Your email was sent successfully. Check your inbox.

An error occurred while sending the email. Please try again.

Proceed reservation?

Export
Filter
  • Dordrecht : Springer  (121)
  • Ann Arbor, Michigan : ProQuest
  • Criminology
  • Philosophy of law
Datasource
Material
Language
  • 101
    ISBN: 9789401132602
    Language: English
    Pages: Online-Ressource (V, 245 p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Law and Philosophy Library 13
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; Genetic epistemology ; Linguistics Philosophy ; Philosophy of law ; Ethics ; Knowledge, Theory of. ; Language and languages—Philosophy. ; Law—Philosophy. ; Law—History.
    Abstract: The Analogy between Logic and Dialogic of Law -- Analogy as Legal Reasoning - The Hermeneutic Foundation of the Analogical Procedure -- Milking the Meter - On Analogy, Universalizability and World Views -- The Function of Analogy in Law: Return to Kant and Wittgenstein -- Analogy in Legal Science: Some Comparative Observations -- Legal Analogy between Interpretive Arguments and Productive Arguments -- Legal Knowledge and Meaning (The Example of Legal Analogy) -- Analogical Reasoning and Legal Institutions -- Analogy in the Law.
    Abstract: 3 of law as an object that has always already been there, systematic and com­ plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this referent, the law presented as a full discourses, runs through all of the contributions, this is because reasoning by analogy has to be found its specific place within this legal culture. It is the place to locate the problem of "lacunae" in law, which at bottom allows our various contributions to be classified. With Zaccaria and Maris, the question of lacunae is accepted as such (this is, we might say, the "traditionalist" aspect of these two articles, which is counterbalanced by - keeping to the same terminology - "modernist" emphases, sometimes Dworkinian in nature), and becomes the backdrop for considerations of purely hermeneutic type, in Zaccaria, ex­ tended in Maris to the field of ethics. The papers from Lenoble and Jackson, the former philosophical and the latter semiological, take as their main tar­ get this legal knowledge where the theory of lacunae finds its place.
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 102
    Online Resource
    Online Resource
    Dordrecht : Springer
    ISBN: 9789401133340
    Language: English
    Pages: Online-Ressource (XXII, 222 p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Philosophical Studies Series 50
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; Philosophy of law ; Law—Philosophy. ; Law—History. ; Political science.
    Abstract: 1: Mill And The Right Of Free Expression -- I. Mill’s Concept Of A Right -- II. The Basic Elements Of Mill’s Moral Theory -- III. The Right Of Free Expression -- 2: The Right Of Free Expression -- I. Features Of A Basic Constitutional Right -- II. Philosophical Justifications For Freedom of Expression -- III. The Right Of Free Expression—A New Perspective -- IV. Censorship and Regulation-Crucial Tools of Analysis 23 V. Conclusion -- 3: Symbolic Conduct And Freedom Of Speech -- I. The Nature Of Symbolic Conduct -- II. The Argument For Protection -- III. Objections And Replies -- IV. Legal Doctrines Needed -- 4: Judicial Review, Constitutionally Protected Rights, And Democracy -- I. Principles Used In Deciding Constitutional Questions -- II. The Role Of The Constitution In Protecting 51 Basic -- 5: Some Aspects Of Legal Reasoning Concerning Constitutionally Protected Rights -- I. Constitutionally Protected Rights And Values Esssential To A Democracy -- II. The Courts Protection Of Fundamental Rights -- 6: ‘Law And Order’ And Civil DISOBEDIENCE -- I. Law, Regularity And Security -- II. Disorder -- III. Replies To Objections -- 7: Paternalism And Autonomy -- I. Mill’s Concept of Happiness -- II. Mill’s Conception of Justice and Rights -- III. Further Development of Mill’s Theory -- IV. Paternalism and Autonomy -- 8: Sex Role Change And Autonomy -- 9: Racial And Sex-Role Stereotyping In The Media: An Analysis -- 10: The Differences In The Cases For And Against Preferential Treatment Based On Sex And Those Based On Race -- 11: Pornography, Sex, And Censorship -- I. Objections To Pornography: Conflicting Views On Sex -- II. The Response To Conservative Objections -- 12: Pornography, Feminism, And Censorship -- I. The Feminist Objections To Pornography -- II. Response To The Arguments -- III. Conclusions -- 13: Gratitude -- I. The Duty To Show Gratitude -- II. What Does Gratitude Express -- III. The Significance Of Gratitude For Moral Philosophy -- 14: Love, Friendship, And Utility: On Practical Reason And Reductionism -- I. Love and Friendship -- II. Utilitarianism -- III. Practical Reasoning and Reductivist Explanation -- Bibliography Of Fred Berger’s Work -- Index Of Names -- Index Of Subjects.
    Abstract: In the essays that follow, Fred Berger argues for freedom of expression, civil disobedience, affirmative action and what he calls liberal judicial activism and against sex-role stereotyping, paternalism and the censorship of pornography. Underlying his liberalism is a unified theory. That theory consists of a conception of rights, a theory of value and a theory of government. The conception of a right that Berger defends derives from J ohn Stuart Mill and is captured by what he calls "the rights­ formula": to have a right is to have important interests that society ought to protect as a matter of general rule (pp. 2, 7, 17-18, 19, 95). Since rights are to be protected by general rule, case-by-case consideration of consequences is ruled out (pp. 3, 18, 96) and neither modest increases in the general welfare, nor majority opinion, can justify the violation of a right (pp. 14-15; 17-18). Berger combines this view of the nature of a right with an objective theory of value according to which the important interests that ought to be protected are ones that people have "whether they know them or not, whether they desire that in which they have an interest or not" (p.
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 103
    Online Resource
    Online Resource
    Dordrecht : Springer
    ISBN: 9789400919327
    Language: English
    Pages: Online-Ressource (280p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Law and Philosophy Library 10
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; Philosophy of law ; Ethics ; Law—History. ; Law—Philosophy.
