Results for 'Law Philosophy'

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  1.  39
    Mourning Becomes the Law: Philosophy and Representation.Gillian Rose - 1996 - Cambridge University Press.
    In Mourning Becomes the Law, Gillian Rose takes us beyond the impasse of post-modernism or 'despairing rationalism withour reason'. Arguing that the post-modern search for a 'new ethics' and ironic philosophy are incoherent, she breathes new life into the debates concerning power and domination, transcendence and eternity. Mourning Becomes the Law is the philosophical counterpart to Gillian Rose's highly acclaimed memoir Love's Work. She extends similar clarity and insight to discussions of architecture, cinema, painting and poetry, through which relations (...)
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  2. Law, Philosophy and Responsibility: The Roman Ingarden Contribution.Michal Peno - manuscript
    This text is a kind of sketch and presents some simple ideas. The aim of this article is to carry out a critical and reflexive analysis of Roman Ingarden's philosophy of responsibility. Being a member of the phenomenological current, Ingarden mainly studied the ontological bases or conditions of responsibility by identifying different situations of responsibility. In this paper situations of responsibility have been analysed in the semantic contexts in which the word "responsibility" appears. Legally, the prescriptive contexts of using (...)
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  3.  15
    Criminal Law, Philosophy and Public Health Practice.A. M. Viens, John Coggon & Anthony S. Kessel (eds.) - 2013 - Cambridge University Press.
    The goal of improving public health involves the use of different tools, with the law being one way to influence the activities of institutions and individuals. Of the regulatory mechanisms afforded by law to achieve this end, criminal law remains a perennial mechanism to delimit the scope of individual and group conduct. However, criminal law may promote or hinder public health goals, and its use raises a number of complex questions that merit exploration. This examination of the interface between criminal (...)
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  4. Law, Philosophy and Imitatio Dei in Maimonides.Ws Wurzburger - 1987 - Aquinas 30 (1):27-39.
     
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  5. Law, Justice and the State Nordic Perspectives : Proceedings of the 16th World Congress of the International Association for Philosophy of Law and Social Philosophy , Reykjavík, 26 May-2 June, 1993. [REVIEW]Mikael M. International Association for Philosophy of Law and Social Philosophy, Karlsson & Ólafur Páll Jónsson - 1995
     
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  6.  1
    Contributions to Law, Philosophy and Ecology: Exploring Re-Embodiments.Ruth Thomas-Pellicer, Vito De Lucia & Sian Sullivan (eds.) - 2016 - Routledge.
    _Contributions to Law, Philosophy and Ecology: Exploring Re-Embodiments_ is a preliminary contribution to the establishment of re-embodiments as a theoretical strand within legal and ecological theory and philosophy. Re-embodiments are all those contemporary practices and processes that exceed the epistemic horizon of modernity. As such, they offer a plurality of alternative modes of theory and practice that seek to counteract the ecocidal tendencies of the Anthropocene. The collection is comprised of eleven contributions approaching re-embodiments from a multiplicity of (...)
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  7. Criminal Law, Philosophy, and Psychology: Working At the Cross-Roads.Thomas Nadelhoffer - 2011 - In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law: Volume 1. Oxford University Press.
     
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  8. Criminal Law, Philosophy, and Psychology : Working at the Cross-Roads.Thomas Nadelhoffer - 2011 - In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. Oxford University Press.
     
