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  • 1985-1989  (4)
  • 1945-1949
  • 1935-1939
  • Dordrecht : Springer Netherlands  (4)
  • Law—Philosophy.  (4)
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Year
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  • 1
    Online Resource
    Online Resource
    On Law and Reason (1989)
    Dordrecht : Springer Netherlands
    Details
    ISBN: 9781402083815
    Language: English
    Pages: Online-Ressource (XII, 443 p) , online resource
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Law and Philosophy Library 8
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Philosophy of law ; Law—Philosophy. ; Law—History.
    Abstract: 'This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.’ These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the book’s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (‘defeasible’) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail
    DOI: 10.1007/978-1-4020-8381-5
    URL: Volltext  (lizenzpflichtig)
    URL: lizenzpflichtig
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    Online Resource
    MPI Ethno. Forsch.
  • 2
    Online Resource
    Online Resource
    Speech Act and Sachverhalt : Reinach and the Foundations of Realist Phenomenology (1987)
    Dordrecht : Springer Netherlands
    Details
    ISBN: 9789400935211
    Language: English
    Pages: Online-Ressource (XIII, 344 p) , online resource
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Primary Sources in Phenomenology 1
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; Linguistics Philosophy ; Philosophy of law ; Metaphysics ; Language and languages—Philosophy. ; Law—Philosophy.
    Abstract: Adolf Reinach: An Intellectual Biography -- Promisings and other Social Acts: Their Constituents and Structure -- Reinach and Searle on Promising — a Comparison -- Adolf Reinach and the Analytic Foundations of Social Acts -- Reinach on Representative Acts -- Demystifying Reinach’s Legal Theory -- Verpflichtung und Verbindlichkeit. Ethische Aspekte in der Rechtsphilosophie Adolf Reinachs -- The Intentionality of Thinking: The Difference Between State of Affairs and Propositional Matter -- On the Cognition of States of Affairs -- Johannes Dauberts Kritik der ”Theorie des negativen Urteils“ von Adolf Reinach -- Husserl und Reinach -- Husserl and Reinach on Hume’s “Treatise” -- Adolf Reinachs Vortrag über die Grundbegriffe der Ethik -- William James and Pragmatism -- Adolf Reinach: An Annotated Bibliography.
    Abstract: Phenomenology as practised by Adolf Reinach ( 1883-191 7) in his all too brief philosophical career exemplifies all the virtues of Husserl's Logical Investigations. It is sober, concerned to be clear and deals with specific problems. It is therefore understandable that, in a philosophical climate in which Husserl's masterpiece has come to be regarded as a mere stepping stone on the way to his later Phenomeno­ logy, or even to the writings of a Heidegger, Reinach's contributions to exact philo­ sophy have been all but totally forgotten. The topics on which Reinach wrote most illuminatingly, speech acts (which he called 'social acts') and states of affairs (Sachverhalte ), as well as his realism about the external world, have come to be regarded as the preserve of other traditions of exact philosophy. Like my fellow­ contributors, I hope that the present volume will go some way towards correcting this unfortunate historical accident. Reinach's account of judgements and states of affairs, an account that precedes those of Russell and Wittgenstein, his 1913 treatment of speech acts, his reinter­ pretation of Hume and aspects of his legal philosophy are the main philosophical topics dealt with in what follows. But his analysis of deliberation as well as his work on movement and Zeno's paradoxes get only a passing mention.
    DOI: 10.1007/978-94-009-3521-1
    URL: Volltext  (lizenzpflichtig)
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    Online Resource
    MPI Ethno. Forsch.
  • 3
    Online Resource
    Online Resource
    Action, Decision, and Intention : Studies in the Foundation of Action Theory as an Approach to Understanding Rationality and Decision (1986)
    Dordrecht : Springer Netherlands
    Details
    ISBN: 9789400946965
    Language: English
    Pages: Online-Ressource (148p) , online resource
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; Philosophy of law ; Law—Philosophy. ; Operations research.
    Abstract: Table of Content -- Action Theory as a Resource for Decision Theory -- Voluntary Exertion of the Body: A Volitional Account -- Intrinsic Intentionality -- An Action-Plan Interpretation of Purposive Explanations of Actions -- Formal Logic and Practical Reasoning -- Leading a Rational Life -- Announcements.