    Abstract: 1. Introduction -- Procedural Contexts -- Some Distinctions -- A Normative Method -- The Adversary Adjudication Model -- I: Traditional Principles -- 2. Impartiality -- 3. Opportunity to be Heard -- 4. Grounds for Decisions -- 5. Formal Justice -- II: Theory -- 6. A Theoretical Justification -- 7. The Limits of Law -- 8. Alternative Decision-Making Models -- III: Applications -- 9. Professional Discipline -- 10. Employment Decisions -- Works Cited -- Table of Cases.
    Abstract: During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work available to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on fu- length scholary monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowned scholars. Legal philosophy should not be considered a narrowly circumscribed field. Insights into law and legal institutions can come from diverse disciplines on a wide range of topics. Among the relevant disciplines or perspectives contribut­ ing to legal philosophy, besides law and philosophy, are anthropology, economics, political science, and sociology. Among the topics included in legal philosophy are theories of law; the concepts of law and legal institutions; legal reasoning and adjudication; epistemological issues of evidence and pro­ cedure; law and justice, economics, politics, or morality; legal ethics; and theories oflegal fields such as criminal law, contracts, and property.
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 104
    ISBN: 9789401578752
    Language: English
    Pages: Online-Ressource (VI, 457 p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Law and Philosophy Library 11
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Genetic epistemology ; Philosophy of law ; Law—Philosophy. ; Law—History. ; Knowledge, Theory of.
    Abstract: 1: The Law and Its Reality -- Fact and Law -- The Fact and the Law -- The Concept of Fact in Legal Science -- The Law and its Reality -- On Rational Acceptability. Some Remarks on Legal Justification -- Semiotics and the Problem of Interpretation -- Preliminary Remarks on a Legal Logic and Ontology of Relations -- II: Interpretation in Legal Science the Hypothesis of the Narrative Coherence -- Narrative Coherence and the Limits of the Hermeneutic Paradigm -- From the Deductive to the Argumentative Rationality of Law -- Interpretation in Legal Science -- The Jury and Reality -- Hermeneutics and Narrative Comprehension -- Coherence, Truth and Rightness in the Law -- Narrative Coherence and the Guises of Legalism -- A Linguistic Analysis of Narrative Coherence in the Court-Room -- The Normative Syllogism and the Problem of Reference -- Legal Certainty, Coherence and Consensus: Variations on a Theme by MacCormick -- Normative Coherence and Epistemological Presuppositions of Justification.
    Abstract: PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 105
    ISBN: 9789400906990
    Language: English
    Pages: Online-Ressource (244p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Law and Philosophy Library 12
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; Philosophy of law ; Criminal Law ; Criminology ; Law—Philosophy. ; Law—History.
    Abstract: I. Law, Ideology and Punishment -- 1. Introduction: Critique and Retrieval of the Liberal Ideal of Criminal Justice -- 2. Between Appearance and Reality: the Contradictions of Legal Ideology -- 3. Juridical Ideology and the Philosophy of Punishment -- II. The Birth of Juridical Individualism: Hobbes and the Philosophy of Punishment -- 1. Introduction -- 2. Contradiction in the Hobbesian Philosophy of Punishment -- 3. Hobbes’s Juridical Individualism -- 4. Hobbes and the Historical Development of the Philosophy of Punishment -- 5. Conclusion -- III. Purifying Juridical Individualism: Kant’s Retributivism -- 1. Introduction -- 2. The Metaphysical Basis of Punishment -- 3. ‘A Theory Built on Tension’ -- 4. Conclusion: Kant’s Juridical Individualism -- IV. Rationalising Juridical Individualism — and the Rise of ‘the Irrational’: Hegel -- 1. Introduction -- 2. The Hegelian Justification of Punishment -- 3.‘From the Point of View of Abstract Right’ -- 4. Reason, Reality and the Irruption of ‘the Irrational’ -- 5. Conclusion -- V. Abstract Right and the Socialisation of Wrong: Retributivism’s English Decline and Fall -- 1. Introduction -- 2. Revising the Classical Tradition:T.H.Green -- 3. Revising the Classical Tradition: Bradley and Bosanquet -- 4. Conclusion -- VI. Juridical Individualism and State Power: Utilitarianism in the Twentieth Century -- 1. Introduction -- 2.The Triumph of Utilitarianism -- 3. Utilitarianism and Individual Right -- 4. Conclusion -- VII. Juridical Individualism, Individual Freedom And Criminal Justice -- 1. Introduction -- 2. Defending Freewill -- 3. Freewill, Determinism and Criminal Justice -- 4. Conclusion -- VIII. Juridical individualism, State Power And Legal Reasoning -- 1. Introduction -- 2. Legal Reasoning and Criminal Responsibility -- 3. Speaking the Language of Law -- 4. Conclusion -- IX. The Limits of Legal Ideology -- 1. The Philosophical — Historical Development of the Liberal Ideal of Criminal Punishment -- 2. The Return to Kant -- 3. The Ideal and the Actual.
    Abstract: This book is about 'Kantianism' in both a narrow and a broad sense. In the former, it is about the tracing of the development of the retributive philosophy of punishment into and beyond its classical phase in the work of a number of philosophers, one of the most prominent of whom is Kant. In the latter, it is an exploration of the many instantiations of the 'Kantian' ideas of individual guilt, responsibility and justice within the substantive criminal law . On their face, such discussions may owe more or less explicitly to Kant, but, in their basic intellectual structure, they share a recognisably common commitment to certain ideas emerging from the liberal Enlightenment and embodied within a theory of criminal justice and punishment which is in this broader sense 'Kantian'. The work has its roots in the emergence in the 1970s and early 1980s in the United States and Britain of the 'justice model' of penal reform, a development that was as interesting in terms of the sociology of philosophical knowledge as it was in its own right. Only a few years earlier, I had been taught in undergraduate criminology (which appeared at the time to be the only discipline to have anything interesting to say about crime and punishment) that 'classical criminology' (that is, Beccaria and the other Enlightenment reformers, who had been colonised as a 'school' within criminology) had died a major death in the 19th century, from which there was no hope of resuscitation.
