yet settled. The book explores how Korean legal philosophers coped during such unique historical situations. It also illustrates how Korean scholars accepted legal philosophies of Germany and jurisprudence and integrated them to change social realities of Korea. Through Korea’s experience, this book will provide insights into how modern legal philosophy develops in a new state and what legal philosophers' responses would be like during such a process. The developing process of legal philosophy in Korean society will interest not only readers in countries who have had similar experiences to Korea, but also readers in the West.
Philosophy of Leadership: The Power of Authority
by Jean-Etienne Joullié Robert SpillanePhilosophy of Leadership.
Philosophy of Leadership: The Power of Authority
by Jean-Etienne Joullié Robert SpillanePhilosophy of Leadership has been written to arouse curiosity, not to satisfy it. The authors point out ideas about leadership which draw upon both ancient and modern wisdom. This book develops a philosophy of leadership by tracing the evolution of Western ideas from philosophical perspectives, ancient and modern.
The Philosophy of Legal Change: Theoretical Perspectives and Practical Processes
Democratic legal systems have recently been subject to rapid and multi-directional processes of change. There are numerous sociological, technological, ideological, or purely political processes which result in law’s amendment and transformation. This book argues that this legal change is best understood from a political philosophy perspective. This can be used as an interpretative device to understand the ongoing processes of change as well as their outcomes such as new laws, judicial interpretations, or constitutional amendments. The work has three main objectives: to provide deeper understanding of the problems of legal change within the diversity of Western political and legal thought; to examine the development of the processes of change in terms of their normative and prudential acceptability; to interpret actual processes of change with a view to the general theoretical and normative background. The book is divided into three parts: Part I sets the scene and is focused on the general issues important for understanding and evaluating legal change from the perspective of political philosophy; Part II focuses on the spectrum of politico-philosophical justifications present in the political culture of democratic states; Part III offers selected case studies to specify and apply the philosophical ideas in the previous parts. The book will be a valuable resource for students and scholars of law and jurisprudence, including comparative legal studies and human rights law, political theory, and philosophy.
The Philosophy of Legal Proof (Elements in Philosophy of Law)
by Lewis RossCriminal courts make decisions that can remove the liberty and even life of those accused. Civil trials can cause the bankruptcy of companies employing thousands of people, asylum seekers being deported, or children being placed into state care. Selecting the right standards when deciding legal cases is of utmost importance in giving those affected a fair deal. This Element is an introduction to the philosophy of legal proof. It is organised around five questions. First, it introduces the standards of proof and considers what justifies them. Second, it discusses whether we should use different standards in different cases. Third, it asks whether trials should end only in binary outcomes or use more fine-grained or precise verdicts. Fourth, it considers whether proof is simply about probability, concentrating on the famous 'Proof Paradox'. Finally, it examines who should be trusted with deciding trials, focusing on the jury system.
The Philosophy of Leibniz (Routledge Classics)
by Bertrand RussellBertrand Russell’s study of the philosopher and mathematician Gottfried Leibniz is one of his earliest books, providing a fascinating glimpse of his philosophical brilliance. It remains one of the most important books on this polymathic seventeenth-century thinker and the only book Russell wrote about a major philosopher.Written when Russell was only in his late twenties, it goes far beyond a mere exposition of Leibniz's thought. Celebrated for his invention of the differential calculus and a major figure in the development of rationalist philosophy, Leibniz is hailed by many as the last universal genius. Russell argues that the tension between Leibniz's theological writings for the Hanoverian royalty on the one hand and his philosophical work on the other obscures, in Russell's opinion, Leibniz's greatest gift to philosophy: the view that logic is the start of all philosophy.Exploring Leibniz's contributions to epistemology, substance, space and time, the soul and body, and the existence of God, Russell pushes philosophy and logical thought in bold new directions. It remains a vital work in Russell's oeuvre and a landmark study of a major philosopher.This Routledge Classics Edition has a new Foreword by Richard T. W. Arthur.
Philosophy of Leisure: Foundations of the good life (Routledge Critical Leisure Studies)
by Johan Bouwer Marco van LeeuwenWhat is leisure? How does leisure relate to leading a good life? This critical and intelligent study interrogates the basic principles of leisure and demonstrates the continuing relevance of these questions for our society today. It not only explores the traditional philosophical concepts at the heart of leisure studies, but also pursues new possibilities for reconceptualising leisure that have emerged from recent developments in society, technology and the broader discipline of philosophy itself. Approaching leisure from a philosophically inquisitive perspective, the book argues that leisure revolves around the pursuit of happiness, human flourishing and well-being, making it both a state of mind and a state of being. Its exploration of the meaning of leisure addresses key issues such as identity, ethics, spirituality, human experience, freedom, technology, embodiment, well-being, the fundamental properties of leisure and the challenge of offering a meaningful definition. Revitalising the subject of leisure studies with its originality, Philosophy of Leisure: Foundations of the Good Life is fascinating reading for all students and scholars of leisure studies, philosophy, sociology, psychology and ethics.
