• Law

Naturalizing Jurisprudence

Essays on American Legal Realism and Naturalism in Legal Philosophy
Author: Brian Leiter
Publisher: Oxford University Press on Demand
ISBN: 9780199206490
Category: Law
Page: 287
View: 6431
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.

    • Law

Naturalizing Jurisprudence

Essays on American Legal Realism and Naturalism in Legal Philosophy
Author: Brian Leiter
Publisher: Oxford University Press, USA
ISBN: 9780199299010
Category: Law
Page: 287
View: 2491
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 revisedversions 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 themethodology 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 tochallenges 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.

    • Law

Why Tolerate Religion?


Author: Brian Leiter
Publisher: Princeton University Press
ISBN: 140085234X
Category: Law
Page: 216
View: 2396
This provocative book addresses one of the most enduring puzzles in political philosophy and constitutional theory—why is religion singled out for preferential treatment in both law and public discourse? Why are religious obligations that conflict with the law accorded special toleration while other obligations of conscience are not? In Why Tolerate Religion?, Brian Leiter shows why our reasons for tolerating religion are not specific to religion but apply to all claims of conscience, and why a government committed to liberty of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare.

    • Law

Oxford Studies in Philosophy of Law:


Author: Leslie Green,Brian Leiter
Publisher: Oxford University Press
ISBN: 0199679827
Category: Law
Page: 309
View: 8159
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.

    • Political Science

The Jurisprudence of Style

A Structuralist History of American Pragmatism and Liberal Legal Thought
Author: Justin Desautels-Stein
Publisher: Cambridge University Press
ISBN: 1108601464
Category: Political Science
Page: N.A
View: 8186
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.

    • Law

Objectivity in Law and Morals


Author: Brian Leiter
Publisher: Cambridge University Press
ISBN: 9780521041492
Category: Law
Page: 368
View: 8242
The seven original essays included in this volume from 2000, written by some of the world's most distinguished moral and legal philosophers, offer a sophisticated perspective on issues about the objectivity of legal interpretation and judicial decision-making. They examine objectivity from both metaphysical and epistemological perspectives and develop a variety of approaches, constructive and critical, to the fundamental problems of objectivity in morality. One of the key issues explored is that of the alleged 'domain-specificity' of conceptions of objectivity, i.e. whether there is a conception of objectivity appropriate for ethics that is different in kind from the conception of objectivity appropriate for other areas of study. This volume considers the intersection between objectivity in ethics and objectivity in law. It presents a survey of live issues in metaethics, and examines their relevance to theorizing about law and adjudication.

    • Philosophy

Mind and Cosmos

Why the Materialist Neo-Darwinian Conception of Nature is Almost Certainly False
Author: Thomas Nagel
Publisher: Oxford University Press
ISBN: 0199919755
Category: Philosophy
Page: 130
View: 9304
The modern materialist approach to life has conspicuously failed to explain such central mind-related features of our world as consciousness, intentionality, meaning, and value. This failure to account for something so integral to nature as mind, argues philosopher Thomas Nagel, is a major problem, threatening to unravel the entire naturalistic world picture, extending to biology, evolutionary theory, and cosmology. Since minds are features of biological systems that have developed through evolution, the standard materialist version of evolutionary biology is fundamentally incomplete. And the cosmological history that led to the origin of life and the coming into existence of the conditions for evolution cannot be a merely materialist history, either. An adequate conception of nature would have to explain the appearance in the universe of materially irreducible conscious minds, as such. Nagel's skepticism is not based on religious belief or on a belief in any definite alternative. InMind and Cosmos, he does suggest that if the materialist account is wrong, then principles of a different kind may also be at work in the history of nature, principles of the growth of order that are in their logical form teleological rather than mechanistic. In spite of the great achievements of the physical sciences, reductive materialism is a world view ripe for displacement. Nagel shows that to recognize its limits is the first step in looking for alternatives, or at least in being open to their possibility.

