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Philosophical Problems In The Law

Author: David M. Adams
Publisher: Wadsworth Publishing Company
ISBN: 9780534584283
Size: 63.73 MB
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PHILOSOPHICAL PROBLEMS IN THE LAW is the perfect introduction to the philosophy of law! This collection of articles and cases helps you consider philosophical problems associated with the law through examples, case studies, and decision scenarios. Case examples and recent decisions such as Pledge of allegiance case, Freedom of expression on the Internet, Supreme Court rulings on affirmative action, "Three-Strikes laws," and the death penalty help you see the real world relevance of what you are learning.

The Philosophy Of International Law

Author: Samantha Besson
Publisher: OUP Oxford
ISBN: 0191613533
Size: 46.41 MB
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International law has recently emerged as the subject-matter of an exciting new field of philosophical investigation. The Philosophy of International Law contains 29 cutting-edge essays by leading philosophers and international lawyers, all published here in English for the first time, that address the central philosophical questions about international law. The volume's overarching theme is the moral and political values that should guide the assessment and development of international law and institutions. Some of the essays tackle general topics such as the sources and legitimacy of international law, the nature of international legal adjudication, whether international law can or should aspire to be 'democratic', and the significance of state sovereignty. The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, international criminal law, international environmental law, and the laws of war. This volume is the most up-to-date and comprehensive treatment of the philosophy of international law in existence. It is also distinguished by its 'dialogical' methodology: there are two essays on each topic, with the second author engaging with the arguments of the first. It is an invaluable resource for anyone seeking a deeper understanding of the nature and value of international law.

Philosophy Law And The Family

Author: Laurence D. Houlgate
Publisher: Springer
ISBN: 3319511211
Size: 65.74 MB
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This textbook uses cases in family law to illustrate both traditional philosophical problems in the law as well as problems that are unique to family law. In the beginning chapters family law cases are employed to introduce the reader to philosophical debates about the relationship between law and morals, about how one ought to interpret the U.S. Constitution and its amendments, about the conditions under which individual liberty is justifiably limited by law, about the justification of punishment, and about the justification of remedies and standards of care in determining negligence in tort cases. Later chapters are devoted to contemporary issues unique to family law, including justifiable limits of access to marriage, alternatives to marriage, the rights of children, child custody disputes involving surrogate births, quasi-property disputes involving custody of frozen embryos, and the justifiable limits of the right not to procreate. The book reflects current movements, contemporary debates, and recent research on the philosophical problems in family law.

Philosophical Problems And Arguments

Author: James W. Cornman
Publisher: Hackett Publishing
ISBN: 9780872201248
Size: 36.54 MB
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Widely used by instructors who emphasize the logical structure of philosophical theories and the dialectical play of argument, this popular work provides clear, reliable, and up-to-date discussions of central philosophical debates. The fourth edition incorporates major revisions--the first since 1982--and features an extensive change in content. Every chapter has been reworked to improve its organization, to make it more accessible and engaging to the student, and to reflect recent discussions.

Philosophical Problems Of Behavioural Economics

Author: Stefan Heidl
Publisher: Routledge
ISBN: 1317267842
Size: 49.54 MB
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The goal of behavioural economics is to improve the explanatory and predictive power of economics. This can be achieved by using theoretical and methodological resources of psychology. Its fundamental idea is that the relationship between psychology and economics cannot be subsumed under standard philosophical accounts of intertheoretical relations. Philosophical Problems of Behavioural Economics argues that behavioural economics is best understood as an attempt to deidealize economic theory guided by psychological research. Behavioural economics deconstructs the model of decision-making by adding different elements. Based on this understanding behavioural economics has a number of tasks: first, it has to identify which economic theory needs to be challenged; second it aims to identify factors which need to be modelled within economic theories of choice and modify the theory accordingly; and finally, it has to create models that explain economic phenomena based on the new theory. This book analyses the different stages of this deconstruction process and shows how the scientific disciplines of economics and psychology are connected by it. This volume develops a new account of intertheoretical relations based on the idea of deidealization and thus contributes to debates within the philosophy of social science. It is suitable for those who are interested in or study economic theory and philosophy, economic psychology and philosophy of social science.

Kazimierz Opa Ek Selected Papers In Legal Philosophy

Author: Jan Wolenski
Publisher: Springer Science & Business Media
ISBN: 9401592578
Size: 70.70 MB
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Philosophical aspects of law and jurisprudence are investigated from various points of view. This collection represents the analytic approach to legal philosophy. However, this approach is not extreme in the sense that it is limited exclusively to linguistic matters. The concept of norm as a directive of conduct is the central category analyzed in particular essays. The structure of directives as well as their semantic and pragmatic roles are studied. Pragmatic functions of directives are linked with their functioning as speech acts. Moreover, existence and validity of norms are analyzed. The author also touches on general methodological problems of legal theory and philosophy, particularly their relations to social sciences. The collection covers material interesting for philosophers, lawyers and social scientists.

The Law In Philosophical Perspectives

Author: Luc J. Wintgens
Publisher: Springer Science & Business Media
ISBN: 9401593175
Size: 33.31 MB
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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.

Philosophical Problems Of Space And Time

Author: Adolf Grünbaum
Publisher: Springer Science & Business Media
ISBN: 940102622X
Size: 71.31 MB
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It is ten years since Adolf Griinbaum published the first edition of this book. It was promptly recognized to be one of the few major works in the philosophy of the natural sciences of this generation. In part, this is so because Griinbaum has chosen a problem basic both to philosophy and to the natural sciences - the nature of space and time; and in part, this is so because he so admirably exemplifies that Aristotelian devotion to the intimate and mutual dependence of actual science and philosophical understanding. More than this, however, the quality of his work derives from his achievement in combining detail with scope. The problems of space and time have been among the most difficult in contemporary and classical thought, and Griinbaum has been responsible to the full depth and complexity of these difficulties. This revised and enlarged second edition is a work in progress, in the tradition of reflective analysis of modern science of such figures as Ehrenfest and Reichenbach. In publishing this work among the Boston Studies in the Philosophy of Science, we hope to contribute to and encourage that broad tradition of natural philosophy which is marked by the close collaboration of philoso phers and scientists. To this end, we have published the proceedings of our Colloquia, of meetings and conferences here and abroad, as well as the works of single authors.

Philosophical Foundations Of The Law Of Torts

Author: John Oberdiek
Publisher: Oxford University Press
ISBN: 0198701381
Size: 50.34 MB
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This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.