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Approaches to Legal Rationality

Author: Dov M. Gabbay

Publisher: Springer Science & Business Media

Published: 2010-10-04

Total Pages: 419

ISBN-13: 9048195888

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.

Natural Law and Practical Rationality

Author: Mark C. Murphy

Publisher: Cambridge University Press

Published: 2001-06-11

Total Pages: 306

ISBN-13: 9780521802291

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A defense of a contemporary natural law theory of practical rationality.

How International Law Works

Author: Andrew T. Guzman

Publisher: Oxford University Press

Published: 2010

Total Pages: 273

ISBN-13: 0199739285

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Filling a conspicuous gap in the legal literature, Andrew T. Guzman's How International Law Works develops a coherent theory of international law and applies that theory to the primary sources of law, treaties, customary international law, and soft law. Starting where most non-specialists start, Guzman looks at how a legal system without enforcement tools can succeed. If international law is not enforced through coercive tools, how is it enforced at all? And why would states comply with it?--Publisher.

Law/Society

Author: John Sutton

Publisher: Pine Forge Press

Published: 2001

Total Pages: 324

ISBN-13: 9780761987055

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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.

The Oxford Handbook of Rationality

Author: Alfred R. Mele

Publisher: Oxford University Press

Published: 2004-01-08

Total Pages: 498

ISBN-13: 9780198033240

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Rationality has long been a central topic in philosophy, crossing standard divisions and categories. It continues to attract much attention in published research and teaching by philosophers as well as scholars in other disciplines, including economics, psychology, and law. The Oxford Handbook of Rationality is an indispensable reference to the current state of play in this vital and interdisciplinary area of study. Twenty-two newly commissioned chapters by a roster of distinguished philosophers provide an overview of the prominent views on rationality, with each author also developing a unique and distinctive argument.

Time Biases

Author: Meghan Sullivan

Publisher: Oxford University Press

Published: 2018

Total Pages: 208

ISBN-13: 0198812841

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Should you care less about your distant future? What about events in your life that have already happened? How should the passage of time affect your planning and assessment of your life? Most of us think it is irrational to ignore the future but completely harmless to dismiss the past. But this book argues that rationality requires temporal neutrality: if you are rational you don't engage in any kind of temporal discounting. The book draws on puzzles about real-life planning to build the case for temporal neutrality. How much should you save for retirement? Does it make sense to cryogenically freeze your brain after death? How much should you ask to be compensated for a past injury? Will climate change make your life meaningless? Meghan Sullivan considers what it is for you to be a person extended over time, how time affects our ability to care about ourselves, and all of the ways that our emotions might bias our rational planning. Drawing substantially from work in social psychology, economics and the history of philosophy, the book offers a systematic new theory of rational planning.

Beyond Rationality

Author: Alex Mintz

Publisher: Cambridge University Press

Published: 2021-12-02

Total Pages: 297

ISBN-13: 1316516350

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The first textbook to present a framework of the Behavioral Political Science paradigm for understanding political decision-making.

The Foundation of the Juridico-Political

Author: Ian Bryan

Publisher: Routledge

Published: 2015-10-23

Total Pages: 266

ISBN-13: 113504743X

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Hans Kelsen and Max Weber are conventionally understood as initiators not only of two distinct and opposing processes of concept formation, but also of two discrete and contrasting theoretical frameworks for the study of law. The Foundation of the Juridical-Political: Concept Formation in Hans Kelsen and Max Weber places the conventional understanding of the theoretical relationship between the work of Kelsen and Weber into question. Focusing on the theoretical foundations of Kelsen’s legal positivism and Weber’s sociology of law, and guided by the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume explore convergences and divergences in the approach and stance of Kelsen and Weber to law, the State, political science, modernity, legal rationality, legal theory, sociology of law, authority, legitimacy and legality. The chapters comprising The Foundation of the Juridical-Political uncover complexities within as well as between the theoretical and methodological principles of Kelsen and Weber and, thereby, challenge the enduring division between legal positivism and the sociology of law in contemporary discourse.