    • Philosophy

The Oxford Handbook of Continental Philosophy


Author: Brian Leiter,Michael Rosen
Publisher: Oxford University Press
ISBN: 0191568899
Category: Philosophy
Page: N.A
View: 9614
The Oxford Handbooks series is a major new initiative in academic publishing. Each volume offers an authoritative and up-to-date survey of original research in a particular subject area. Specially commissioned essays from leading figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences. The Oxford Handbook of Continental Philosophy is the definitive guide to the major themes of the continental European tradition in philosophy in the nineteenth and twentieth centuries. Brian Leiter and Michael Rosen have assembled a stellar group of contributors who provide a thematic treatment of continental philosophy, treating its subject matter philosophically and not simply as a series of museum pieces from the history of ideas. The scope of the volume is broad, with discussions covering a wide range of philosophical movements including German Idealism, existentialism, phenomenology, Marxism, postmodernism, and critical theory, as well as thinkers like Hegel, Marx, Nietzsche, Freud, Heidegger, and Foucault. This Handbook will be an essential reference point for graduate students and professional academics working on continental philosophy, as well as those with an interest in European literature, the history of ideas, and cultural studies.

    • Law

Essays in Jurisprudence and Philosophy


Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 0191018724
Category: Law
Page: 404
View: 6436
This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.

    • Political Science

The Oxford Handbook of Gender and Politics


Author: Georgina Waylen,Karen Celis,Johanna Kantola,S. Laurel Weldon
Publisher: Oxford University Press
ISBN: 0199790833
Category: Political Science
Page: 800
View: 8734
As a field of scholarship, gender and politics has exploded over the last fifty years and is now global, institutionalized, and ever expanding. The Oxford Handbook of Gender and Politics brings to political science an accessible and comprehensive overview of the key contributions of gender scholars to the study of politics and shows how these contributions produce a richer understanding of polities and societies. Like the field it represents, the handbook has a broad understanding of what counts as political and is based on a notion of gender that highlights masculinities as well as femininities, thereby moving feminist debates in politics beyond the focus on women. It engages with some of the key aspects of political science as well as important themes in gender and feminist research (such as sexuality and body politics), thereby forging a dialogue between gender studies in politics and mainstream political science. The handbook is organized in sections that look at sexuality and body politics; political economy; civil society; participation, representation and policymaking; institutions, states and governance as well as nation, citizenship and identity. The Oxford Handbook of Gender and Politics contains and reflects the best scholarship in its field.

    • Philosophy

The Blackwell Guide to the Philosophy of Law and Legal Theory


Author: Martin P. Golding,William A. Edmundson
Publisher: John Wiley & Sons
ISBN: 0470779861
Category: Philosophy
Page: 368
View: 1792
The Blackwell Guide to the Philosophy of Law and Legal Theory is a handy guide to the state of play in contemporary philosophy of law and legal theory. Comprises 23 essays critical essays on the central themes and issues of the philosophy of law today, written by an international assembly of distinguished philosophers and legal theorists Each essay incorporates essential background material on the history and logic of the topic, as well as advancing the arguments Represents a wide variety of perspectives on current legal theory

    • Philosophy

Nietzsche on Morality


Author: Brian Leiter
Publisher: Routledge
ISBN: 131763585X
Category: Philosophy
Page: 302
View: 6784
Both an introduction to Nietzsche’s moral philosophy, and a sustained commentary on his most famous work, On the Genealogy of Morality, this book has become the most widely used and debated secondary source on these topics over the past dozen years. Many of Nietzsche’s most famous ideas - the "slave revolt" in morals, the attack on free will, perspectivism, "will to power" and the "ascetic ideal" - are clearly analyzed and explained. The first edition established the centrality of naturalism to Nietzsche’s philosophy, generating a substantial scholarly literature to which Leiter responds in an important new Postscript. In addition, Leiter has revised and refreshed the book throughout, taking into account new scholarly literature, and revising or clarifying his treatment of such topics as the objectivity of value, epiphenomenalism and consciousness, and the possibility of "autonomous" agency.

    • Jurisprudence

Understanding Jurisprudence

An Introduction to Legal Theory
Author: Raymond Wacks
Publisher: Oxford University Press
ISBN: 0198806019
Category: Jurisprudence
Page: 407
View: 8414
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.

    • Law

Reasons and Intentions in Law and Practical Agency


Author: George Pavlakos,Veronica Rodriguez-Blanco
Publisher: Cambridge University Press
ISBN: 1107070724
Category: Law
Page: 342
View: 2138
A collection of new essays on the interplay between intentions and practical reasons in law and practical agency.

