Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revised versions of ten of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect the Realist program to the methodology debate in contemporary jurisprudence; and explore the general implications of a naturalistic world view for problems about the objectivity of law and morality. Leiter has supplied a lengthy new introductory essay, as well as postscripts to several of the essays, in which he responds to challenges to his interpretive and philosophical claims by academic lawyers and philosophers. This volume will be essential reading for anyone interested in jurisprudence, as well as for philosophers concerned with the consequences of naturalism in moral and legal philosophy.
In the contemporary domain of American legal thought there is a dominant way in which lawyers and judges craft their argumentative practice. More colloquially, this is a dominant conception of what it means to 'think like a lawyer'. Despite the widespread popularity of this conception, it is rarely described in detail or given a name. Justin Desautels-Stein tells the story of how and why this happened, and why it matters. Drawing upon and updating the work of Harvard Law School's first generation of critical legal studies, Desautels-Stein develops what he calls a jurisprudence of style. In doing so, he uncovers the intellectual alliance, first emerging at the end of the nineteenth century and maturing in the last third of the twentieth century, between American pragmatism and liberal legal thought. Applying the tools of legal structuralism and phenomenology to real-world cases in areas of contemporary legal debate, this book develops a practice-oriented understanding of legal thought.
Written with students in mind, Professor Raymond Wacks brings legal theory to life through his lucid and entertaining style. The author has crafted a manageable guide, balancing concise introductions to the key theorists and core issues such as punishment and rights without ignoring thesubtleties of the subject. Seminal quotes from leading scholars are included to help students recognise the impact of their work, while extensive further reading suggestions at the end of each chapter invite students to explore the broad range of literature available on central topics. Each chapter concludes with a series ofcritical questions designed to encourage reader to think analytically about the law and the key debates which surround it. This book is accompanied by online resources which includes multiple-choice questions with instant feedback to give students the chance to test their understanding.
A collection of new essays on the interplay between intentions and practical reasons in law and practical agency.
Philosophical naturalism, according to which philosophy is continuous with the natural sciences, has dominated the Western academy for well over a century; but Michael Rea claims that it is without rational foundation, and that the costs of embracing it are surprisingly high. The first part of World Without Design aims to provide a fair and historically informed characterization of naturalism. Rea then argues compellingly to the surprising conclusion that naturalists are committed to rejecting realism about material objects, materialism, and perhaps realism about other minds. This conclusion is striking, largely because naturalism is often simply identified with materialism, and the remaining two theses are ones that naturalists very typically want to endorse. Rea goes on to examine two alternative research programs: intuitionism and supernaturalism, and argues for the conclusion that intuitionism, under certain circumstances, is self-defeating. World Without Design offers a provocative challenge to philosophical orthodoxy. It will make uncomfortable reading for many philosophers.
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
The appeal of philosophy has always been its willingness to speak to those pressing questions that haunt us as we make our way through life. What is truth? Could we think without language? Is materialism everything? But in recent years, philosophy has been largely absent from mainstream cultural commentary. Many have come to believe that the field is excessively technical and inward-looking and that it has little to offer outsiders. The 25 interviews collected in this volume, all taken from a series of online interviews with leading philosophers published by the cultural magazine 3ammagazine.com, were carried out with the aim of confronting widespread ignorance about contemporary philosophy. Interviewer Richard Marshall's informed and enthusiastic questions help his subjects explain the meaning of their work in a way that is accessible to non-specialists. Contemporary philosophical issues are presented through engaging but serious dialogues that, taken together, offer a glimpse into key debates across the discipline. Alongside metaphysics, philosophy of mind, epistemology, logic, philosophy of science, philosophy of language, political philosophy and ethics, discussed here are feminist philosophy, continental philosophy, pragmatism, philosophy of religion, experimental philosophy, bioethics, animal rights, and legal philosophy. Connections between philosophy and fields such as psychology, cognitive science, and theology are likewise examined. Marshall interviews philosophers both established and up-and coming. Engaging, thoughtful and thought-provoking, inviting anyone with a hunger for philosophical questions and answers to join in, Philosophy at 3:AM shows that contemporary philosophy can be relevant -- and even fun.
Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself.