The Philosophy of Leopold Blaustein: Descriptive Psychology, Phenomenology, and Aesthetics (Primary Sources in Phenomenology)
by Witold PłotkaThis is an open-access book which is devoted to rediscovering the early history of phenomenology in confrontation with the legacy of Franz Brentano by discussing Leopold Blaustein’s philosophy. It offers a unique perspective on the history of the phenomenological movement by presenting the development of Blaustein’s theory. Blaustein was a philosopher educated by Kazimierz Twardowski in Lvov, but he also held research stays in Freiburg im Breisgau (where he studied under Edmund Husserl) and in Berlin (where he met Carl Stumpf). Blaustein’s work is usually classified as phenomenology yet some scholars question this by claiming that Blaustein was radically critical of Husserl’s phenomenology. This text addresses these divergent opinions by claiming that Blaustein was both a descriptive psychologist and a phenomenologist. Moreover, the book shows that these two motives were intertwined in Blaustein’s writings and require a reference to other traditions such as the Gestalt theory of Stumpf, and the humanistic psychology of Dilthey. This volume examines sources, context, and applications of the methods used by Blaustein in his original philosophy. It appeals to philosophers, especially phenomenologists, epistemologies, and historians. The more specialized chapters are also relevant to historians of the phenomenological movement and the Brentanian tradition.
The Philosophy Of Life And Death
by Nitzan LebovicSome of the first figures the Nazis conscripted in their rise to power were rhetoricians devoted to popularizing the German vocabulary of Leben (life). This fascinating study reexamines this movement through one of its most prominent exponents, Ludwig Klages, revealing the philosophical-cultural crises and political volatility of the Weimar era.
Philosophy of Lifelong Education (Routledge Library Editions: Philosophy of Education #19)
by Kenneth WainThis book, first published in 1987, provides a rigorous philosophical analysis of lifelong education. The author presents his arguments simply and directly so that the book is accessible to students who are new to philosophy and adult education.
The Philosophy of Lines: From Art Nouveau to Cyberspace
by Thorsten Botz-BornsteinThis book offers a philosophical exploration of lines in art and culture, and traces their history from Antiquity onwards. Lines can be physical phenomena, cognitive responses to observed processes, or both at the same time. Based on this assumption, the book describes the “philosophy of lines” in art, architecture, and science. The book compares Western and Eastern traditions. It examines lines in the works of Paul Klee, Wassily Kandinsky, and Henri Michaux, as well as in Chinese and Japanese art and calligraphy. Lines are not merely a matter of aesthetics but also reflect the psychological states of entire cultures. In the nineteenth century, non-Euclidean geometry sparked the phenomenon of the “self-negating line,” which influenced modern art; it also prepared the ground for virtual reality. Straight lines, distorted lines, blurred lines, hot and cold lines, dynamic lines, lines of force, virtual lines, and on and on, lines narrate the development of human civilization.
Philosophy of Literature: An Introduction
by Christopher NewLiterature, like the visual arts, poses its own philosophical problems. While literary theorists have discussed the nature of literature intensively, analytic philosophers have usually dealt with literary problems either within the general framework of aesthetics or else in a way that is accessible only to a philosophical audience. The present book is unique in that it introduces the philosophy of literature from an analytic perspective accessible to both students of literature and students of philosophy. Specifically, the book addresses: the definition of literature, the distinction between oral and written literature and the identity of literary worksthe nature of fiction and our emotional involvement with fictional charactersthe concept of imagination and its role in the apprehension of literary workstheories of metaphor and postmodernist theory on the significance of the authors' intentions to the interpretationof their workan examination of the relevance of thruth and morality to literary appreciationLucid and well organised and free from jargon, hilosophy of Literature: An Introduction offers fresh approaches to traditional problems and raises new issues in the philosophy of literature.
Philosophy of Literature (Ratio Special Issues #7)
by Severin SchroederPhilosophy of Literature presents six newly-commissioned essays from international scholars that address some of the key issues relating to the philosophy of literature, a thriving and increasingly influential branch of aesthetics Features a half dozen newly commissioned articles from leading scholars in the field of philosophy of literature Focuses on a branch of aesthetics that has not received the attention it deserves Includes a reading on the historical relationship between philosophy and literature with recent developments and projections for the future Contributors include Peter Lamarque (University of York), Peter Kivy (Rutgers University, USA) and Stein Haugom Olsen (University of Bergen, Norway)
Philosophy of Logic: An Anthology (Blackwell Philosophy Anthologies: #14)
by Dale JacquetteThis volume provides a comprehensive collection of classic and contemporary readings in the philosophy of logic.
Philosophy of Logic (Routledge Revivals)
by Hilary PutnamFirst published in 1971, Professor Putnam's essay concerns itself with the ontological problem in the philosophy of logic and mathematics - that is, the issue of whether the abstract entities spoken of in logic and mathematics really exist. He also deals with the question of whether or not reference to these abstract entities is really indispensible in logic and whether it is necessary in physical science in general.
The Philosophy of Logical Atomism: A Centenary Reappraisal (History of Analytic Philosophy)
by Landon D. Elkind Gregory LandiniThis book offers a comprehensive critical survey of issues of historical interpretation and evaluation in Bertrand Russell's 1918 logical atomism lectures and logical atomism itself. These lectures record the culmination of Russell's thought in response to discussions with Wittgenstein on the nature of judgement and philosophy of logic and with Moore and other philosophical realists about epistemology and ontological atomism, and to Whitehead and Russell’s novel extension of revolutionary nineteenth-century work in mathematics and logic. Russell's logical atomism lectures have had a lasting impact on analytic philosophy and on Russell's contemporaries including Carnap, Ramsey, Stebbing, and Wittgenstein. Comprised of 14 original essays, this book will demonstrate how the direct and indirect influence of these lectures thus runs deep and wide.