Reasons For Action And The Law
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Author | : George Pavlakos |
Publisher | : Cambridge University Press |
Total Pages | : 343 |
Release | : 2015-02-05 |
Genre | : Law |
ISBN | : 1107070724 |
A collection of new essays on the interplay between intentions and practical reasons in law and practical agency.
Author | : M.C. Redondo |
Publisher | : Springer Science & Business Media |
Total Pages | : 198 |
Release | : 2013-06-29 |
Genre | : Philosophy |
ISBN | : 9401591415 |
A focus on reasons for action and practical reason is the perspective chosen by many contemporary legal philosophers for the analysis of some central questions of their discipline. This book offers a critical evaluation of that approach, by carefully examining the empirical, logical and normative problems hidden behind the concepts of `reason for action' and `practical reasoning'. Unlike most other works in this field, it is a meta-theoretical study which analyses and compares how different theories use the notion of reason in their reconstruction of problems concerning issues such as normativity, the acceptance of norms, or the justification of judicial decisions. This book is directed primarily to scholars specializing in legal theory and concerned with the contribution practical philosophy can make to it, but it also contains important arguments and insights for all those interested in the controversy between legal positivists and their critics, in the theory of human action or in reason-based practical theories in general.
Author | : Yuval Feldman |
Publisher | : |
Total Pages | : 257 |
Release | : 2018-06-07 |
Genre | : Law |
ISBN | : 1107137101 |
This book argues that overcoming people's inability to recognize their own wrongdoing is the most important but regrettably neglected area of the behavioral approach to law.
Author | : Noam Gur |
Publisher | : Oxford University Press, USA |
Total Pages | : 257 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0199659877 |
This book investigates law's interaction with practical reasons. What difference can legal requirements-e.g. traffic rules, tax laws, or work safety regulations-make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. At the outset, two competing positions are pitted against each other: Joseph Raz's view that (legitimate) legal authorities have pre-emptive force, namely that they give reasons for action that exclude some other reasons; and an antithesis, according to which law-making institutions (even those that meet prerequisites of legitimacy) can at most provide us with reasons that compete in weight with opposing reasons for action. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function in contexts of bounded rationality, and the phenomenology associated with authority. It is found that, although each of the above positions offers insight into the conundrum at hand, both suffer from significant flaws. These observations form the basis on which an alternative position is put forward and defended. According to this position, the existence of a reasonably just and well-functioning legal system constitutes a reason that fits neither into a model of ordinary reasons for action nor into a pre-emptive paradigm-it constitutes a reason to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements.
Author | : Kieran Setiya |
Publisher | : Princeton University Press |
Total Pages | : 143 |
Release | : 2009-04-11 |
Genre | : Philosophy |
ISBN | : 1400827728 |
Modern philosophy has been vexed by the question "Why should I be moral?" and by doubts about the rational authority of moral virtue. In Reasons without Rationalism, Kieran Setiya shows that these doubts rest on a mistake. The "should" of practical reason cannot be understood apart from the virtues of character, including such moral virtues as justice and benevolence, and the considerations to which the virtues make one sensitive thereby count as reasons to act. Proposing a new framework for debates about practical reason, Setiya argues that the only alternative to this "virtue theory" is a form of ethical rationalism in which reasons derive from the nature of intentional action. Despite its recent popularity, however, ethical rationalism is false. It wrongly assumes that we act "under the guise of the good," or it relies on dubious views about intention and motivation. It follows from the failure of rationalism that the virtue theory is true: we cannot be fully good without the perfection of practical reason, or have that perfection without being good. Addressing such topics as the psychology of virtue and the explanation of action, Reasons without Rationalism is essential reading for philosophers interested in ethics, rationality, or the philosophy of mind.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : Bruno Verbeek |
Publisher | : Taylor & Francis |
Total Pages | : 256 |
Release | : 2016-12-05 |
Genre | : Philosophy |
ISBN | : 1351906321 |
There are a number of problems in philosophy that seem to share a similar possible solution: 'Why do promises and contracts bind?', 'Why ought citizens and judges obey the law?' and 'Can we realize the gains to be made from cooperation?'. All three problems (as well as some others) share a possible solution in the form of rational internal commitment. Reasons and Intentions is a 'state-of-the-art' overview of the relevant positions on the possibility of such commitment, including critical ones. The introduction provides a survey of the central problem of the volume, 'how the will can bind itself and still be instrumental in nature', and the various positions which are further examined in the contributions. Addressing the question of the relation between intentions and action, the considerations which make an intention rational and how this translates into our conception of (moral) agency, this book brings together specially commissioned essays by the leading scholars in the field.
Author | : David Sobel |
Publisher | : |
Total Pages | : 312 |
Release | : 2009-04-27 |
Genre | : Philosophy |
ISBN | : |
This volume contains eleven essays on practical reason by leading and emerging philosophers.
Author | : Cluxton, David |
Publisher | : Edward Elgar Publishing |
Total Pages | : 176 |
Release | : 2022-02-15 |
Genre | : Law |
ISBN | : 1802203540 |
This incisive book tackles a controversy that has plagued the Warsaw Convention 1929 and the Montreal Convention 1999 for decades: whether the conventions provide an independent cause of action upon which a plaintiff can rely directly when pleading their action, and, if so, whether that cause of action provides the exclusive remedy. This book resolves this controversy by presenting a new conceptual framework for understanding aviation law cause of action in the conventions.
Author | : Plato |
Publisher | : DigiCat |
Total Pages | : 573 |
Release | : 2022-05-28 |
Genre | : Political Science |
ISBN | : |
The Laws is Plato's last, longest, and perhaps, most famous work. It presents a conversation on political philosophy between three elderly men: an unnamed Athenian, a Spartan named Megillus, and a Cretan named Clinias. They worked to create a constitution for Magnesia, a new Cretan colony that would make all of its citizens happy and virtuous. In this work, Plato combines political philosophy with applied legislation, going into great detail concerning what laws and procedures should be in the state. For example, they consider whether drunkenness should be allowed in the city, how citizens should hunt, and how to punish suicide. The principles of this book have entered the legislation of many modern countries and provoke a great interest of philosophers even in the 21st century.