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 106
    ISBN: 9789401578219
    Language: English
    Pages: Online-Ressource (XII, 326 p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Law and Philosophy Library 6
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Philosophy of law ; Logic ; Law—History. ; Law—Philosophy.
    Abstract: I Logic -- II Normative Judgements -- III the Possibility of Deontic Logic -- IV Prolegomena for a Deontic Logic -- V A Standard System of Deontic Logic -- VI The Norm-Content of the Standard System -- VII The Negation of Normative Expressions: Weak and Strong Permission, Particularly in Law -- VIII Conditional Norms -- IX The Meaning of Logic for Normative Reasoning -- Notes -- Index of names -- Index of subjects -- A few of the used concepts.
    Abstract: The study presented in this book was entered upon by me from a legal point of view. 'Legal logic' has been known for a long time, concerning itself with the methodology of legal and in particular judicial reasoning. In modern days, however, this 'legal logic' is sometimes also connected with modern formal logic, as it has been developed in the works of G. Boole, A. de Morgan, G. Frege, C.S. Peirce, E. Schroder, G. Peano, A.N. Whitehead, B. Russell and others. For me this gave rise to the as yet not very specific question about the meaning of modern symbolic logic for law. Already in an early stage it appeared that, although traditional legal logic and modern symbolic logic both concern logic, this may not create the misapprehension that a similar matter is at issue. Both concern themselves (among other things) with reasonings and reasoning. Traditional legal logic is, however, as it was said by the German legal theoretician K. Engisch: "a material logic that wants us to reflect on what we have to do if we -within the limits of actual possibility- wish to reach true, or at least correct judgements" (Engisch, 1964, p.5). Modern symbolic logic on the other hand is not concerned with the truth or correctness of the result of an argument, but with its validity, i.e. the question when or under which conditions the truth (correctness) of the conclusion is guaranteed by the truth (correctness) of the premisses.
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 107
    Online Resource
    Online Resource
    Dordrecht : Springer
    ISBN: 9789400924406
    Language: English
    Pages: Online-Ressource (200p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Law and Philosophy Library 7
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; Philosophy of law ; Ethics ; Criminal Law ; Law—Philosophy. ; Law—History.
    Abstract: 1. Introduction -- 2. Responsibility and Criminal Law -- I. Law as Purposeful Activity -- II. Criminal Law and the Liberal Society -- III. The Two-Fold Aim -- IV. Responsibility -- V. Two Models of Responsibility -- 3. Law and Society -- I. Liability, Grading, and Allotment -- II. Excuse, Justification, and Mitigation -- III. Law and Society -- 4. The Requirement of Conduct -- I. The Act Doctrine -- II. Definitions and Terminology -- III. Omissions -- IV. Limitations of the Doctrine -- 5. Voluntariness -- I. Voluntariness and the Act Doctrine -- II. Involuntary and Nonvoluntary Conduct -- III. Objectivity and Subjectivity -- IV. Voluntariness and the Rationale of Excuses -- 6. Intentionality -- I. Intentionality -- II. Intentionality as Desire and Foresight -- III. Intentionality, Probabilities, and Purposes -- IV. Import and Implications -- 7. Knowledge and Foresight -- I. Introduction -- II. Knowledge and Foresight -- III. Taking Risks -- IV. Negligence -- V. Exculpatory Mistakes -- 8. Responsibility and Conditional Liability -- I. Introduction -- II. Choice and Control -- III. Opportunities and Responsibility -- IV. Primary (Potency) Responsibility -- V. Prior Fault -- VI. Conclusion -- Reference Bibliography -- Table of Cases Cited or Consulted.
    Abstract: autonomy principally in tenns of the agent's conscious choice of ends or conduct. From this, the cognitivist emphasis on mental states and their contents naturally follows. The presence of specified mental states, as signifying agent choice, thus becomes the hallmark of responsible conduct. Capacities model theorists, by contrast, interpret personal autonomy and agent responsibility in tenns of the looser notion of 'control'. From this perspective, conscious choosing is but one (highly responsible) instance of such control, and the presence or absence of mental states is primarily relevant to detennining degrees of responsibility. The examination of these two models occupies the bulk of this manuscript. Exploration of the capacities model and criticism of the orthodox view also generate treatment of legal issues such as the use of negligence liability, the nature of criminal omissions, the character of various legal defenses, and so on. Chapters 2 and 3 set out some of the thematic arguments outlined above and introduce tenninology and useful distinctions. Chapters 4 through 7 provide substantive analyses of agent responsibility and of standards of criminal liability. In these chapters, I argue for the comparative superiority of the capacities model of responsibility and offer recommendations for changes in current legal conceptions and standards of liability. Each chapter centers on an element of individual responsibility and related legal concerns. The final chapter, Chapter 8, comprises an overview of the integrated theory of responsibility and liability and its comparison with the traditional view.
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 108
    Online Resource
    Online Resource
    Dordrecht : Springer
    ISBN: 9789401707077
    Language: English
    Pages: Online-Ressource (IX, 246 p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Phaenomenologica, Collection Fondée Par H.L. van Breda et Publiée Sous le Patronage des Centres D’archives-Husserl 104
    Series Statement: Phaenomenologica, Series Founded by H. L. Van Breda and Published Under the Auspices of the Husserl-Archives 104
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; Philosophy of law ; Political science Philosophy ; Phenomenology ; Law—Philosophy. ; Political science—Philosophy.