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  9.  40
    The “War” Between Natural Law Philosophy and Legal Positivism.Norman E. Bowie - 1974 - Idealistic Studies 4 (2):145-155.
    The war between natural law philosophy and legal positivism is an ancient one. For a time the stunning victories of Bentham and Austin virtually drove the forces of natural law from the battlefield. However, upon the collapse of Germany and Japan at the end of the Second World War, natural law became a useful tool in attempting to resolve the practical difficulties of trying war criminals. This fact and the rise of two able antagonistic generals, H. L. A. Hart (...)
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  10.  4
    The “War” Between Natural Law Philosophy and Legal Positivism.Norman E. Bowie - 1974 - Idealistic Studies 4 (2):145-155.
    The war between natural law philosophy and legal positivism is an ancient one. For a time the stunning victories of Bentham and Austin virtually drove the forces of natural law from the battlefield. However, upon the collapse of Germany and Japan at the end of the Second World War, natural law became a useful tool in attempting to resolve the practical difficulties of trying war criminals. This fact and the rise of two able antagonistic generals, H. L. A. Hart (...)
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  11. Law and the Future of Society a Selection of Papers Presented to the Extraordinary World Congress of the Internat. Assoc. For Philosophy of Law and Social Philosophy , Held in Sydney and Canberra, Australia, on 14-21 August, 1977. [REVIEW]F. C. Hutley & International Association for Philosophy of Law and Social Philosophy - 1979
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  12.  31
    Natural Law: A Translation of the Textbook for Kant’s Lectures on Legal and Political Philosophy.Gottfried Achenwall & Pauline Kleingeld (eds.) - 2020 - London: Bloomsbury.
    Correct bibliographical information is as follows: Gottfried Achenwall, _Natural Law: A Translation of the Textbook for Kant's Lectures on Legal and Political Philosophy_, edited by Pauline Kleingeld, translated by Corinna Vermeulen, with an Introduction by Paul Guyer. London: Bloomsbury, 2020. As the first translation into any modern language of Achenwall’s Ius naturae, from the 1763 edition used by Immanuel Kant, this is an essential work for anyone interested in Kant, the natural law tradition or the history of legal and political (...)
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  13.  39
    Mourning Becomes the Law: Philosophy and Representation. [REVIEW]David Sherman - 1999 - Dialogue 38 (2):458-460.
    Adorning the cover of Mourning Becomes the Law is a replica of Gathering the Ashes of Phocion, a painting by Nicholas Poussin. An Athenian beyond reproach, Phocion had been put to death by tyrants who had taken control of the city, his ashes left on the pyre. In the darkened foreground, Phocion’s wife gathers her husband’s ashes on her hands and knees while her female attendant shields her from the view of the city, which rises up behind them. With its (...)
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  14. Recht, Gerechtigkeit Und der Staat Studien Zu Gerechtigkeit, Demokratie, Nationalität, Nationalen Staaten Und Supranationalen Staaten Aus der Perspektive der Rechtstheorie, der Sozialphilosophie Und der Sozialwissenschaften = Law, Justice, and the State : Studies in Justice, Democracy, Nationality, National States, and Supra-National States From the Standpoints of Legal Theory, Social Philosophy, and Social Science.World Congress on Philosophy of Law and Social Philosophy, Mikael M. Karlsson, Ólafur Páll Jónsson & Eyja Margrét Brynjarsdóttir - 1997
     
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  15. Residues of Justice: Literature, Law, Philosophy.Wai Chee Dimock - 1996 - University of California Press.
    In this arresting book, Wai Chee Dimock takes on the philosophical tradition from Kant to Rawls, challenging its conception of justice as foundational, self-evident, and all-encompassing. The idea of justice is based on the premise that the world can be resolved into commensurate terms: punishment equal to the crime, redress equal to the injury, benefit equal to the desert. Dimock focuses, however, on what remains unexhausted, unrecovered, and noncorresponding in the exercise of justice. To honor these "residues," she turns to (...)
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  16. Residues of Justice: Literature, Law, Philosophy.Wai Chee Dimock - 1996 - University of California Press.
    In this arresting book, Wai Chee Dimock takes on the philosophical tradition from Kant to Rawls, challenging its conception of justice as foundational, self-evident, and all-encompassing. The idea of justice is based on the premise that the world can be resolved into commensurate terms: punishment equal to the crime, redress equal to the injury, benefit equal to the desert. Dimock focuses, however, on what remains unexhausted, unrecovered, and noncorresponding in the exercise of justice. To honor these "residues," she turns to (...)
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  17. Mourning Becomes the Law: Philosophy and Representation, by Gillian Rose. [REVIEW]Kimberly Hutchings - 1997 - Women’s Philosophy Review 17:39-40.
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  18. The Ontology of Cyberspace: Law, Philosophy, and the Future of Intellectual Property.A. Moore - 2001 - Knowledge, Technology & Policy 14 (2):135-136.
     
