Judging Religion: A Dialogue for Our Time
Author: John Holroyd
Publisher: Silverwood Books
Published: 2019-09-04
Total Pages: 312
ISBN-13: 9781781328644
DOWNLOAD EBOOKJohn Holyrod's dissection of religion and what it means today.
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Judging Positivism
Author: Margaret Martin
Publisher: Bloomsbury Publishing
Published: 2014-12-01
Total Pages: 308
ISBN-13: 1782251790
DOWNLOAD EBOOKJudging Positivism is a critical exploration of the method and substance of legal positivism. Margaret Martin is primarily concerned with the manner in which theorists who adopt the dominant positivist paradigm ask a limited set of questions and offer an equally limited set of answers, artificially circumscribing the field of legal philosophy in the process. The book focuses primarily but not exclusively on the writings of prominent legal positivist, Joseph Raz. Martin argues that Raz's theory has changed over time and that these changes have led to deep inconsistencies and incoherencies in his account. One re-occurring theme in the book is that Razian positivism collapses from within. In the process of defending his own position, Raz is led to support the views of many of his main rivals, namely, Ronald Dworkin, the legal realists and the normative positivists. The internal collapse of Razian positivism proves to be instructive. Promising paths of inquiry come into view and questions that have been suppressed or marginalised by positivists re-emerge ready for curious minds to reflect on anew. The broader vision of jurisprudential inquiry defended in this book re-connects philosophy with the work of practitioners and the worries of law's subjects, bringing into focus the relevance of legal philosophy for lawyers and laymen alike.
Judging and Understanding
Author: Pedro Alexis Tabensky
Publisher: Ashgate Publishing, Ltd.
Published: 2006
Total Pages: 316
ISBN-13: 9780754653950
DOWNLOAD EBOOKThis collection embodies a debate that explores the tension between judging and understanding. It brings together work dealing with the moral, metaphysical, epistemological and phenomenological issues required for understanding whether or not there is a tension between judging and understanding and what the moral and legal implications may be of accepting or rejecting this tension.
Reflections on Judging
Author: Richard A. Posner
Publisher: Harvard University Press
Published: 2013-10-07
Total Pages: 423
ISBN-13: 0674184653
DOWNLOAD EBOOKIn Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
Bertrand Russell and the Nature of Propositions
Author: Samuel Lebens
Publisher: Taylor & Francis
Published: 2017-05-25
Total Pages: 296
ISBN-13: 1351733893
DOWNLOAD EBOOKBertrand Russell and the Nature of Propositions offers the first book-length defence of the Multiple Relation Theory of Judgement (MRTJ). Although the theory was much maligned by Wittgenstein and ultimately rejected by Russell himself, Lebens shows that it provides a rich and insightful way to understand the nature of propositional content. In Part I, Lebens charts the trajectory of Russell’s thought before he adopted the MRTJ. Part II reviews the historical story of the theory: What led Russell to deny the existence of propositions altogether? Why did the theory keep evolving throughout its short life? What role did G. F. Stout play in the evolution of the theory? What was Wittgenstein’s concern with the theory, and, if we can’t know what his concern was exactly, then what are the best contending hypotheses? And why did Russell give the theory up? In Part III, Lebens makes the case that Russell’s concerns with the theory weren’t worth its rejection. Moreover, he argues that the MRTJ does most of what we could want from an account of propositions at little philosophical cost. This book bridges the history of early analytic philosophy with work in contemporary philosophy of language. It advances a bold reading of the theory of descriptions and offers a new understanding of the role of Stout and the representation concern in the evolution of the MRTJ. It also makes a decisive contribution to philosophy of language by demonstrating the viability of a no-proposition theory of propositions.
Judging in Good Faith
Author: Steven J. Burton
Publisher: Cambridge University Press
Published: 1994-11-25
Total Pages: 296
ISBN-13: 9780521477406
DOWNLOAD EBOOKThis book offers an original theory of adjudication focused on the ethics of judging in courts of law. It offers two main theses. The good faith thesis defends the possibility of lawful judicial decisions even when judges have discretion. The permissible discretion thesis defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together, these two theses oppose both conservative theories that would restrict the scope of adjudication unduly and leftist critical theories that would liberate judges from the rule of law.
The Critique of Judgment (Theory of the Aesthetic Judgment & Theory of the Teleological Judgment)
Author: Immanuel Kant
Publisher: Good Press
Published: 2024-01-09
Total Pages: 319
ISBN-13:
DOWNLOAD EBOOKImmanuel Kant's 'The Critique of Judgment' explores the realms of aesthetic judgment and teleological judgment in a rigorous and thought-provoking manner. In this seminal work, Kant delves into the concepts of beauty, taste, and the nature of artistic creation. He presents a detailed analysis of how judgment functions in relation to aesthetics, weaving together philosophical insights with practical examples to illustrate his points. Through his meticulous argumentation, Kant lays the groundwork for the understanding of the role of judgment in appreciating art and nature. The book's dense yet insightful prose engages readers in a contemplative journey through the intersections of art, nature, and human perception. Immanuel Kant, a renowned German philosopher of the Enlightenment era, was influenced by thinkers such as Leibniz and Rousseau. His deep interest in metaphysics and epistemology led him to ponder the fundamental principles that govern human experience. 'The Critique of Judgment' reflects Kant's comprehensive philosophical system, bridging the gap between his earlier works on metaphysics and ethics. I highly recommend 'The Critique of Judgment' to readers who are interested in delving into the complexities of aesthetic and teleological judgment. Kant's nuanced arguments and incisive analysis pave the way for a deeper appreciation of art, nature, and the human mind. This book is essential reading for anyone seeking to explore the intersections of philosophy, aesthetics, and the nature of beauty.
World of Image in Islamic Philosophy
Author: van Lit L. W. C. van Lit
Publisher: Edinburgh University Press
Published: 2017-04-01
Total Pages: 197
ISBN-13: 1474415873
DOWNLOAD EBOOKOne of the most controversial issues that divided Islamic philosophers and theologians during the Middle Ages was whether human beings would have a spiritual or bodily existence after death. The idea of a world of image was conceived as a solution, suggesting that there exists a world of non-physical (imagined) bodies, beyond our earthly existence. This world may be reached in sleep, in meditation or after death.From the embryonic conception by Ibn Sina, to the radical rethinking by Suhrawardi and Shahrazuri into a sophisticated system, L. W. C. van Lit unravels the history of this idea. Using a distant reading approach for measuring the transmission, he further shows how the idea remained relevant for Muslim thinkers through the centuries, up until today.
Whig Interpretation of History
Author: Herbert Butterfield
Publisher: W. W. Norton & Company
Published: 1965
Total Pages: 148
ISBN-13: 9780393003185
DOWNLOAD EBOOKFive essays on the tendency of modern historians to update other eras and on the need to recapture the concrete life of the past.
Judging Under Uncertainty
Author: Adrian Vermeule
Publisher: Harvard University Press
Published: 2006
Total Pages: 356
ISBN-13: 9780674022102
DOWNLOAD EBOOKIn this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.