    Abstract: One: The Social World -- I: Intersubjectivity -- II: History and the Origin of Meaning -- III: Ethics -- IV: Politics -- Two: The Phenomenon of Law -- V: The Origin of Law and Its Essential Structures -- VI: Law and Society -- VII: Law and Morality -- Epilogue -- Works Consulted.
    Abstract: The following pages attempt to develop the main outlines of an existential phenomenology of law within the context of Maurice Merleau-Ponty's phe­ nomenology of the social world. In so doing, the essay addresses the rather narrow scholarly question, If Merleau-Ponty had written a phenomenology of law, what would it have looked like? But this scholarly enterprise, although impeccable in itself, is also transcended by a more complicated concern for a very different sort of question. Namely, if Merleau-Ponty's phenomenological descriptions of the social world are correct-as I believe they largely are-then what are the philosophical consequences for an adequate understanding of law? Such a project may well occasion a certain surprise amongst observers of the contemporary philosophical landscape, at least in what concerns the terrain of continental thought, and for two different reasons. The first is that, although interest in Merleau-Ponty's work remains strong in the· United States and Can­ ada, his philosophical standing in his own country has been largely eclipsed! by that of, first, his friend/estranged acquaintance, Jean-Paul Sartre; by various Marxist philosophies and critical social theories; and finally by those doing her­ meneutics of language. In my view, current neglect of Merleau-Ponty's thought in France is most regrettable.
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 109
    Online Resource
    Online Resource
    Dordrecht : Springer
    ISBN: 9789400937758
    Language: English
    Pages: Online-Ressource (424p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Law and Philosophy Library 5
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; Philosophy of law ; Law—Philosophy. ; Law—History.
    Abstract: Analytical Table of Contents -- 1. Introduction: A Framework for Analysis -- 1.0. Introduction -- 1.1. A Normative Approach -- 1.2. Rational Persons -- 1.3. Values -- 1.4. Legal Principles -- 1.5. Elements of a Legal Case -- 2. Procedural Law -- 2.0. Introduction -- 2.1. Aims -- 2.2. The Adversary System -- 2.3. Elements of Procedure -- 3. Property Law -- 3.0. Introduction -- 3.1. Aims -- 3.2. Forms of Property -- 3.3. Rights and Limits -- 3.4. Acquisition and Disposal -- 4. Contract Law -- 4.0. Introduction -- 4.1. Aims -- 4.2. Contract Formation -- 4.3. Duties, Defects, and Defenses -- 4.4. Discharge and Remedies -- 5. Tort Law -- 5.0. Introduction -- 5.1. Aims -- 5.2. Duties -- 5.3. Defenses -- 5.4. Remedies -- 5.5. Beyond Tort Law -- 6. Criminal Law -- 6.0. Introduction -- 6.1. Aims -- 6.2. Criminal Acts -- 6.3. Defenses -- 6.4. Punishment -- 7. Values in the Law -- 7.0. Introduction -- 7.1. A Nontheory? -- 7.2. Freedom -- 7.3. Responsibility -- 7.4. Equality and Fairness -- 7.5. Social Good -- Appendix: Summary of Principles -- Works Cited -- Table of Cases.
    Abstract: During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the do­ main of a few isolated scholars in law and philosophy. Hundreds of scho­ lars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo­ American and European traditions. Not only does it help make some of the best work available to an international audience, but it also en­ courages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, aIthouogh some eidted volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of inter­ nationally renowned scholars.
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 110
    ISBN: 9789400938212
    Language: English
    Pages: Online-Ressource (316p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Theory and Decision Library, Series A: Philosophy and Methodology of the Social Sciences 1
    Series Statement: Theory and Decision Library A:, Rational Choice in Practical Philosophy and Philosophy of Science 1
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; Philosophy of law ; Social sciences Philosophy ; Ethics ; Philosophy and social sciences. ; Law—Philosophy.
    Abstract: 1 / Conscience: Foundational Aspects -- Conscience as Principled Responsibility: On the Philosophy of Stage Six -- Discussion -- The Phenomenon of Conscience: Subject-Orientation and Object-Orientation -- Discussion -- 2 / Conscience: Social and Educational Aspects -- Value-Neutrality, Conscience, and the Social Sciences -- Discussion -- Moral Competence and Education in Democratic Society -- Discussion -- The Idea of Conscience in High School Students. Development of Judgments of Responsibility in Democratic Just Community Programs -- Discussion -- 3 / Conscience: Special Topics -- Conscience in Conflict? -- Discussion -- Aquinas’ Theory of Conscience from a Logical Point of View -- Discussion -- The Ambivalent Relationship of Law and Freedom of Conscience: Intensification and Relaxation of Conscience Through the Legal System -- Discussion -- Psychoanalysis and Ethics -- Discussion -- Index of Names -- Index of Subjects.
    Abstract: Value change and uncertainty about the validity of traditional moral convictions are frequently observed when scientific re­ search confronts us with new moral problems or challenges the moral responsibility of the scientist. Which ethics is to be relied on? Which principles are the most reasonable, the most humane ones? For want of an appropriate answer, moral authorities of­ ten point to conscience, the individual conscience, which seems to be man's unique, directly accessible and final source of moral contention. But what is meant by 'conscience'? There is hardly a notion as widely used and at the same time as controversial as that of conscience. In the history of ethics we can distinguish several trends in the interpretation of the concept and function of conscience. The Greeks used the word O"uvEt81lm~ to denote a kind of 'accompa­ nying knowledge' that mostly referred to negatively experienced behavior. In Latin, the expression conscientia meant a knowing­ together pointing beyond the individual consciousness to the common knowledge of other people. In the Bible, especially in the New Testament, O"uvEt81l0"t~ is used for the guiding con­ sciousness of the morality of one's own action.