This comprehensive presentation of Axel Hägerström (1868-1939) fills a void in nearly a century of literature, providing both the legal and political scholar and the non-expert reader with a proper introduction to the father of Scandinavian realism. Based on his complete work, including unpublished material and personal correspondence selected exclusively from the Uppsala archives, A Real Mind follows the chronological evolution of Hägerström’s intellectual enterprise and offers a full account of his thought. The book summarizes Hägerström’s main arguments while enabling further critical assessment, and tries to answer such questions as: If norms are neither true nor false, how can they be adequately understood on the basis of Hägerström’s theory of knowledge? Did the founder of the Uppsala school uphold emotivism in moral philosophy? What consequences does such a standpoint have in practical philosophy? Is he really the inspiration behind Scandinavian state absolutism?A Real Mind places the complex web of issues addressed by Hägerström within the broader context of 20th century philosophy, stretching from epistemology to ethics. His philosophy of law is examined in the core chapters of the book, with emphasis on the will-theory and the relation between law and power. The narrative is peppered with vignettes from Hägerström’s life, giving an insightful and highly readable portrayal of a thinker who put his imprint on legal theory. The appendix provides a selected bibliography and a brief synopsis of the major events in his life, both private and intellectual.
"Scholars, students, and legal theorists alike will find this book engaging as they fashion their own objective criticisms regarding the concepts of 'truth,' 'fact,' and the relationship between 'law' and 'morality.' By challenging the foundational basis of contemporary legal thought. Allan C. Hutchinson attempts to wrest contemporary jurisprudence from the stifling grip of analytical legal theory, as he proposes to open it to a more thoroughly democratic approach."--BOOK JACKET.
Oxford Studies in the Philosophy of Law is an annual forum for new philosophical work on law. The essays range widely over general jurisprudence (the nature of law, adjudication, and legal reasoning), philosophical foundations of specific areas of law (from criminal to international law), and other philosophical topics relating to legal theory.
The Constitutional State provides an original analytical account of the state and its associated constitutional phenomena. It presents the state as a form of social group, consisting of people, territory and institutions bound together by rules. The institutions of the state make a distinctive and characteristic claim over the people of the state, who, in turn, have a distinctive and characteristic relationship with these institutions. This account reveals the importance of at least two forms of pluralism - legal and constitutional. It also casts light on some of the more difficult questions faced by writers on constitutions - such as the possibility of states undertaking actions and forming intentions, the moral significance of these actions for the people of the state, and the capacity of the state to carry responsibility for acts between generations.
The aim of this collection of papers is to present different philosophical perspectives on the mental, exploring questions about how to define, explain and understand the various kinds of mental acts and processes, and exhibiting, in particular, the contrast between naturalistic and non-naturalistic approaches. There is a long tradition in philosophy of clarifying concepts such as those of thinking, knowing and believing. The task of clarifying these concepts has become ever more important with the major developments that have taken place over the last century in the human and cognitive sciences - most notably, psychology, sociology, linguistics, neurophysiology, AI, and cognitive science itself. In all these sciences, there is a need to delineate the domain of the mental and to elucidate the key concepts and underlying assumptions. This need is widely recognized, but approaches and answers vary significantly. Some stress the representational features involved in most of our mental processes, others the inferential dimension; some stress the necessity of using empirical data, others the need to refine ideas before pursuing and drawing on empirical research. The papers collected in this volume are grouped into four parts, on language and thought, on knowledge, belief and action, on intentionality, and on naturalism. The volume will be welcomed by all those engaged and interested in debates about the mental in philosophy and the human and cognitive sciences. Table of Contents PART I: LANGUAGE AND THOUGHT Andrew Woodfield, Public Words Considered as Vehicles of Thinking Andrea Bianchi, Speaking and Thinking (Or: A More Kaplanian Way to a Unified Account of Language and Thought) Stefano Predelli, The Strange Case of the Missing Constituent PART II: KNOWLEDGE, BELIEF AND ACTION Pascal Engel, Taking Seriously Knowledge as a Mental State Carlo Gabbani, Epistemology and the Eliminative Stance Jennifer Hornsby, Knowledge, Belief and Reasons for Acting Wolfgang Künne, Some Varieties of Deception PART III: INTENTIONALITY Sandro Nannini, Intentionality Naturalised Elisabetta Sacchi, Thought and Thinking: the Ontological Ground of Intentionality Elisabeth Pacherie, Is Collective Intentionality Really Primitive? PART IV: NATURALISM Marcello Frixione, Do Concepts exist? A Naturalistic Point of View Tim Crane, Cosmic Hermeneutics vs. Emergence: the Challenge of the Explanatory Gap Achim Stephan and Robert C. Richardson, What Physicalism Should Provide Us With Mario De Caro, The Claims of Naturalism
Law and Transcendence examines and develops the philosophy of British Philosopher Gillian Rose. By putting Roses thought into critical dialogue with contemporary philosophers and religious thinkers, the author demonstrates the continuing importance of her work and the importance of critical engagement between philosophy and religious thought.
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