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  19.  4
    Introduction: Interfacing Law, Philosophy and Psychiatry.John McMillan & Luca Malatesti - 2010 - In Luca Malatesti & John McMillan (eds.), Responsibility and Psychopathy: Interfacing Law, Psychiatry and Philosophy. Oxford University Press.
  20. Elements of Natural Law Philosophy.Jerome Hall - 1964 - In Sidney Hook (ed.), Law and Philosophy. New York University Press.
     
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  21.  25
    The Natural Law Philosophy of Mencius.Paul K. T. Sih - 1957 - New Scholasticism 31 (3):317-337.
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  22. A Philosophy of International Law.Fernando R. Tesón - 1998 - Westview Press.
    Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and they (...)
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  23. Law and Explanation: An Essay in the Philosophy of Science.Peter Achinstein - 1971 - London: Oxford University Press.
  24.  79
    The Philosophy of Criminal Law: Selected Essays.Douglas N. Husak - 2010 - Oxford University Press.
    Does criminal liability require an act? -- Motive and criminal liability -- The costs to criminal theory of supposing that intentions are irrelevant to permissibility -- Transferred intent -- The nature and justifiability of nonconsummate offenses -- Strict liability, justice, and proportionality -- The sequential principle of relative culpability -- Willful ignorance, knowledge, and the equal culpability thesis : a study of the significance of the principle of legality -- Rapes without rapists : consent and reasonable mistake -- Mistake of (...)
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  25.  4
    Law's Meaning of Life: Philosophy, Religion, Darwin and the Legal Person.Ngaire Naffine - 2009 - Hart.
    The perennial question posed by the philosophically-inclined lawyer is 'What is law?' or perhaps 'What is the nature of law?' This book poses an associated, but no less fundamental, question about law which has received much less attention in the legal literature. It is: 'Who is law for?' Whenever people go to law, they are judged for their suitability as legal persons. They are given or refused rights and duties on the basis of ideas about who matters. These ideas are (...)
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  26. The Philosophy of International Law.Samantha Besson & John Tasioulas (eds.) - 2010 - Oxford University Press.
    The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, ...
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  27.  86
    Natural Law and Moral Philosophy: From Grotius to the Scottish Enlightenment.Knud Haakonssen - 1996 - Cambridge University Press.
    This major contribution to the history of philosophy provides the most comprehensive guide to modern natural law theory available, sets out the full background to liberal ideas of rights and contractarianism, and offers an extensive study of the Scottish Enlightenment. The time span covered is considerable: from the natural law theories of Grotius and Suarez in the early seventeenth century to the American Revolution and the beginnings of utilitarianism. After a detailed survey of modern natural law theory, the book (...)
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  28. Retributivism and its Critics Canadian Section of the International Society for Philosophy of Law and Social Philosophy : Papers of the Special Nordic Conference Held at the University of Toronto, 25-27 June 1990. [REVIEW]Wesley Cragg & International Society for Philosophy of Law and Social Philosophy - 1992
