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.

Law and Truth

Law and Truth
Author: Dennis Michael Patterson
Publisher: Oxford University Press, USA
Total Pages: 202
Release: 1996
Genre: Filosofía del derecho
ISBN: 0195132475

Taking up a single question--"What does it mean to say a proposition of law is true?"--this book advances a major new account of truth in law. Drawing upon the later philosophy of Wittgenstein, as well as more recent postmodern theory of the relationship between language, meaning, and the world, Patterson examines leading contemporary jurisprudential approaches to this question and finds them flawed in similar and previously unnoticed ways. He offers a powerful alternative account of legal justification, one in which linguistic practice--the use of forms of legal argument--holds the key to legal meaning.

Realizing Reason

Realizing Reason
Author: Danielle Macbeth
Publisher:
Total Pages: 507
Release: 2014-03
Genre: Mathematics
ISBN: 0198704755

Danielle Macbeth offers a new account of mathematical practice as a mode of inquiry into objective truth, and argues that understanding the nature of mathematical practice provides us with the resources to develop a radically new conception of ourselves and our capacity for knowledge of objective truth.

Reason in Law

Reason in Law
Author: Lief H. Carter
Publisher: University of Chicago Press
Total Pages: 311
Release: 2016-03-04
Genre: Political Science
ISBN: 022632821X

Newly updated ninth edition: “A superbly written, pedagogically rich, historically and conceptually informed introduction to legal reasoning.” —Law and Politics Book Review Over the decades it has been in print, Reason in Law has established itself as the place to start for understanding legal reasoning, a critical component of the rule of law. This ninth edition brings the book’s analyses and examples up to date, adding new cases while retaining old ones whose lessons remain potent. It examines several recent controversial Supreme Court decisions, including rulings on the constitutionality and proper interpretation of the Affordable Care Act and Justice Scalia’s powerful dissent in Maryland v. King. Also new to this edition are cases on same-sex marriage, the Voting Rights Act, and the legalization of marijuana. A new appendix explains the historical evolution of legal reasoning and the rule of law in civic life. The result is an indispensable introduction to the workings of the law.

Principles and Choices

Principles and Choices
Author:
Publisher:
Total Pages:
Release: 2012-11-01
Genre:
ISBN: 9781939244048

Gives students a philosophical appreciation of the existence and importance of objective truth, and lays out three principles of reason that empower them to distinguish truth from error. The principles lay the foundation for an objective and inclusive definition of the human person which embraces everyone from the unborn to those who are disabled, socially marginalized, elderly, and terminally ill. The Teacher’s Resource includes detailed daily learning plans, text notations, and Scripture and Catechism cross-references. Paperback, four chapters, 98 pages. Companion pieces which may be purchased include PowerPoint slides with complete lecture notes, one presentation for each chapter of the book; audio drama CD, Robert & Emma, Act 2: Robert’s Burden”, professionally produced as an audio play, 30 minutes; and one year of access to secure Teacher Website with handouts and assignments, alternative activities, exams and answer keys, training webinars, live chat assistants, classroom webcasts, discussion forums, and bulletin boards.

Practical Reason in Law and Morality

Practical Reason in Law and Morality
Author: Neil MacCormick
Publisher: Oxford University Press
Total Pages: 240
Release: 2011-04-28
Genre: Law
ISBN: 0191622001

The concept of practical reason is central to contemporary thought on ethics and the philosophy of law - acting well means acting for good reasons. Explaining this requires several stages. How do reasons relate to actions at all, as incentives and in explanations? What are values, how do they relate to human nature, and how do they enter practical reasoning? How do the concepts of 'right and wrong' fit in, and in what way do they involve questions of mutual trust among human beings? How does our moral freedom - our freedom to form our own moral commitments - relate to our responsibilities to each other? How is this final question transposed into law and legal commitments? This book explores these questions, vital to understanding the nature of law and morality. It presents a clear account of practical reason, valuable to students of moral philosophy and jurisprudence at undergraduate or postgraduate levels. For more advanced scholars it also offers a reinterpretation of Kant's views on moral autonomy and Smith's on self-command, marrying Smith's 'moral sentiments' to Kant's 'categorical imperative' in a novel way. The book concludes and underpins the author's Law, State and Practical Reason series. Taken together the books offer an overarching theory of the nature of law and legal reason, the role of the State, and the nature of moral reason and judgement.

Beyond All Reason

Beyond All Reason
Author: Daniel A. Farber
Publisher: Oxford University Press
Total Pages: 204
Release: 1997-10-30
Genre: Law
ISBN: 0195355431

Would you want to be operated on by a surgeon trained at a medical school that did not evaluate its students? Would you want to fly in a plane designed by people convinced that the laws of physics are socially constructed? Would you want to be tried by a legal system indifferent to the distinction between fact and fiction? These questions may seem absurd, but these are theories being seriously advanced by radical multiculturalists that force us to ask them. These scholars assert that such concepts as truth and merit are inextricably racist and sexist, that reason and objectivity are merely sophisticated masks for ideological bias, and that reality itself is nothing more than a socially constructed mechanism for preserving the power of the ruling elite. In Beyond All Reason, liberal legal scholars Daniel A. Farber and Suzanna Sherry mount the first systematic critique of radical multiculturalism as a form of legal scholarship. Beginning with an incisive overview of the origins and basic tenets of radical multiculturalism, the authors critically examine the work of Derrick Bell, Catherine MacKinnon, Patricia Williams, and Richard Delgado, and explore the alarming implications of their theories. Farber and Sherry push these theories to their logical conclusions and show that radical multiculturalism is destructive of the very goals it wishes to affirm. If, for example, the concept of advancement based on merit is fraudulent, as the multiculturalists claim, the disproportionate success of Jews and Asians in our culture becomes difficult to explain without opening the door to age-old anti-Semitic and racist stereotypes. If historical and scientific truths are entirely relative social constructs, then Holocaust denial becomes merely a matter of perspective, and Creationism has as much "validity" as evolution. The authors go on to show that rather than promoting more dialogue, the radical multiculturalist preferences for legal storytelling and identity politics over reasoned argument produces an insular set of positions that resist open debate. Indeed, radical multiculturalists cannot critically examine each others' ideas without incurring vehement accusations of racism and sexism, much less engage in fruitful discussion with a mainstream that does not share their assumptions. Here again, Farber and Sherry show that the end result of such thinking is not freedom but a kind of totalitarianism where dissent cannot be tolerated and only the naked will to power remains to settle differences. Sharply written and brilliantly argued, this book is itself a model of the kind of clarity, civility, and dispassionate critical thinking which the authors seek to preserve from the attacks of the radical multiculturalists. With far-reaching implications for such issues as government control of hate speech and pornography, affirmative action, legal reform, and the fate of all minorities, Beyond All Reason is a provocative contribution to one of the most important controversies of our time.

Reason, Truth and History

Reason, Truth and History
Author: Hilary Putnam
Publisher: Cambridge University Press
Total Pages: 244
Release: 1981-12-31
Genre: Philosophy
ISBN: 1139935666

Hilary Putnam deals in this book with some of the most fundamental persistent problems in philosophy: the nature of truth, knowledge and rationality. His aim is to break down the fixed categories of thought which have always appeared to define and constrain the permissible solutions to these problems.