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 111
    Online Resource
    Online Resource
    Dordrecht : Springer
    ISBN: 9789400934856
    Language: English
    Pages: Online-Ressource (332p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Archives Internationales D’histoire des Idées / International Archives of the History of Ideas 111
    Series Statement: International Archives of the History of Ideas Archives internationales d'histoire des idées 111
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy of law ; History ; Law—Philosophy.
    Abstract: Editor’s Introduction -- I. Task of the ‘Science of Natural Justice’ -- 1. The Philosophical Implications of Hobbes’s State of Nature -- 2. Hobbes’s Theory of Natural and Social Sciences -- 3. Obligations: Science and Philosophy in the Political Writings of Hobbes -- II. Logic and Language of this Science -- 4. Hobbes on the Natural and the Artificial -- 5. Hobbes’s Entanglement with the Excluded Middle in his Theory of Man and Politics -- 6. Hobbes: Language and the Is-Ought -- 7. ‘Insinuations to the Will’: Hobbes’s Style and Intention in Leviathan Compared to his Earlier Political Works -- III. Natural Right and the State of Nature -- 8. Hobbes’s Conatus and the Roots of Character -- 9. Hobbes and the Wolf-man -- 10. Metamorphosis of the Idea of Right in Thomas Hobbes’s Philosophy -- 11. The Peculiarity of Hobbes’s Concept of Natural Right -- 12. Thomas Hobbes: The Mediation of Right -- IV. Generating the Commonwealth -- 13. Hobbes, Revolution and the Philosophy of History -- 14. Thomas Hobbes from Behemoth to Leviathan -- 15. Covenant: Hobbes’s Philosophy of Religion and his Political System ‘More Geometrico’ -- V. Justice and Equity in the Commonwealth -- 16. Hobbes on Equity and Justice -- 17. Commentary on Professor May’s ‘Hobbes on Equity and Justice’ -- 18. Justice and Equity: an Inquiry into the Meaning and Role of Equity in the Hobbesian Account of Justice and Politics -- VI. Hobbes Today -- 19. The Leviathan, Old and New -- 20. Hobbes and Macroethics: the Theory of Peace and Natural Justice.
    Abstract: Unlike many major figures in Western intellectual history, Hobbes has refused to become dated and quietly take his appointed place in the museum of historical scholarship. Whether by way of adoption or reaction, his ideas have remained vibrant forces in mankind's attempts to understand the problems and dilemmas of living peaceably with one another. As Richard Ashcraft said a few years ago: One of the standards by which the greatness of political theorists is measured, is their ability to evoke in us new insights into 'the human condition'. Only a few political writers have risen Dionysus-like from the titanic assaults of their critics to become even more formidable forces in the shaping of our destiny. One of these giants is surely the irascible l and irrepressible Thomas Hobbes . Given the power of Hobbes's thought, it is not then perhaps surprising to find that his writings have generated seemingly endless scholarly controversy and an astonishing range of imcompatible interpretations. Among other things, he has been interpreted as a theist and an atheist, as a utilitarian and a deontologist, a humanist and a scientist, as a traditional natural law theorist and a legal positivist, a contractualist and an absolutist - indeed, as Professor Morris notes in his contribution to the present volume, 'as almost any kind of philosophical 'ist except Platonist or Aristotelist'.
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 112
    ISBN: 9789400938779
    Language: English
    Pages: Online-Ressource (264p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Sovietica 49
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; Philosophy of law ; Political science Philosophy ; Law—Philosophy. ; Law—History. ; Political science—Philosophy.
    Abstract: One An Analysis of Marx’ Description of the Will Theory of Law -- I. Introduction -- II. Marx’ University Study -- III. Textual Indications of Attribution -- IV. Analysis of the Will Theory of Law -- V. Analysis of the Key Passage -- VI. Hegel, Savigny, and Locke as Will Theorists -- Two An Examination of the Accuracy of Marx’ Description of the Will Theory -- I. Thesis I (Legal Tide and Economic Reality) -- II. Thesis V (Contract as Accident) -- III. Theses VI and VII (Contract and FreeWill) -- IV. Conclusion -- Three Duress and FreeWill in Nineteenth-Century Contract Law -- I. Introduction -- II. A General Review of the Doctrine of Freedom of Contract -- III. The Historical Context -- IV. Survey of the Law of Duress and Undue Influence -- V. Outline of the Law of Duress and Undue Influence from 1820 to 1870 -- VI. Contract Law and Will Theory -- Four An Examination of the Accuracy of Marx’ Description of the Law -- I. Contracts as Accidental -- II. Contracts as Acts of Free Will -- III. Principles of Contract Law -- IV. Normative Statements in the Case Law -- V. Conclusion -- Five An Analysis of Marx’ Criticism of Nineteenth-Century Commercial Law -- I. Introduction -- II. Criticism of the Basis Will Theory -- Appendices -- A Discussion of Dawson’s Theories -- B Facts of Various Cases -- C Encyclopedia of Law Analysis -- Notes.
    Abstract: Donna Kline's contribution to the Sovietica series falls outside the strict confines of the study of Soviet Marxism-Leninism. It centers its attention on the seemingly minor question of Marx' knowledge of and attitude toward the legal theory and practice in vogue at the time he was writing studies that directly addressed issues of law and economics, and that indirectly helped to fashion the legal and economic behavior of Soviet-style regimes. That this question is not as minor or as irrelevant to Marxism-Leninism as it might seem at fIrst glance flows from Marx' obvious intent to do a thorough critique of all the vectors of 'bourgeois-capitalist' civilization and culture, clearly expressed in the many key texts, where 'legal relations' form at least part of the central focus. Marx' thought was forming when the 'bourgeois' law that had become self-conscious at the end of the 18th century was, following the French Revolution, trying to 'take possession' of the social-political consciousness of European-American culture, and fInding itself coming up against the 'vagaries' of economic quasi-anarchy. There is a sense in which the 'bourgeois-capitalist' efforts at developing a legal code for existing economic practice represent a sort of 'ideology in practice' to be applied to the same phenomena that Marx wanted to account for in his peculiarly Hegelian ideological critique.
