Law

Directives and Norms

Author: Alf Ross

Publisher: Lawbook Exchange Limited

ISBN: 9781584779612

Category: Law

Page: 188

View: 6912

Ross, Alf Loar, Brian, Editor.Directives and Norms. New York: Humanities Press, [1967]. ix, 188 pp. Reprint available April 2009 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-961-2. ISBN-10: 1-58477-961-6. Cloth with dust jacket. $65.00 * Reprint of the first American edition. One of the most interesting jurists of the post-World War II era, Ross [1899-1979] was a legal and moral philosopher, scholar of international law and the leading representative of Scandinavian Legal Realism. This book and On Law and Justice (1958) are his principal works. In Directives and Norms Ross asks whether imperatives (or, to use his term, 'directives') are subject to logic in the same way as indicatives. He shows the difference between indicative and directive discourse and explains the concepts 'directive' and 'norm' as they function in the social sciences, especially in the study of law. A contemporary essay in the Modern Law Review (32:544), though critical of this work, was still impressed by its "clear and convincing account" of these processes.
Language Arts & Disciplines

Directives and norms

Author: Alf Ross

Publisher: N.A

ISBN: N.A

Category: Language Arts & Disciplines

Page: 188

View: 6616

Law

Legal Directives and Practical Reasons

Author: Noam Gur

Publisher: Oxford University Press, USA

ISBN: 0199659877

Category: Law

Page: 240

View: 7024

This book takes up a central question in jurisprudence: What difference can law make to normative reasons relevant to our actions? Following a critical examination of two competing models, an exclusionary model and a weighing model, Gur proposes a third way that aims to capture the strengths of both of these models while avoiding their pitfalls.
Law

On Guilt, Responsibility, and Punishment

Author: Alf Ross

Publisher: Univ of California Press

ISBN: 9780520027176

Category: Law

Page: 183

View: 2410

Selected essays originally published as a book in Danish in 1970. Three had been published before then in English, but the others are new. All deal with concepts common to law and morality. "They function in the same way in legal and moral discourse: guilt determines responsibility, and responsibility punishment. But the conditions under which a person incurs guilt differ according to whether the guilt is legal or moral, as do also the manner in which the responsibility takes effect and the penal reaction itself." Cf. Preface, page v.
Business & Economics

Law and Social Norms

Author: Eric A. Posner

Publisher: Harvard University Press

ISBN: 9780674042308

Category: Business & Economics

Page: 272

View: 6846

What is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms. The model shows that people's concern with establishing cooperative relationships leads them to engage in certain kinds of imitative behavior. The resulting behavioral patterns are called social norms. Posner applies the model to several areas of law that involve the regulation of social norms, including laws governing gift-giving and nonprofit organizations; family law; criminal law; laws governing speech, voting, and discrimination; and contract law. Among the engaging questions posed are: Would the legalization of gay marriage harm traditional married couples? Is it beneficial to shame criminals? Why should the law reward those who make charitable contributions? Would people vote more if non-voters were penalized? The author approaches these questions using the tools of game theory, but his arguments are simply stated and make no technical demands on the reader.
Philosophy

The Law in Philosophical Perspectives

My Philosophy of Law

Author: Luc J. Wintgens

Publisher: Springer Science & Business Media

ISBN: 9401593175

Category: Philosophy

Page: 274

View: 8525

In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.
Philosophy

Kazimierz Opałek Selected Papers in Legal Philosophy

Author: Jan Wolenski

Publisher: Springer Science & Business Media

ISBN: 9401592578

Category: Philosophy

Page: 344

View: 2633

Philosophical aspects of law and jurisprudence are investigated from various points of view. This collection represents the analytic approach to legal philosophy. However, this approach is not extreme in the sense that it is limited exclusively to linguistic matters. The concept of norm as a directive of conduct is the central category analyzed in particular essays. The structure of directives as well as their semantic and pragmatic roles are studied. Pragmatic functions of directives are linked with their functioning as speech acts. Moreover, existence and validity of norms are analyzed. The author also touches on general methodological problems of legal theory and philosophy, particularly their relations to social sciences. The collection covers material interesting for philosophers, lawyers and social scientists.
Philosophy

