Wittgenstein and Law

Wittgenstein and Law
Author: Dennis Michael Patterson
Publisher: Routledge
Total Pages: 504
Release: 2004
Genre: Law
ISBN:

The papers collected in this volume reflect a focus on the continuing relevance and importance of Wittgenstein's work for philosophy in general, and legal theory in particular.

Wittgenstein on Rules and Private Language

Wittgenstein on Rules and Private Language
Author: Saul A. Kripke
Publisher: Harvard University Press
Total Pages: 164
Release: 1982
Genre: Philosophy
ISBN: 9780674954014

Table of Contents " Preface " Introductory " The Wittgensteinian Paradox " The Solution and the 'Private Language' Argument " Postscript Wittgenstein and Other Minds " Index.

Law, Truth, and Reason

Law, Truth, and Reason
Author: Raimo Siltala
Publisher: Springer Science & Business Media
Total Pages: 296
Release: 2011-07-29
Genre: Law
ISBN: 9400718721

This book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wróblewski ́s three ideologies (bound/free/legal and rational) and Makkonen ́s three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth serving as a reference, the frames of legal analysis include the isomorphic theory of law (Wittgenstein, Makkonen), the coherence theory of law (Alexy, Peczenik, Dworkin), the new rhetoric and legal argumentation theory (Perelman, Aarnio), social consequentialism (Posner), natural law theory (Fuller, Finnis), and the sequential model of legal reasoning by Neil MacCormick and the Bielefelder Kreis. At the end, some key issues of legal metaphysics are addressed, like the notion of legal systematics and the future potential of the analytical approach in jurisprudence.

Wittgenstein: A Very Short Introduction

Wittgenstein: A Very Short Introduction
Author: A. C. Grayling
Publisher: OUP Oxford
Total Pages: 177
Release: 2001-02-22
Genre: Philosophy
ISBN: 0191540382

Ludwig Wittgenstein (1889-1951) was an extraordinarily original philospher, whose influence on twentieth-century thinking goes well beyond philosophy itself. In this book, which aims to make Wittgenstein's thought accessible to the general non-specialist reader, A. C. Grayling explains the nature and impact of Wittgenstein's views. He describes both his early and later philosophy, the differences and connections between them, and gives a fresh assessment of Wittgenstein's continuing influence on contemporary thought. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

The Oxford Handbook of Wittgenstein

The Oxford Handbook of Wittgenstein
Author: Oskari Kuusela
Publisher: Oxford University Press
Total Pages: 839
Release: 2011-10-27
Genre: Philosophy
ISBN: 0199287503

Since the middle of the 20th century Ludwig Wittgenstein has been an exceptionally influential and controversial figure wherever philosophy is studied. This is a comprehensive volume on Wittgenstein where 35 scholars explore the whole range of his thought, offering critical engagement and original interpretation.

The Flexible Constitution

The Flexible Constitution
Author: Sean Wilson
Publisher: Rowman & Littlefield
Total Pages: 237
Release: 2013
Genre: Law
ISBN: 0739178156

This is a new Wittgensteinian account of the American Constitution that provides a fresh perspective on how judges can follow a legal document written in flexible language. The book shows why originalism is incompatible with the American legal system and challenges the views o...

Wittgenstein's Whewell's Court Lectures

Wittgenstein's Whewell's Court Lectures
Author: Yorick Smythies
Publisher: John Wiley & Sons
Total Pages: 396
Release: 2017-03-31
Genre: Philosophy
ISBN: 1119166349

Wittgenstein’s Whewell’s Court Lectures contains previously unpublished notes from lectures given by Ludwig Wittgenstein between 1938 and 1941. The volume offers new insight into the development of Wittgenstein’s thought and includes some of the finest examples of Wittgenstein’s lectures in regard to both content and reliability. Many notes in this text refer to lectures from which no other detailed notes survive, offering new contexts to Wittgenstein’s examples and metaphors, and providing a more thorough and systematic treatment of many topics Each set of notes is accompanied by an editorial introduction, a physical description and dating of the notes, and a summary of their relation to Wittgenstein’s Nachlass Offers new insight into the development of Wittgenstein’s ideas, in particular his ideas about certainty and concept-formation The lectures include more than 70 illustrations of blackboard drawings, which underline the importance of visual thought in Wittgenstein’s approach to philosophy Challenges the dating of some already published lecture notes, including the Lectures on Freedom of the Will and the Lectures on Religious Belief

New Critical Thinking

New Critical Thinking
Author: Sean Wilson
Publisher: Rowman & Littlefield
Total Pages: 199
Release: 2018-12-15
Genre: Political Science
ISBN: 1498583601

Ludwig Wittgenstein changed everything. To understand how, we need to understand what he did to the subject of critical reasoning. Wittgenstein didn’t leave us “philosophy”; he left a pathway for a more perspicuous intellect. This was caused by a psychological condition that made him meticulous and hypersensitive. He could abnormally perceive three natural phenomena: (a) the social traits implicated in word use; (b) the task-functions signified in communication; and (c) the pictures that flash before the mind’s eye. With this unique acuity, he showed us how post-analytic thinking was to occur. And this discovery changes everything. It revolutionizes how we must argue with one another and what we believe is “true.” Instead of focusing primarily upon premises or facts, we must point people to how their intellect behaves during a speech act—something called “therapy.” And this has radical implications for analysis, conceptual investigation, value judgments, political ideology, ethics and even religion. This book is both an explanation of, and a blueprint for, the new critical thinking. Written for both a lay and special audience, and for all fields of study, it shows what Wittgenstein invented and how it affects us all.

The Logical Must

The Logical Must
Author: Penelope Maddy
Publisher: Oxford University Press, USA
Total Pages: 147
Release: 2014
Genre: Philosophy
ISBN: 0199391750

"Maddy's short monograph looks at Wittgenstein's philosophy of logic, from the perspective of the form of naturalism that she calls "second philosophy." That view takes an empirical approach to logical truth -- essentially arguing that if philosophers want to understand the world, they should start from a position informed by scientific understandings of the world, because science is often a reliable guide to how the world works. Similarly, just like science, logic is also grounded in the structure of our world, and our basic cognitive machinery is tuned by evolutionary pressures to detect that structure where it occurs. Ludwig Wittgenstein (particularly in the "Tractatus") also linked the logical structure of representation with the structure of the world, but still insisted that the sense of our representations must be given prior to -- independently of -- any facts about how the world happens to be. When that requirement is removed, Wittgenstein's position in the Tractatus approaches Maddy's Second Philosophy -- that logic is grounded in the structure of the world and our representational systems reflect that structuring. The later Wittgenstein also hews closely to Second Philosophy, holding that our logical practices are grounded in our interests and motivations, and our natural inclinations, and the features of the world. In this sense, logic is no different from other descriptions of the world -- just more general and responding to features so basic and ubiquitous that they tend to go unnoticed. Maddy's Second Philosophy finds Wittgenstein as an important precursor and kindred spirit, and promotes a new view of him as a naturalistic phliosopher"--