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  29.  23
    Philosophy of Law.Joel Feinberg & Hyman Gross (eds.) - 1975 - Dickenson Pub. Co..
    This leading anthology contains legal cases and essays written by the best scholars in legal philosophy, representing all major points of view on central topics in philosophy of law. This classic text is distinguished by its clarity, readability, 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 marked by inclusion of many articles relevant to womens issues and (...)
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  30.  10
    Law, Rights and Discourse: The Legal Philosophy of Robert Alexy.George Pavlakos & Robert Alexy (eds.) - 2007 - Hart.
    This volume reflects the breadth of Alexy's philosophy, identifies new areas of inquiry and offers a new impetus to the discourse theory of law.
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  31. Philosophy of Law and Jurisprudence.Mortimer Jerome Adler - 1961 - Chicago: Encyclopaedia Britannica.
  32. Giorgio Bongiovanni, Giovanni Sartor, and Chiara Valentini (Eds.), Reason-Ableness and Law, Law & Philosophy Library 86. New York: Springer, 2009. Pp. Xvii 484. Marie Gottschalk, The Prison and the Gallows: The Politics of Mass Incarceration in America. New York: Cambridge University Press, 2009. Pp. Xiii. [REVIEW]Rickie Solinger, Paula C. Johnson, Martha L. Raimon & Tina Reynolds - 2010 - Criminal Justice Ethics 29 (1):70.
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  33. The Philosophy Files.Stephen Law - 2000 - Orion Children's Books.
    Is there a God, should I eat meat, where does the universe come from, could I live for ever as a robot? These are the big questions readers will be wrestling with in this thoroughly enjoyable book. Dip into any chapter and you will find lively scenarios and dialogues to take you through philosophical puzzles ancient and modern, involving virtual reality, science fiction and a host of characters from this and other planets. The text is interspersed on every page with (...)
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  34.  46
    Philosophy of Criminal Law.Douglas N. Husak - 1987 - Rowman & Littlefield.
    This volume collects 17 of Douglas Husak's influential essays in criminal law theory. The essays span Husak's original and provocative contributions to the central topics in the field, including the grounds of criminal liability, relative culpability, the role of defences, and the justification of punishment. The volume includes an extended introduction by the author, drawing together the themes of his work, and exploring the goals of criminal theory.
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  35. The Philosophy of Law.Ronald M. Dworkin (ed.) - 1977 - Oxford University Press.
    Echoing the debate about the nature of law that has dominated legal philosophy for several decades, this volume includes essays on the nature of law and on law not as it is but as it should be. Wherever possible, essays have been chosen that have provoked direct responses from other legal philosophers, and in two cases these responses are included. Contributors include H.L.A. Hart, R.M. Dworkin, Lord Patrick Devlin, John Rawls, J.J. Thomson, J. Finnis, and T.M. Scanlon.
     