    Abstract: Most of the papers in this collection are contributions to action theory intended to be of some relevance to one or another concern of decision theory, particularly to its application to concrete human behavior. Some of the papers touch only indirectly on problems of interest to decision theorists, but taken together they should be of use to both decision theorists and philosophers of action. Robert Audi's paper indicates how a number of questions in action theory might bear on problems in decision theory, and it suggests how some action-theoretic results may help in the construction or interpretation of theories of decision, both normative and empirical. Carl Ginet's essay lays foundations for the conception of action. His volitional framework roots actions internally and conceives them as irreducibly connected with intentionality. Hugh McCann's essay is also foundational, but stresses intention more than volition and lays some of the groundwork for assessing the rationality of intention and intentional action. In William Alston's paper, the notion of a plan as underlying (intentional) action is central, and we are given both a con­ ception of the structure of intentional action and a set of implicit goals and beliefs - those whose content is represented in the plan - which form an indispensable part of the basis on which the rationality of the action is to be judged.
    Description / Table of Contents: Table of ContentAction Theory as a Resource for Decision Theory -- Voluntary Exertion of the Body: A Volitional Account -- Intrinsic Intentionality -- An Action-Plan Interpretation of Purposive Explanations of Actions -- Formal Logic and Practical Reasoning -- Leading a Rational Life -- Announcements.
    DOI: 10.1007/978-94-009-4696-5
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    Online Resource
    MPI Ethno. Forsch.
  • 4
    Online Resource
    Online Resource
    Justice, Law and Culture (1985)
    Dordrecht : Springer Netherlands
    Details
    ISBN: 9789401094498
    Language: English
    Pages: Online-Ressource , online resource
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; Philosophy of law ; Law—Philosophy.
    Abstract: One. The Theory of Justice -- I The Problem of Justice -- II Justice and Legal Theory -- III Empirical Evidence from the Administration of Justice -- IV Empirical Evidence from Injustice -- V A Definition of Justice Explained and Defended -- VI Theoretical Evidence from Ethics and Morality -- Two. The Theory of Law -- VII The Law: Origins and Development -- VIII The Legal System -- IX Morality -- X Human Needs, Morality and the Law -- XI Institutions, Law and Morals -- XII The State as Legal Custodian -- XIII The Operation of Law -- XIV How the Law is Corrupted -- XV The Specific Laws -- XVI The Metaphysics of Law -- Appendix Rival Theories of Justice -- XVII Some Ancient Theories of Justice -- XVIII Some Traditional Theories of Justice -- XIX Some Recent Theories of Justice -- XX Some Contemporary Theories of Justice.
    Abstract: The following pages contain a theory of justice and a theory of law. Justice will be defined as the demand for a system of laws, and law as an established regulation which applies equally throughout a society and is backed by force. The demand for a system of laws is met by means of a legal system. The theory will have to include what the system and the laws are in­ tended to regulate. The reference is to all men and their possessions in a going concern. In the past all such theories have been discussed only in terms of society, justice as applicable to society and the laws promul­ gated within it. However, men and their societies are not the whole story: in recent centuries artifacts have played an increasingly important role. To leave them out of all consideration in the theory would be to leave the theory itself incomplete and even distorted. For the key conception ought to be one not of society but of culture. Society is an organization of men but culture is something more. I define culture (civilization has often been employed as a synonym) as an organization of men together with their material possessions. Such possessions consist in artifacts: material objects which have been altered through human agency in order to reduce human needs. The makers of the artifacts are altered by them. Men have their possessions together, and this objectifies and consolidates the culture.
    Description / Table of Contents: One. The Theory of JusticeI The Problem of Justice -- II Justice and Legal Theory -- III Empirical Evidence from the Administration of Justice -- IV Empirical Evidence from Injustice -- V A Definition of Justice Explained and Defended -- VI Theoretical Evidence from Ethics and Morality -- Two. The Theory of Law -- VII The Law: Origins and Development -- VIII The Legal System -- IX Morality -- X Human Needs, Morality and the Law -- XI Institutions, Law and Morals -- XII The State as Legal Custodian -- XIII The Operation of Law -- XIV How the Law is Corrupted -- XV The Specific Laws -- XVI The Metaphysics of Law -- Appendix Rival Theories of Justice -- XVII Some Ancient Theories of Justice -- XVIII Some Traditional Theories of Justice -- XIX Some Recent Theories of Justice -- XX Some Contemporary Theories of Justice.
    DOI: 10.1007/978-94-010-9449-8
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    Online Resource
    MPI Ethno. Forsch.
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