The Law in Philosophical Perspectives
The Law in Philosophical Perspectives

Author: Luc J. Wintgens

Publisher: Springer Science & Business Media

Published: 2013-04-17

Total Pages: 284

ISBN-13: 9401593175

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In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.

Pragmatics and Law
Pragmatics and Law

Author: Alessandro Capone

Publisher: Springer

Published: 2016-05-02

Total Pages: 278

ISBN-13: 3319303856

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This volume highlights important aspects of the complex relationship between common language and legal practice. It hosts an interdisciplinary discussion between cognitive science, philosophy of language and philosophy of law, in which an international group of authors aims to promote, enrich and refine this new debate. Philosophers of law have always shown a keen interest in cognitive science and philosophy of language in order to find tools to solve their problems: recently this interest was reciprocated and scholars from cognitive science and philosophy of language now look to the law as a testing ground for their theses. Using the most sophisticated tools available to pragmatics, sociolinguistics, cognitive sciences and legal theory, an interdisciplinary, international group of authors address questions like: Does legal interpretation differ from ordinary understanding? Is the common pragmatic apparatus appropriate to legal practice? What can pragmatics teach about the concept of law and pervasive legal phenomena such as testimony or legal disagreements?

Giorgio Agamben
Giorgio Agamben

Author: Tom Frost

Publisher: Routledge

Published: 2013-11-20

Total Pages: 263

ISBN-13: 1134097794

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This book collects new contributions from an international group of leading scholars – including many who have worked closely with Agamben – to consider the impact of Agamben’s thought on research in the humanities and social sciences. Giorgio Agamben: Legal, Political and Philosophical Perspectives addresses the potential of Agamben’s thought by re-focusing attention away from his critiques of Western politics and towards his scheme for a political future. Part I of the book draws upon a wide range of issues such as legal oaths, legal reasoning and Christian conceptions of love in order to examine the potential for Agamben’s work to impact upon future legal scholarship. Part II focuses on political perspectives that include references to Marx, Rousseau and Agamben’s conception of the ‘messianic’. Theology, biology, and the thought of Gilles Deleuze, Walter Benjamin and Antonin Artaud are all drawn upon in Part III to explore philosophical perspectives in Agamben’s thought. This book demonstrates the importance and originality of Giorgio Agamben, who has articulated a vision of politics that must be recognised as an influential contribution to modern philosophical and political thinking. It is a book that will be of considerable interest to many working across the humanities and social sciences.

The Nature of Customary Law
The Nature of Customary Law

Author: Amanda Perreau-Saussine

Publisher: Cambridge University Press

Published: 2007-05-17

Total Pages: 322

ISBN-13: 1139463217

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Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.

Law, Person, and Community
Law, Person, and Community

Author: John J. Coughlin

Publisher: Oxford University Press, USA

Published: 2012-04-19

Total Pages: 310

ISBN-13: 0199756775

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This publication takes up the fundamental question 'What is law?' through a comparative study of canon law and secular legal theory. The book also includes comparative consideration of the failure of canon law to address the clergy sexual abuse crisis the canon law of marriage, administrative law, the rule of law and much more.

Global Health and Human Rights
Global Health and Human Rights

Author: John Harrington

Publisher: Routledge

Published: 2010-06-10

Total Pages: 499

ISBN-13: 1136963723

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The right to health, having been previously neglected is now being deployed more and more often in litigation, activism and policy-making across the world. International bodies such as the WHO, UNAIDS, World Bank and WTO are increasingly using or being evaluated with reference to health rights, and international NGOs frequently use the language of rights in campaigning and in more concrete litigation. This book brings together an impressive array of internationally renowned scholars in the areas of law, philosophy and health policy to critically interrogate the development of rights based approaches to health. The volume integrates discussion of the right to health at a theoretical level in law and ethics, with the difficult substantive issues where the right is relevant, and with emerging systems of global health governance. The contributions to this volume will add to our theoretical and practical understanding of rights based approaches to health.

Philosophy of Law
Philosophy of Law

Author: Andrei Marmor

Publisher: Princeton University Press

Published: 2014-12-21

Total Pages: 180

ISBN-13: 0691163960

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In 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.

Philosophical Foundations of Language in the Law
Philosophical Foundations of Language in the Law

Author: Andrei Marmor

Publisher: OUP Oxford

Published: 2013-01-31

Total Pages: 288

ISBN-13: 0191654752

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This collection brings together the best contemporary philosophical work in the area of intersection between philosophy of language and the law. Some of the contributors are philosophers of language who are interested in applying advances in philosophy of language to legal issues, and some of the participants are philosophers of law who are interested in applying insights and theories from philosophy of language to their work on the nature of law and legal interpretation. By making this body of recent work available in a single volume, readers will gain both a general overview of the various interactions between language and law, and also detailed analyses of particular areas in which this interaction is manifest. The contributions to this volume are grouped under three main general areas: The first area concerns a critical assessment, in light of recent advances in philosophy of language, of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, such as the various ways in which semantic content can differ from law's assertive content; the contribution of presuppositions and pragmatic implicatures in understanding what the law conveys; the role of vagueness in legal language, for example. The third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems, such as the legal definitions of inchoate crimes, the legal definition of torture, or the contractual doctrines concerning default rules. Together, these three key issues cover a wide range of philosophical interests in law that can be elucidated by a better understanding of language and linguistic communication.

Philosophy of Law
Philosophy of Law

Author: Larry May

Publisher: Wiley-Blackwell

Published: 2009-05-11

Total Pages: 0

ISBN-13: 9781405183871

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Philosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices. Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization Features concrete examples in the form of cases significant to the evolution of law Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory