analysis of dis agreement with particular reference to law and legal theory law and philosophy library

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Analysis Of Dis Agreement With Particular Reference To Law And Legal Theory

Author : S. Eng
ISBN : 9789401703819
Genre : Philosophy
File Size : 20. 8 MB
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In order to determine whether two participants in a discussion are in real dis/agreement, one must compare their propositions. Comparison presupposes yardsticks in common. This work thematises such yardsticks, in that it demonstrates the existence, content and factual significance of a relatively well-delimited set of proposition types and proposition patterns, with their accompanying tenability criteria and motivating interests. It is for philosophers, legal theorists, lawyers, and linguists.

The Rule Of Law History Theory And Criticism

Author : Pietro Costa
ISBN : 1402057458
Genre : Law
File Size : 29. 94 MB
Format : PDF
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Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.

The Concept Of Rights

Author : George W. Rainbolt
ISBN : 140203976X
Genre : Law
File Size : 28. 54 MB
Format : PDF
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What is it to have a right? This book defends an alternative to traditional views, the justified-constraint theory of rights. It also solves the puzzle of the relational nature of rights. It gives a systematic account of an important alternative to the best theories of rights in the literature.

Group Rights As Human Rights

Author : Neus Torbisco Casals
ISBN : 9781402042096
Genre : Law
File Size : 42. 71 MB
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Liberal theories have long insisted that cultural diversity in democratic societies can be accommodated through classical liberal tools, in particular through individual rights, and they have often rejected the claims of cultural minorities for group rights as illiberal. Group Rights as Human Rights argues that such a rejection is misguided. Based on a thorough analysis of the concept of group rights, it proposes to overcome the dominant dichotomy between "individual" human rights and "collective" group rights by recognizing that group rights also serve individual interests. It also challenges the claim that group rights, so understood, conflict with the liberal principle of neutrality; on the contrary, these rights help realize the neutrality ideal as they counter cultural biases that exist in Western states. Group rights deserve to be classified as human rights because they respond to fundamental, and morally important, human interests. Reading the theories of Will Kymlicka and Charles Taylor as complementary rather than opposed, Group Rights as Human Rights sees group rights as anchored both in the value of cultural belonging for the development of individual autonomy and in each person’s need for a recognition of her identity. This double foundation has important consequences for the scope of group rights: it highlights their potential not only in dealing with national minorities but also with immigrant groups; and it allows to determine how far such rights should also benefit illiberal groups. Participation, not intervention, should here be the guiding principle if group rights are to realize the liberal promise.

The Concept Of Ideals In Legal Theory

Author : Sanne Taekema
ISBN : 904111971X
Genre : Philosophy
File Size : 63. 14 MB
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Talk about law often includes reference to ideals of justice, equality or freedom. But what do we refer to when we speak about ideals in the context of law? This book explores the concept of ideals by combining an investigation of different theories of ideals with a discussion of the role of ideals in law. A comparison of the theories of Gustav Radbruch and Philip Selznick leads up to a pragmatist theory of legal ideals, which provides an interesting new position in the debate about values in law between legal positivists and natural law thinkers. Attention for law's central ideals enables us to understand law's autonomous character, while at the same time tracing its connection to societal values. Essential reading for anyone interested in the role of values or ideals in law.

The British National Bibliography

Author : Arthur James Wells
ISBN : UOM:39015057956560
Genre : English literature
File Size : 22. 23 MB
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Metaphilosophy Of Law

Author : Pawel Banas
ISBN : 9781509906093
Genre : Law
File Size : 87. 47 MB
Format : PDF, Kindle
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Methodological and metaphilosophical disputes in the contemporary philosophy of law are very vivid. Basic issues remain controversial. The purpose of the book is to confront approaches of Anglo-Saxon and continental philosophy of law to the following topics: the purpose of legal philosophy, the role of disagreement in legal philosophy, methodology of legal philosophy (conceptual analysis) and normativity of law. We see those areas of legal metaphilosophy as drawing recently more and more attention in the literature. The authors of particular chapters are internationally recognised scholars rooted in various traditions: Anglo-Saxon (Gerald Postema, Dennis Patterson, Kenneth Ehrenberg, Veronica Rodriguez-Blanco); Southern-European (Riccardo Guastini, Manuel Atienza); Nordic (Torben Spaak); German (Ralf Poscher); and Central-European (Jan Wolenski, Tomasz Gizbert-Studnicki, Adam Dyrda). They represent different approaches and different backgrounds. The purpose of the volume is to contribute to the cross-cultural discussions of fundamental issues of philosophy of law.

Pure Theory Of Law

Author : Hans Kelsen
ISBN : 0520036921
Genre : Law
File Size : 84. 95 MB
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Why People Obey The Law

Author : Tom R. Tyler
ISBN : 9780691126739
Genre : Law
File Size : 74. 32 MB
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People obey the law if they believe it's legitimate, not because they fear punishment--this is the startling conclusion of Tom Tyler's classic study. Tyler suggests that lawmakers and law enforcers would do much better to make legal systems worthy of respect than to try to instill fear of punishment. He finds that people obey law primarily because they believe in respecting legitimate authority. In his fascinating new afterword, Tyler brings his book up to date by reporting on new research into the relative importance of legal legitimacy and deterrence, and reflects on changes in his own thinking since his book was first published.

Authority In Transnational Legal Theory

Author : Roger Cotterrell
ISBN : 9781784711627
Genre : Law
File Size : 58. 89 MB
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The increasing transnationalisation of regulation – and social life more generally – challenges the basic concepts of legal and political theory today. One of the key concepts being so challenged is authority. This discerning book offers a plenitude of resources and suggestions for meeting that challenge.

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