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  36.  35
    The Philosophy of Law: An Exposition of the Fundamental Principles of Jurisprudence as the Science of Right.Immanuel Kant - 1887 - Clifton [N.J.]A. M. Kelley.
    This edition also reprints Kant's later Supplementary Explanations (1797), which was added to the second edition (1798).
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  37. The Authority of the German Religious Constitution: Public Law, Philosophy, and Democracy.Ian Hunter - unknown
    The present religious constitution of the Federal Republic of Germany is the product of protracted historical conflicts and political settlements that began in the sixteenth century. The mediation of these conflicts and settlements and the piecemeal establishment of the constitution was the achievement of imperial public law and diplomacy. Germany’s religious constitution—a secular and relativistic juridical framework protecting a plurality of confessional religions—pre-dated liberalism and democracy, and owes nothing to normative philosophical constructions of individual freedoms and rights, or social justice (...)
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  38.  1
    Philosophy of Law.Andrei Marmor - 2010 - Princeton University Press.
    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. Is the normative content of a law entirely determined by the facts that make it a law? Are there some normative moral constraints (...)
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  39.  10
    Law, Human Agency, and Autonomic Computing: The Philosophy of Law Meets the Philosophy of Technology.Mireille Hildebrandt & Antoinette Rouvroy (eds.) - 2011 - Routledge.
    Law, Human Agency and Autonomic Computing interrogates the legal implications of the notion and experience of human agency implied by the emerging paradigm of autonomic computing, and the socio-technical infrastructures it supports. The development of autonomic computing and ambient intelligence âe" self-governing systems âe" challenge traditional philosophical conceptions of human self-constitution and agency, with significant consequences for the theory and practice of constitutional self-government. Ideas of identity, subjectivity, agency, personhood, intentionality, and embodiment are all central to the functioning of modern (...)
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  40. J. Angelo Corlett, Race, Rights, and Justice, Law & Philosophy Library 85. New York: Springer Publishing Co., 2009. Pp. Xii 228. Anne-Marie Cusac, The Culture of Punishment in America. New Haven: Yale University Press, 2009. Pp. Xii 318. Michael Lynch, Simon A. Cole, Ruth McNally & Kathleen Jordan, Truth. [REVIEW]John F. Wozniak, Michael C. Braswell, Ronald E. Vogel & Kristie R. Blevins - 2009 - Criminal Justice Ethics 28 (2):254.
  41.  86
    Conservation Laws and the Philosophy of Mind: Opening the Black Box, Finding a Mirror.J. Brian Pitts - 2019 - Philosophia 48 (2):673-707.
    Since Leibniz's time, Cartesian mental causation has been criticized for violating the conservation of energy and momentum. Many dualist responses clearly fail. But conservation laws have important neglected features generally undermining the objection. Conservation is _local_, holding first not for the universe, but for everywhere separately. The energy in any volume changes only due to what flows through the boundaries. Constant total energy holds if the global summing-up of local conservation laws converges; it probably doesn't in reality. Energy conservation holds (...)
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  42.  31
    Law, Reason, and the Cosmic City: Political Philosophy in the Early Stoa.Katja Maria Vogt - 2008 - Oup Usa.
    This book argues that political philosophy is central to early Stoic philosophy, and is deeply tied to the Stoics' conceptions of reason and wisdom. Broad in scope, it explores the Stoics' idea of the cosmic city, their notion of citizen-gods, as well as their account of the law.
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  43. Philosophy of Law: An Introduction to Jurisprudence.Jeffrie G. Murphy - 1989 - Westview Press.
    In 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, (...)
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  44.  18
    Peacebuilding in the African Union: Law, Philosophy and Practice.Abou Jeng - 2012 - Cambridge University Press.
    Machine generated contents note: 1. Introduction; 2. International law and postcolonial Africa; 3. Violence and conflicts in Africa; 4. Institutional responses to conflicts; 5. Genesis of the African Union; 6. Structures and philosophy of the African Union; 7. The African Union's peacebuilding travails in Burundi; 8. The African Union and peace initiatives in post-state Somalia; 9. Towards an African Union philosophy on peacebuilding?.
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  45. A Philosophy of Evidence Law: Justice in the Search for Truth.H. L. Ho - 2008 - Oxford University Press.
    This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
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  46. Introduction: Reasoning About Fairness and Unfairness in Law, Philosophy, and Political Theory.Richard J. Bernstein - 2006 - Social Research: An International Quarterly 73 (2):571-573.
  47. Philosophy of Law: An Introduction.Mark Tebbit - 2000 - Routledge.
    __ _Philosophy 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 (...)
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  48.  35
    Philosophy of Private Law.William Lucy - 2007 - Oxford University Press.
    In what, if any sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement and this book provides both an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law.
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  49.  20
    Torture, Necessity, and the Union of Law & Philosophy.Kimberly Kessler Ferzan - manuscript
    This brief essay critiques the torture memoranda's use of the necessity defense from the perspectives of criminal law doctrine, criminal law theory, and moral philosophy.
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  50.  2
    Philosophy and International Law: A Critical Introduction.David Lefkowitz - 2020 - Cambridge University Press.
    In Philosophy and International Law, David Lefkowitz examines core questions of legal and political philosophy through critical reflection on contemporary international law. Is international law really law? The answer depends on what makes law. Does the existence of law depend on coercive enforcement? Or institutions such as courts? Or fidelity to the requirements of the rule of law? Or conformity to moral standards? Answers to these questions are essential for determining the truth or falsity of international legal skepticism, (...)
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