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 113
    ISBN: 9789401577274
    Language: English
    Pages: Online-Ressource (XIV, 229 p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Law and Philosophy Library 3
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; Philosophy of law ; Law—Philosophy. ; Law—History.
    Abstract: The Norm as Thought and as Reality -- Law as Institutional Fact -- Facts and Fact-Descriptions -- On Analytical Jurisprudence -- Beyond Positivism and Natural Law -- Law, Morality and Positivism -- The Analytico-Dialectical Theory of Justice: A Sketch of an Action-Theoretical and Non-Cognitivist Theory of Justice -- Institutional Morality and the Constitution -- The Limits of Rationality in Legal Reasoning -- The Conditio Humana and the Ideal of Justice.
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 114
    Online Resource
    Online Resource
    Dordrecht : Springer
    ISBN: 9789400947009
    Language: English
    Pages: Online-Ressource (300p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Law and Philosophy Library 4
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; Philosophy of law ; Law—Philosophy. ; Law—History.
    Abstract: I: Introduction -- 1. The Point of Departure -- 2. A Scientific Approach to the Contents of Legal Norms -- 3. The Concept of Legal Dogmatics — A More Precise Formulation -- 4. The Angle of Approach and the Basic Problems -- II: The Ontology of Law -- 1. General Remarks -- 2. The Ontology of Interpretation in Legal Dogmatics -- 3. The Validity of a Legal Norm -- III: The Methodology of Interpretation in Legal Dogmatics -- 1. Basic Concepts -- 2. A General Characterization of Interpretation and Interpretation Theory -- 3. The Sources of Law and the Directives of Legal Interpretation -- 4. Justification of the Interpretative Standpoint: Structural Analysis -- IV: The Acceptability of an Interpretative Statement -- 1. The Principle of the One Right Answer -- 2. Acceptability and Rationality -- Epilogue -- Notes -- Abbreviations.
    Abstract: During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work avail­ able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowned scholars. Legal philosophy should not be considered a narrowly circumscribed field. Insights into law and legal institutions can come from diverse disciplines on a wide range of topics. Among the relevant disciplines or perspectives con­ tributing to legal philosophy, besides law and philosophy, are anthropology, economics, political science, and sociology. Among the topics included in legal philosophy are theories of law; the concepts of law and legal institutions; legal reasoning and adjudication; epistemological issues of evidence and pro­ cedure; law and justice, economics, politics, or morality; legal ethics; and theories oflegal fields such as criminal law, contracts, and property.
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 115
    Online Resource
    Online Resource
    Dordrecht : Springer
    ISBN: 9789401577069
    Language: English
    Pages: Online-Ressource (XII, 329 p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Law and Philosophy Library 2
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; Philosophy of law ; Law—Philosophy. ; Law—History.
    Abstract: One: Justice — Legal Justice — Social Justice -- 1: The Concept of Justice -- 2: Problems of Justification: Social Contract and Intuition -- 3: Substantive Justice and Equality before the Law -- Two: Justice as Equilibrium -- 4: The Principle of Equilibrium -- 5: Distribution According to Desert -- 6: Needs and Justice -- 7: Preferential Treatment -- 8: Punishment and the Theory of Justice -- Postscript -- 9: Beyond Social Justice -- Notes -- Selected Bibliography.
    Abstract: During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work avail­ able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field.
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 116
    ISBN: 9789400964815
    Language: English
    Pages: Online-Ressource (688p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Synthese Library, Studies in Epistemology, Logic, Methodology, and Philosophy of Science 176
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; Philosophy of law ; Science Philosophy ; Ethics ; Law—Philosophy. ; Science—Philosophy. ; Philosophy and social sciences.
    Abstract: 1: Theory of Science and Theory of Law -- Synopsis -- Recent Trends in the Philosophy of Science -- Legal Dogmatics as a Scientific Paradigm -- Paradigms in Legal Dogmatics Towards a Theory of Change and Progress in Legal Science -- Pragmatic Metatheory for Legal Science -- On Making Implicit Methodologies Explicit -- 2: Ontology and Epistomology in Legal Science -- Synopsis -- Ought, Reasons, Motivation, and the Unity of the Social Sciences: The Meta-theory of the Ought-Is Problem -- Legal Data. An Essay about the Ontology of Law -- Pluralis Juris -- Changes of Paradigm in the Law -- Legal Norms: a Transformational Approach -- Epistemology and Validity in Law -- Is Law a System of Enactments? -- The Concept of “Fact” in the Physical Sciences and in Law -- 3: Objectivity and Rationality of Legal Justification -- Synopsis -- Objectivity in the Social Sciences -- Objectivity and Rationality in Lawyer’s Reasoning -- Coherence in Legal Justification -- Paradigms of Justifying Legal Decisions -- Monism, Pluralism, Relativism and Right Answers in the Law -- Discovery and Justification in Science and Law -- Reasons and Causes in Connection with Judicial Decisions -- 4: Technical Rationality in the Law -- Synopsis -- Legal Rationality Among Different Types of Rationality -- Paradigms of Legal Research; Empirical Science and Legal Dogmatics -- Goal Reasons in Common Law Cases — Are They Predictive? -- Teleological Construction of Statutes -- Reason, Law and History -- The Rule of Law in Legal Reasoning -- 5: Some Special Topics Concerning Rationality and Legitimacy in the Law -- Synopsis -- An Ubiquitous Paralogism in Legal Thinking -- Power of Tolerance — On the Legitimacy of a Legal System -- Sir Edward Coke’s Legal Conservatism -- Popper’s Criterion of Refutability in the Legal Context -- 6: Criticism and Developments in Particular Areas of the Law: Property, Contracts, and Torts -- Synopsis -- Theory Choice and Contract Law -- Trends in Legal Science Relating to Contracts and Torts -- The Economics of Trade Laws -- 7: Interdisciplinary Bridges between Legal Research and Other Sciences -- Synopsis -- On Bridging the So-Called Gap Between Normative Legal Dogmatics and Empirical-Theoretical Social Science -- Towards an Interdisciplinary Theory of Law -- Legal Science and Hermeneutic Point of View -- Legal Theory and Social Science -- Integration Between Legal Research and Social Science -- 8: Analysis of Legal Norms and Juristic Propositions -- Synopsis -- Karl Olivecrona’s Theory of Legal Rules as Independent Imperatives -- Norms of Competence in Scandinavian Jurisprudence -- A Tentative Analysis of Two Juristic Sentences -- 9: Logical and Preference-Theoretical Structures in the Law -- Synopsis -- Automated Analysis of Legislation -- Rights and Practical Possibilities -- Requirements, Urgency, and Worth -- The Property Right of Sweden Today — Or a Requiem over an Outdated Way of Argueing -- List of Participants -- Index of Names.
