The Philosophy Of Judging
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| Author | : Pedro Alexis Tabensky |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 316 |
| Release | : 2006 |
| Genre | : Philosophy |
| ISBN | : 9780754653950 |
This collection embodies a debate that explores the tension between judging and understanding. It brings together work dealing with the moral, metaphysical, epistemological and phenomenological issues required for understanding whether or not there is a tension between judging and understanding and what the moral and legal implications may be of accepting or rejecting this tension.
| Author | : Isaac Kimbal Felch |
| Publisher | : |
| Total Pages | : 300 |
| Release | : 1898 |
| Genre | : Poultry |
| ISBN | : |
| Author | : Margaret Martin |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 308 |
| Release | : 2014-12-01 |
| Genre | : Law |
| ISBN | : 1782251790 |
Judging Positivism is a critical exploration of the method and substance of legal positivism. Margaret Martin is primarily concerned with the manner in which theorists who adopt the dominant positivist paradigm ask a limited set of questions and offer an equally limited set of answers, artificially circumscribing the field of legal philosophy in the process. The book focuses primarily but not exclusively on the writings of prominent legal positivist, Joseph Raz. Martin argues that Raz's theory has changed over time and that these changes have led to deep inconsistencies and incoherencies in his account. One re-occurring theme in the book is that Razian positivism collapses from within. In the process of defending his own position, Raz is led to support the views of many of his main rivals, namely, Ronald Dworkin, the legal realists and the normative positivists. The internal collapse of Razian positivism proves to be instructive. Promising paths of inquiry come into view and questions that have been suppressed or marginalised by positivists re-emerge ready for curious minds to reflect on anew. The broader vision of jurisprudential inquiry defended in this book re-connects philosophy with the work of practitioners and the worries of law's subjects, bringing into focus the relevance of legal philosophy for lawyers and laymen alike.
| Author | : John Holroyd |
| Publisher | : Silverwood Books |
| Total Pages | : 312 |
| Release | : 2019-09-04 |
| Genre | : Philosophy |
| ISBN | : 9781781328644 |
John Holyrod's dissection of religion and what it means today.
| Author | : Richard A. Posner |
| Publisher | : Harvard University Press |
| Total Pages | : 423 |
| Release | : 2013-10-07 |
| Genre | : Law |
| ISBN | : 0674184653 |
In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
| Author | : Immanuel Kant |
| Publisher | : Good Press |
| Total Pages | : 319 |
| Release | : 2024-01-09 |
| Genre | : Philosophy |
| ISBN | : |
Immanuel Kant's 'The Critique of Judgment' explores the realms of aesthetic judgment and teleological judgment in a rigorous and thought-provoking manner. In this seminal work, Kant delves into the concepts of beauty, taste, and the nature of artistic creation. He presents a detailed analysis of how judgment functions in relation to aesthetics, weaving together philosophical insights with practical examples to illustrate his points. Through his meticulous argumentation, Kant lays the groundwork for the understanding of the role of judgment in appreciating art and nature. The book's dense yet insightful prose engages readers in a contemplative journey through the intersections of art, nature, and human perception. Immanuel Kant, a renowned German philosopher of the Enlightenment era, was influenced by thinkers such as Leibniz and Rousseau. His deep interest in metaphysics and epistemology led him to ponder the fundamental principles that govern human experience. 'The Critique of Judgment' reflects Kant's comprehensive philosophical system, bridging the gap between his earlier works on metaphysics and ethics. I highly recommend 'The Critique of Judgment' to readers who are interested in delving into the complexities of aesthetic and teleological judgment. Kant's nuanced arguments and incisive analysis pave the way for a deeper appreciation of art, nature, and the human mind. This book is essential reading for anyone seeking to explore the intersections of philosophy, aesthetics, and the nature of beauty.
| Author | : Adrian Vermeule |
| Publisher | : Harvard University Press |
| Total Pages | : 356 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 9780674022102 |
In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.
| Author | : Richard A. Posner |
| Publisher | : Harvard University Press |
| Total Pages | : 338 |
| Release | : 2009-06-01 |
| Genre | : Law |
| ISBN | : 9780674042230 |
Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.
| Author | : Linda M.G. Zerilli |
| Publisher | : University of Chicago Press |
| Total Pages | : 401 |
| Release | : 2016-12-12 |
| Genre | : Philosophy |
| ISBN | : 022639803X |
In this sweeping look at political and philosophical history, Linda M. G. Zerilli unpacks the tightly woven core of Hannah Arendt’s unfinished work on a tenacious modern problem: how to judge critically in the wake of the collapse of inherited criteria of judgment. Engaging a remarkable breadth of thinkers, including Ludwig Wittgenstein, Leo Strauss, Immanuel Kant, Frederick Douglass, John Rawls, Jürgen Habermas, Martha Nussbaum, and many others, Zerilli clears a hopeful path between an untenable universalism and a cultural relativism that forever defers the possibility of judging at all. Zerilli deftly outlines the limitations of existing debates, both those that concern themselves with the impossibility of judging across cultures and those that try to find transcendental, rational values to anchor judgment. Looking at Kant through the lens of Arendt, Zerilli develops the notion of a public conception of truth, and from there she explores relativism, historicism, and universalism as they shape feminist approaches to judgment. Following Arendt even further, Zerilli arrives at a hopeful new pathway—seeing the collapse of philosophical criteria for judgment not as a problem but a way to practice judgment anew as a world-building activity of democratic citizens. The result is an astonishing theoretical argument that travels through—and goes beyond—some of the most important political thought of the modern period.
| Author | : Samuel Lebens |
| Publisher | : Taylor & Francis |
| Total Pages | : 296 |
| Release | : 2017-05-25 |
| Genre | : Philosophy |
| ISBN | : 1351733893 |
Bertrand Russell and the Nature of Propositions offers the first book-length defence of the Multiple Relation Theory of Judgement (MRTJ). Although the theory was much maligned by Wittgenstein and ultimately rejected by Russell himself, Lebens shows that it provides a rich and insightful way to understand the nature of propositional content. In Part I, Lebens charts the trajectory of Russell’s thought before he adopted the MRTJ. Part II reviews the historical story of the theory: What led Russell to deny the existence of propositions altogether? Why did the theory keep evolving throughout its short life? What role did G. F. Stout play in the evolution of the theory? What was Wittgenstein’s concern with the theory, and, if we can’t know what his concern was exactly, then what are the best contending hypotheses? And why did Russell give the theory up? In Part III, Lebens makes the case that Russell’s concerns with the theory weren’t worth its rejection. Moreover, he argues that the MRTJ does most of what we could want from an account of propositions at little philosophical cost. This book bridges the history of early analytic philosophy with work in contemporary philosophy of language. It advances a bold reading of the theory of descriptions and offers a new understanding of the role of Stout and the representation concern in the evolution of the MRTJ. It also makes a decisive contribution to philosophy of language by demonstrating the viability of a no-proposition theory of propositions.
