Wittgenstein And Legal Theory
Author: Dennis M. Patterson
Publisher: Westview Press
Published: 1992-02-25
Total Pages: 294
ISBN-13:
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Wittgenstein and Law
Author: Dennis Michael Patterson
Publisher: Routledge
Published: 2004
Total Pages: 504
ISBN-13:
DOWNLOAD EBOOKThe papers collected in this volume reflect a focus on the continuing relevance and importance of Wittgenstein's work for philosophy in general, and legal theory in particular.
Wittgenstein and Political Theory
Author: Christopher C Robinson
Publisher: Edinburgh University Press
Published: 2011-03-24
Total Pages: 269
ISBN-13: 0748687947
DOWNLOAD EBOOKThis book, newly available in paperback, relates Wittgenstein's philosophy to a range of problems and trends in contemporary political theory.
Reasoning with Law
Author: Andrew Halpin
Publisher: Hart Publishing
Published: 2001-12-31
Total Pages: 211
ISBN-13: 1841130702
DOWNLOAD EBOOKThis book attempts to demonstrate how the problems of understanding legal reasoning replicate difficulties encountered in the philosophy of language. At the same time, it challenges the attempts that have been made to harness approaches from within that discipline to illuminate legal reasoning. An introductory section deals with some preliminary matters in considering the nature of the relationship between legal theory and the practice of law, the scope of legal reasoning, and the role of the judge. Then the suggestion is made that the practice at the heart of legal reasoning is itself a manifestation of the way in which the limitations of language and the incompleteness of human experience at the same time provide the opportunity for coherent development, as well as displaying an inherent instability. The final section considers some of the implications of this suggestion for the practice of legal definition, an institutional approach to law, the general possibility of providing a theoretical model of law, and the nature of law's critical aperture.
Wittgenstein: A Very Short Introduction
Author: A. C. Grayling
Publisher: OUP Oxford
Published: 2001-02-22
Total Pages: 177
ISBN-13: 0191540382
DOWNLOAD EBOOKLudwig Wittgenstein (1889-1951) was an extraordinarily original philospher, whose influence on twentieth-century thinking goes well beyond philosophy itself. In this book, which aims to make Wittgenstein's thought accessible to the general non-specialist reader, A. C. Grayling explains the nature and impact of Wittgenstein's views. He describes both his early and later philosophy, the differences and connections between them, and gives a fresh assessment of Wittgenstein's continuing influence on contemporary thought. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Law, Truth, and Reason
Author: Raimo Siltala
Publisher: Springer Science & Business Media
Published: 2011-07-29
Total Pages: 296
ISBN-13: 9400718721
DOWNLOAD EBOOKThis 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
Author: Dennis Michael Patterson
Publisher: Oxford University Press, USA
Published: 1996
Total Pages: 202
ISBN-13: 0195132475
DOWNLOAD EBOOKTaking 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.
Interpretation and Legal Theory
Author: Andrei Marmor
Publisher: Bloomsbury Publishing
Published: 2005-04-25
Total Pages: 190
ISBN-13: 1847310877
DOWNLOAD EBOOKThis is a revised and extensively rewritten edition of one of the most influential monographs on legal philosophy published in recent years. Writing in the introduction to the first edition the author characterized Anglophone philosophers as being ..."divided, and often waver[ing] between two main philosophical objectives: the moral evaluation of law and legal institutions, and an account of its actual nature." Questions of methodology have therefore tended to be sidelined, but were bound to surface sooner or later, as they have in the later work of Ronald Dworkin. The main purpose of this book is to provide a critical assessment of Dworkin's methodological turn, away from analytical jurisprudence towards a theory of interpretation, and the issues it gives rise to. The author argues that the importance of Dworkin's interpretative turn is not that it provides a substitute for 'semantic theories of law' (a dubious concept), but that it provides a new conception of jurisprudence, aiming to present itself as a comprehensive rival to the conventionalism manifest in legal positivism. Furthermore, once the interpretative turn is regarded as an overall challenge to conventionalism, it is easier to see why it does not confine itself to a critique of method. Law as interpretation calls into question the main tenets of its positivist rival, in substance as well as method. The book re-examines conventionalism in the light of this interpretative challenge.
Allowing for Exceptions
Author: Luís Duarte d'Almeida
Publisher: Oxford University Press (UK)
Published: 2015
Total Pages: 321
ISBN-13: 0199685789
DOWNLOAD EBOOKWithin limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve.
Wittgenstein's Metaphysics
Author: John W. Cook
Publisher: Cambridge University Press
Published: 1994-01-28
Total Pages: 382
ISBN-13: 0521460190
DOWNLOAD EBOOKWittgenstein's Metaphysics offers a radical new interpretation of the fundamental ideas of Ludwig Wittgenstein. It takes issue with the conventional view that after 1930 Wittgenstein rejected the philosophy of the Tractatus and developed a wholly new conception of philosophy. By tracing the evolution of Wittgenstein's ideas, Cook shows that they are neither as original nor as difficult as is often supposed. Wittgenstein was essentially an empiricist, and the difference between his early views (as set forth in the Tractatus) and the later views (as expounded in the Philosophical Investigations) lies chiefly in the fact that after 1930 he replaced his early version of reductionism with a subtler version. So he ended where he began, as an empiricist armed with a theory of meaning. This iconoclastic interpretation is sure to influence all future study of Wittgenstein and will provoke a reassessment of the nature of his contribution to philosophy.