    • Philosophy

Film, Art, and the Third Culture

A Naturalized Aesthetics of Film
Author: Murray Smith
Publisher: Oxford University Press
ISBN: 0192507931
Category: Philosophy
Page: 288
View: 3250
In the mid-1950s C.P. Snow began his campaign against the 'two cultures' - the debilitating divide, as he saw it, between traditional 'literary intellectual' culture, and the culture of the sciences, urging in its place a 'third culture' which would draw upon and integrate the resources of disciplines spanning the natural and social sciences, the arts and the humanities. Murray Smith argues that, with the ever-increasing influence of evolutionary theory and neuroscience, and the pervasive presence of digital technologies, Snow's challenge is more relevant than ever. Working out how the 'scientific' and everyday images of the world 'hang' together is no simple matter. In Film, Art, and the Third Culture, Smith explores this question in relation to the art, technology, and science of film in particular, and to the world of the arts and aesthetic activity more generally. In the first part of his book, Smith explores the general strategies and principles necessary to build a 'third cultural' or naturalized approach to film and art - one that roots itself in an appreciation of scientific knowledge and method. Smith then goes on to focus on the role of emotion in film and the other arts, as an extended experiment in the 'third cultural' integration of ideas on emotion spanning the arts, humanities and sciences. While acknowledging that not all of the questions we ask are scientific in nature, Smith contends that we cannot disregard the insights wrought by taking a naturalized approach to the aesthetics of film and the other arts.

    • Law

Evaluation and Legal Theory


Author: Julie Dickson
Publisher: Hart Publishing
ISBN: 1841131849
Category: Law
Page: 148
View: 9864
If Raz and Dworkin disagree over how law should be characterised,how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover, what is it that makes an account of law successful? Evaluation and Legal Theory tackles methodological or meta-theoretical issues such as these, and does so via attempting to answer the question: to what extent, and in what sense, must a legal theorist make value judgements about his data in order to construct a successful theory of law? Dispelling the obfuscatory myth that legal positivism seeks a 'value-free' account of law, the author attempts to explain and defend Joseph Raz's position that evaluation is essential to successful legal theory, whilst refuting John Finnis and Ronald Dworkin's contentions that the legal theorist must morally evaluate and morally justify the law in order to properly explain its nature.The book does not claim to solve the many mysteries of meta-legal theory but does seek to contribute to and engender rigorous and focused debate on this topic.

    • Law

Understanding the Nature of Law

A Case for Constructive Conceptual Explanation
Author: Michael Giudice
Publisher: Edward Elgar Publishing
ISBN: 1784718815
Category: Law
Page: 272
View: 3050
Understanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized? This novel book explains the importance of

    • Law

Law in the Domains of Culture


Author: Austin Sarat,Thomas R. Kearns
Publisher: University of Michigan Press
ISBN: 9780472023639
Category: Law
Page: 256
View: 6653
The concept of culture is troublingly vague and, at the same time, hotly contested, and law's relations to culture are as complex, varied and disputed as the concept of culture itself. The concept of the traditional, unified, reified, civilizing idea of culture has come under attack. The growth of cultural studies has played an important role in redefining culture by including popular culture and questions of social stratification, power and social conflict. Law and legal studies are relative latecomers to cultural studies. As scholars have come to see law as not something apart from culture and society, they have begun to explore the connections between law and culture. Focusing on the production, interpretation, consumption and circulation of legal meaning, these scholars suggest that law is inseparable from the interests, goals and understandings that deeply shape or compromise social life. Against this background, Law in the Domains of Culture brings the insights and approaches of cultural studies to law and tries to secure for law a place in cultural analysis. This book provides a sampling of significant theoretical issues in the cultural analysis of law and illustrates some of those issues in provocative examples of the genre. Law in the Domains of Culture is designed to encourage the still tentative efforts to forge a new interdisciplinary synthesis, cultural studies of law. The contributors are Carol Clover, Rosemary Coombe, Marjorie Garber, Thomas R. Kearns, William Miller, Andrew Ross, Austin Sarat, and Martha Woodmansee. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.