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 117
    Online Resource
    Online Resource
    Dordrecht : Springer
    ISBN: 9789401720496
    Language: English
    Pages: Online-Ressource (XI, 452 p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Synthese Library, Studies in Epistemology, Logic, Methodology, and Philosophy of Science 162
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; Philosophy of law ; Ethics ; Law—Philosophy.
    Abstract: Working Conceptions of “The Law” -- Rules and Reason -- The Rôle of the Judge -- Concluding Comments -- Justification as Coherence -- Precedent, Discretion and Fairness -- Rights and Claims -- Rights, Claims and Remedies -- Rights and Justified Claims -- Concluding Comments -- The Tendency to Deprave and Corrupt -- Obscenity and the Law -- Obscenity and the Law in Practice -- Concluding Comments -- Justifications of Reverse Discrimination -- Is Reverse Discrimination Fair? -- Reverse Discrimination -- Concluding Comments -- Duress per Minas as a Defence to Crime: I -- Duress per Minas as a Defence to Crime: II -- Duress per Minas as a Defence to Crime: III -- Duress and Necessity as Defences to Crime: A Postcript -- Cruel and Unusual Punishments -- Retributivism and the Death Sentence -- Punishment and Respect for Persons -- Concluding Comments -- Indexes.
    Abstract: The Royal Institute of Philosophy has been sponsoring conferences in alternate years since 1969. These have from the start been intended to be of interest to persons who are not philosophers by profession. They have mainly focused on interdisciplinary areas such as the philosophies of psychology, education and the social sciences. The volumes arising from these conferences have in­ cluded discussions between philosophers and distinguished prac­ titioners of other disciplines relevant to the chosen topic. Beginning with the 1979 conference on 'Law, Morality and Rights' and the 1981 conference on 'Space, Time and Causality' these volumes are now constituted as a series. It is hoped that this series will contribute to advancing philosophical understanding at the frontiers of philosophy and areas of interest to non-philos­ ophers. It is hoped that it will do so by writing which reduces technicalities as much as the subject-matter permits. In this way the series is intended to demonstrate that philosophy can be clear and worthwhile in itself and at the same time relevant to the interests of lay people.
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 118
    Online Resource
    Online Resource
    Dordrecht : Springer
    ISBN: 9789400994614
    Language: English
    Pages: Online-Ressource (280p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Philosophical Studies Series in Philosophy 16
    Series Statement: Philosophical Studies Series 16
    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: Rights, Justice, and the Social Contract -- The Killing of the Innocent -- Rights and Borderline Cases -- Violence and the Socratic Theory of Legal Fidelity -- Hume and Kant on the Social Contract -- Two: Punishment and Responsibility -- Three Mistakes About Retributivism -- Kant’s Theory of Criminal Punishment -- Marxism and Retribution -- Involuntary Acts and Criminal Liability -- Moral Death: A Kantian Essay on Psychopathy -- Three: Therapeutic Intervention -- Criminal Punishment and Psychiatric Fallacies -- Preventive Detention and Psychiatry -- Incompetence and Paternalism -- Total Institutions and the Possibility of Consent to Organic Therapies -- Four: Death and the Supreme Court -- Rationality and the Fear of Death -- Cruel and Unusual Punishments -- Legal Cases Cited -- Name Index.
    Abstract: One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such a way that, together, they at least form a start toward the development of a systematic theory on the common foundations supporting the particular claims in the particular articles. With respect to this collection, the essays can all be read as particular ways of pursuing the following general pattern of thought: that a commitment to justice and a respect for rights (and not social utility) must be the foundation of any morally acceptable legal order; that a social contractarian model is the best way to illuminate this foundation; that a retributive theory of punish­ ment is the only theory of punishment resting on such a foundation and thus is the only morally acceptable theory of punishment; that the twentieth century's faddish movement toward a "scientific" or therapeutic response to crime runs grave risks of undermining the foundations of justice and rights on which the legal order ought to rest; and, finally, that the legitimate worry about the tendency of the behavioral sciences to undermine the values of.
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 119
    Online Resource
    Online Resource
    Dordrecht : Springer
    ISBN: 9789401012027
    Language: English
    Pages: Online-Ressource (318p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Synthese Library, Monographs on Epistemology, Logic, Methodology, Philosophy of Science, Sociology of Science and of Knowledge, and on the Mathematical Methods of Social and Behavioral Sciences 112
    Series Statement: Synthese Library, Studies in Epistemology, Logic, Methodology, and Philosophy of Science 112
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; Philosophy of law ; Law—Philosophy.
