Naturalism And The Frontiers Of Legal Science
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Author | : Tomasz Pietrzykowski |
Publisher | : Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften |
Total Pages | : 214 |
Release | : 2021-05-27 |
Genre | : |
ISBN | : 9783631844984 |
The essay discusses one of the challenges to the methodology of the law - a new wave of naturalistic approaches. The book aims to outline how these new developments affect studying and explaining the law. It distinguishes two fundamentally different models of the scientific inquiry of the law and discusses the nature of its scientific status....
Author | : Brian Leiter |
Publisher | : |
Total Pages | : 0 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9780199299010 |
Gathering together Brian Leiter's most influential essays on the subject of American legal realism, this book provides an overview of his redefinition of legal realism and its relationship with other models of legal and philosophical thought, from naturalism in philosophy to critical legal studies.
Author | : Samuel Zinaich, Jr. |
Publisher | : Rowman & Littlefield |
Total Pages | : 207 |
Release | : 2020-07-15 |
Genre | : Philosophy |
ISBN | : 1498598803 |
In legal jurisprudence, the phenomenon of “hard cases” presents itself as a dilemma between the legal positivists and the natural law realists. Of the former, without the metaphysical underpinnings of an objective legal or moral standard, the legal positivists cannot supply convincing arguments to supplant the sovereign as the origin and authority of law. The natural law realists face the problem of justifying the natural law. Against both views, S. Zinaich Jr. defends a middle position, Analytical Legal Naturalism (ALN). It represents an analytic norm, both necessarily true and known a posteriori. Against the legal positivists, it supplies an objective legal standard by removing--at least for hard cases--the necessity of the will of a sovereign authority. Against the natural law realists, ALN provides a nonmoral standard which, because of its analyticity and necessity, avoids the need for metaethical speculation. Finally, ALN provides a standard that not only supplies the universalizable punch to avoid political subjectivism, but does so in a conventional manner. Thus, ALN does not require a moral or modal reality as truth-making characteristics. Rather, it makes what is legally valuable or disvaluable dependent upon empirically verifiable facts that are legally relevant.
Author | : Richard G. Beidleman |
Publisher | : Univ of California Press |
Total Pages | : 501 |
Release | : 2006-03-02 |
Genre | : Biography & Autobiography |
ISBN | : 0520230108 |
"In California's Frontier Naturalists, Richard Beidleman has eloquently chronicled the history of explorations and discovery that revealed the grand legacy of California's biodiversity. More than just a series of scholarly essays about naturalists, collections, and species, this book provides lively insight into the motivation that lured diverse naturalists to California's 'natural cornucopia', their personalities, their remarkable experiences, and their lasting contributions."—Dieter Wilken, Santa Barbara Botanic Garden
Author | : Brian Leiter |
Publisher | : |
Total Pages | : 287 |
Release | : 2007 |
Genre | : Jurisprudence |
ISBN | : 9780191715020 |
Gathering together Brian Leiter's most influential essays on the subject of American legal realism, this book provides an overview of his redefinition of legal realism and its relationship with other models of legal and philosophical thought, from naturalism in philosophy to critical legal studies.
Author | : Rodolfo Sacco |
Publisher | : Emile Bruylant |
Total Pages | : 234 |
Release | : 2011 |
Genre | : Law |
ISBN | : 9782802726296 |
L’ouvrage reproduit les actes d’un congrès, qui s’est tenu à Turin en 2007. L’initiative est due à une organisation “ISAIDAT” qui est toujours à la recherche des thèmes laissés en friche par les Universités et les Académies. Le congrès en question fait suite à deux autres colloques, ayant comme objet, respectivement, les multiples langues du droit européen uniforme (1998), et l’interprétation des textes juridiques rédigés en plus d’une langue (2001). Le congrès de 2007 a été consacré à l’anthropologie du droit, à la traduction juridique, et aux liens existant entre les deux.
Author | : S. ZINAICH (JR.) |
Publisher | : Lexington Books |
Total Pages | : 240 |
Release | : 2020-05-15 |
Genre | : Law |
ISBN | : 9781498598798 |
This book argues that analytical legal naturalism, which avoids the arbitrary principles associated with legal positivism and the odd properties associated with natural law, is a superior alternative for solving hard legal cases, where no close precedent arises or where conflicting precedents seem relevant.
Author | : Horatia Muir Watt |
Publisher | : Bloomsbury Publishing |
Total Pages | : 367 |
Release | : 2023-05-18 |
Genre | : Law |
ISBN | : 1509940111 |
This important book offers an ambitious and interdisciplinary vision of how private international law (or the conflict of laws) might serve as a heuristic for re-working our general understandings of legality in directions that respond to ever-deepening global ecological crises. Unusual in legal scholarship, the author borrows (in bricolage mode) from the work of Bruno Latour, alongside indigenous cosmologies, extinction theories and Levinassian phenomenology, to demonstrate why this field's specific frontier location at the outpost of the law where it is viewed from the outside as obscure and from the inside as a self-contained normative world generates its potential power to transform law generally and globally. Combining pragmatic and pluralist theory with an excavation of 'shadow' ecological dimensions of law, the author, a recognised authority within the field as conventionally understood, offers a truly global view. Put simply, it is a generational magnum opus. All international and transnational lawyers, be they in the private or public field, should read this book.
Author | : Rose-Mary Sargent |
Publisher | : University of Chicago Press |
Total Pages | : 369 |
Release | : 2009-04-03 |
Genre | : Biography & Autobiography |
ISBN | : 0226735621 |
In a provocative reassessment of one of the quintessential figures of early modern science, Rose-Mary Sargent explores Robert Boyle's philosophy of experiment, a central aspect of his life and work that became a model for mid- to late seventeenth-century natural philosophers and for many who followed them. Sargent examines the philosophical, legal, experimental, and religious traditions—among them English common law, alchemy, medicine, and Christianity—that played a part in shaping Boyle's experimental thought and practice. The roots of his philosophy in his early life and education, in his religious ideals, and in the work of his predecessors—particularly Bacon, Descartes, and Galileo—are fully explored, as are the possible influences of his social and intellectual circle. Drawing on the full range of Boyle's published works, as well as on his unpublished notebooks and manuscripts, Sargent shows how these diverse influences were transformed and incorporated into Boyle's views on and practice of experiment.
Author | : Olufemi Taiwo |
Publisher | : |
Total Pages | : 794 |
Release | : 1986 |
Genre | : |
ISBN | : |