Reasons for Action and the Law

Author: M.C. Redondo

Publisher: Springer Science & Business Media

ISBN: 9401591415

Category: Philosophy

Page: 192

View: 6619

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.
Business & Economics

The Common Agricultural Policy

Policy Dynamics in a Changing Context

Author: Grace Skogstad,Amy Verdun

Publisher: Routledge

ISBN: 1317988531

Category: Business & Economics

Page: 176

View: 7308

The Common Agricultural Policy (CAP) is a unique agricultural policy worldwide. For many years, its status as the only common European Community (EC) policy governed by EC institutions put it at the heart of European integration. Today the CAP is not the only common European Union (EU) policy. Even while it remains the sole instance of a regionally integrated agricultural policy, the CAP no longer embodies the same degree of cross-national harmonization of agricultural policy among EC/EU member states that it once did. The CAP has undergone policy reforms in the past two decades and these reforms have spawned a host of questions. What has caused the CAP to reform? How path-breaking are CAP reforms? Are they consistent with founding CAP goals or do they encompass new ideas about agriculture’s place in the economy and society? And what are the consequences of agricultural policy reforms: for European farmers, consumers and taxpayers; for European ‘public goods’ such as environmental sustainability and preservation of rural communities and landscapes; and for third parties outside the EU, including the WTO? This book was published as a special issue of the Journal of European Integration.
Philosophy

Law, Institution and Legal Politics

Fundamental Problems of Legal Theory and Social Philosophy

Author: Ota Weinberger

Publisher: Springer Science & Business Media

ISBN: 9401134588

Category: Philosophy

Page: 276

View: 4420

It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.
Law

Law and Semiotics

Author: Roberta Kevelson

Publisher: Springer Science & Business Media

ISBN: 1461307716

Category: Law

Page: 382

View: 6941

of those problems in law which we inherit and/or retrieve in order to reconstruct and interpret in the light of legal semiotics, however defined. In addition to three main areas of underlying metaphysical assumptions there are also three main areas of possible editorial focus and these should be mentioned. The three areas of focus are: 1) the state-of-the-art of legal semiotics; 2) the dynamic, intense and exceptionally interactive quality of conference participation, and 3) the content of the papers presented which is the material of this volume. My choice of this triad of focal possibilities is to exclude the last since the papers speak for themselves and need but a brief reportorial caption. I also eliminate the second possible focus as the main focus since the discussion was not taped for editing into this volume and must remain for all those who participated a quality of scholarly meetings to be remembered, savored and hoped for. My main focus is on the "state-of-the-art" of legal semiotics. II At the conclusion of the First Round Table on Law and Semiotics (1987) it was noted that there were no working paradigms, in Kuhn's sense, that thus far emerged but rather that several problematic areas were disclosed which warrant attention. Therefore the first concern of Legal Semiotics should be to address the surface, i. e.
Law

Law and Politics

A Dilemma for Contemporary Legal Theory

Author: Mauro Zamboni

Publisher: Springer Science & Business Media

ISBN: 3540739262

Category: Law

Page: 166

View: 1063

This book reconstructs and classifies, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether and how law relates to politics. It presents a possible explanation as to why different legal theories, though often reaching diametric results, somehow must still begin from common basic points.
Philosophy

Position and Change

A Study in Law and Logic

Author: L. Lindahl

Publisher: Springer Science & Business Media

ISBN: 9401012024

Category: Philosophy

Page: 306

View: 6792

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.
Philosophy

Cooperation

A Philosophical Study

Author: R. Tuomela

Publisher: Springer Science & Business Media

ISBN: 9401595941

Category: Philosophy

Page: 436

View: 7395

In Cooperation, A Philosophical Study, Tuomela offers the first comprehensive philosophical theory of cooperation. He builds on such notions a collective and joint goals, mutual beliefs, collective commitments, acting together and acting collectively. The book analyzes the varieties of cooperation, making use of the crucial distinction between group-mode and individual-mode cooperation. The former is based on collective goals and collective commitments, the latter on private goals and commitments. The book discusses the attitudes and the kinds of practical reasoning that cooperation requires and investigate some of the conditions under which cooperation is likely, rationally, to occur. It also shows some of the drawbacks of the standard game-theoretical treatments of cooperation and presents a survey of cooperation research in neighbouring fields. Readership: Essential reading for researchers and graduate students in philosophy. Also of interest to researchers int he social sciences and AI.
Social Science

Artificial Societies

The Computer Simulation Of Social Life

Author: Nigel Gilbert University of Surrey; Rosaria Conte National Research Council of Italy.,

Publisher: Routledge

ISBN: 1135367310

Category: Social Science

Page: 316

View: 5595

An exploration of the implications of developments in artificial intelligence for social scientific research, which builds on the theoretical and methodological insights provided by "Simulating societies".; This book is intended for worldwide library market for social science subjects such as sociology, political science, geography, archaeology/anthropology, and significant appeal within computer science, particularly artificial intelligence. Also personal reference for researchers.