    Abstract: I Basic Types of Legal Position -- 1. From Bentham to Kanger -- 2. Symbols and Logical Rules -- 3. One-Agent Types -- 4. Individualistic Two-Agent Types -- 5. Collectivistic Two-Agent Types -- II Change of Position and Ranges of Legal Action -- 6. Traditions of Legal Power and a New Departure -- 7. Symbols and Logical Rules (Continued) -- 8. The General Theory of Ranges of Legal Action -- 9. Commitment, Contract and Ranges of Legal Action -- Index of Names -- Index of Subjects.
    Abstract: The present study which I have subtitled A Study in Law and Logic was prompted by the question of whether an investigation into law and legal systems could lead to the discovery of unrevealed fundamental patterns common to all such systems. This question was further stimulated by two interrelated problems. Firstly, could an inquiry be rooted in specifically legal matters, as distinct from the more usual writings on deontic logic? Secondly, could such inquiry yield a theory which would nevertheless embrace a strict and simple logical structure, permitting substantive conclusions in legal matters to be deduced from simple rules governing some basic concepts? Before the development of deontic logic, W. N. Hohfeld devoted his efforts to this question at the beginning of this century. However, with this exception, few jurists have studied the interrelation between law and logic projected in this way. Nevertheless, two great names are to be found, Gottfried Wilhelm Leibniz and Jeremy Bentham-both philo­ sophers with legal as weIl as logical training. Bentham's investigations of logical patterns in law have only recently attracted attention; and as for Leibniz, his achievements are still almost totally unexplored (his most important writings on law and logic have not even been translated from Latin). My initial interest in the question was evoked by Professor Stig Kanger. Although primarily a logician and philosopher, Stig Kanger has been interested also in the fundamentals of legal theory.
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 120
    Online Resource
    Online Resource
    Dordrecht : Springer
    ISBN: 9789401744959
    Language: English
    Pages: Online-Ressource (181 p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Social sciences ; Criminology
    Abstract: I. Reactions of Society to Crime -- II. Criminology; Its Definition, Nature and Subfields -- III. what is a Crime? Relativity of the Concept -- IV. Multiformity and Classifications -- V. Punishment -- Index of authors.
    Abstract: Didactically, a textbook of criminology should start at the beginning. The learning process, also an emotional process, begins in criminology with the concepts, views, emotions, attitudes and ideas we have regarding crime and criminals. Exploration of these underlying factors is one of the aims of the present book. We can free our thinking only by being aware of the significance of our own feelings and thoughts about a phenomenon like crime. 'That is the basic problem confronting us. In scien­ tific thinking implicit postulates as to the sensus communis, unless recognized and 1 neutralized, grow into idols.' The fight against crime is one example of such an idol. Crimes and criminals exist only by virtue of reactions to certain forms of be­ havior. For this reason this book will begin by examining the reactions of society to crime. Criminology is primarily a science of others than offenders. In this sense I invert criminology. The history of criminology is not so much a history of offenders, 2 as a history of the reactions of those in power.
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 121
    Online Resource
    Online Resource
    Dordrecht : Springer
    ISBN: 9789401026536
    Language: English
    Pages: Online-Ressource (328p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Synthese Library, Monographs on Epistemology, Logic, Methodology, Philosophy of Science, Sociology of Science and of Knowledge, and on the Mathematical Methods of Social and Behavioral Sciences 57
    Series Statement: Synthese Library, Studies in Epistemology, Logic, Methodology, and Philosophy of Science 57
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; Philosophy of law ; Law—Philosophy.
    Abstract: I. What is Justice? -- II. The Idea of Natural Law -- III. God and the State -- IV. Law and Morality -- 1. Moral Norms as Social Norms -- 2. Morality as the Regulation of Internal Behaviour -- 3. Morality as a Primitive Order without Coercive Character -- 4. Law as a Part of Morality -- 5. Relativity of Moral Value -- 6. Separation of Law and Morality -- 7. Justification of Law by Morality -- V. State-Form and World-Outlook -- VI. The Foundation of the Theory of Natural Law -- VII. Causality and Accounting -- VIII. The Emergence of the Causal Law From the Principle of Retribution -- IX. On the Concept of Norm -- X. Law and Logic -- 1. Contradiction of Natural Law -- 2. Morality and Law -- 3. The Issue Clouded by Roman Law -- 4. No Imperative without an ‘Imperator’ -- 5. The Analogy is Misleading -- 6. Statement and Norm -- 7. Law is an Act of Will -- 8. Statement and Truth -- 9. Legislator and Judge -- 10. Robber and Judge -- 11. Statute Book and Textbook -- 12. Natural and Legal Science -- 13. Of the Spirit of the Laws -- 14. Logic and Psychology -- 15. ‘Juridical Logic’ -- XI. Law and Logic Again. On the Applicability of Logical Principles to Legal Norms -- XII. On the Practical Syllogism -- XIII. Derogation -- XIV. Norm and Value -- Index of Names -- Index of Subjects.
    Abstract: In his choice of texts, the Editor has been faced with the difficult task of selecting, from among the author's more than 600 publications, those of the greatest philosophical interest. It is chiefly the topics of value-rela­ tivism and the logic of norms that have been kept in view. The selection has also been guided by the endeavour to reprint, so far as possible, texts which have not hitherto appeared in English. At times, however, this aim has had to be discarded, in order to include works of key im­ portance and also the latest expressions of Kelsen's view. In addition to the two topics already mentioned, the Editor has con­ sidered Kelsen's discussions of the causal principle to be so far worthy of philosophical attention, that some writings on causality and account­ ability have been included in this collection of philosophical studies. OTA WEINBERGER Hans Kelsen died on April 19th, 1973. Only his work now lives, for the inspiration of future generations of jurists and philosophers. Graz, 25th April, 1973 OT A WEINBERGER TRANSLATOR'S NOTE I am obliged to the Editor for his careful scrutiny of the translation, which has led to a number of corrections and improvements in the text.
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
Close ⊗
This website uses cookies and the analysis tool Matomo. More information can be found here...