justice and the ethics of legal interpretation

Download Book Justice And The Ethics Of Legal Interpretation in PDF format. You can Read Online Justice And The Ethics Of Legal Interpretation here in PDF, EPUB, Mobi or Docx formats.

Justice And The Ethics Of Legal Interpretation

Author : Susanna Lindroos-Hovinheimo
ISBN : 9781136466007
Genre : Philosophy
File Size : 22. 98 MB
Format : PDF, ePub
Download : 230
Read : 1038

Download Now


Justice and the Ethics of Legal Interpretation addresses how it is that legal texts -laws, statutes and regulations – can, and do have meaning. Conventionally, legal decisions are justified with reference to language. But since language is always open to interpretation, and so cannot fully justify any legal decision, there is a responsibility that is inherent in legal interpretation itself. In this book, Susanna Lindroos-Hovinheimo uncovers and analyses this responsibility – which, she argues, is not limited by the text that is being interpreted (and through its mediation, by the legal system). It is not simply a responsibility to read well; it implies a responsibility for the effects of the interpretation in a particular situation and with regard to those whose case is being decided. Ultimately, it is a responsibility to do justice. It is these two aspects of responsibility that are conceptualised here as the two key dimensions of the ethics of legal interpretation: the textual and the situational. Drawing on the work of Wittgenstein, Gadamer, Derrida and Levinas, Justice and the Ethics of Legal Interpretation offers a fresh approach to long-standing questions about language and meaning in law. It will be of enormous value to those with interests in jurisprudence and legal theory.

Despairing Justice And The Ethics Of Legal Interpretation

Author : Susanna Lindroos-Hovinheimo
ISBN : 9529289448
Genre : Law
File Size : 41. 8 MB
Format : PDF
Download : 772
Read : 1203

Download Now



Just Interpretations

Author : Michel Rosenfeld
ISBN : 0520210972
Genre : Law
File Size : 44. 58 MB
Format : PDF, ePub
Download : 186
Read : 843

Download Now


"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep

Interpretation In International Law

Author : Andrea Bianchi
ISBN : 9780191038709
Genre : Law
File Size : 60. 85 MB
Format : PDF, ePub
Download : 122
Read : 813

Download Now


International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

Justice And Interpretation

Author : Georgia Warnke
ISBN : 026273110X
Genre : Philosophy
File Size : 30. 76 MB
Format : PDF, Mobi
Download : 536
Read : 509

Download Now


In this book, she traces the myriad ways in which interpretive perspectives have come to prominence in modem political philosophy. Georgia Warnke began her career by studying the work of Hans-Georg Gadamer, the foremost contemporary proponent of hermeneutics, a philosophical approach that centers on interpretation as dialogue across times and cultures. In this book, she traces the myriad ways in which interpretive perspectives have come to prominence in modem political philosophy. Focusing on the work of John Rawls, Michael Walzer, Ronald Dworkin, Charles Taylor, Alasdair MacIntyre, and Jurgen Habermas, Warnke finds an increasing concern with the grounding of political norms in communal values rather than on abstract, universal principles. Warnke develops the implications of this hermeneutic turn in political philosophy, identifying and defining a range of unresolved problems and suggesting a new model of democracy that takes free and equal discussion and mutual education as its primary values.

Moral Aspects Of Legal Theory

Author : David Lyons
ISBN : 0521438357
Genre : Law
File Size : 86. 68 MB
Format : PDF, ePub
Download : 876
Read : 169

Download Now


In this volume, Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice.

Lawyers Ethics And The Pursuit Of Social Justice

Author : Susan D. Carle
ISBN : 0814716393
Genre : Law
File Size : 87. 61 MB
Format : PDF, ePub, Docs
Download : 659
Read : 1144

Download Now


Susan D. Carle centers this collection of texts on the premise that legal ethics should be far more than a set of rules on professional responsibility.

The Moral Fool

Author : Hans-Georg Moeller
ISBN : 9780231519243
Genre : Philosophy
File Size : 30. 66 MB
Format : PDF, Kindle
Download : 462
Read : 321

Download Now


Justice, equality, and righteousness these are some of our greatest moral convictions. Yet in times of social conflict, morals can become rigid, making religious war, ethnic cleansing, and political purges possible. Morality, therefore, can be viewed as pathology-a rhetorical, psychological, and social tool that is used and abused as a weapon. An expert on Eastern philosophies and social systems theory, Hans-Georg Moeller questions the perceived goodness of morality and those who claim morality is inherently positive. Critiquing the ethical "fanaticism" of Western moralists, such as Immanuel Kant, Lawrence Kohlberg, John Rawls, and the utilitarians, Moeller points to the absurd fundamentalisms and impracticable prescriptions arising from definitions of good. Instead he advances a theory of "moral foolishness," or moral asceticism, extracted from the "amoral" philosophers of East Asia and such thinkers as Ludwig Wittgenstein and Niklas Luhmann. The moral fool doesn't understand why ethics are necessarily good, and he isn't convinced that the moral perspective is always positive. In this way he is like most people, and Moeller defends this foolishness against ethical pathologies that support the death penalty, just wars, and even Jerry Springer's crude moral theater. Comparing and contrasting the religious philosophies of Christianity, Daoism, and Zen Buddhism, Moeller presents a persuasive argument in favor of amorality.

Library Of Congress Subject Headings

Author : Library of Congress
ISBN : PSU:000017270915
Genre : Subject headings, Library of Congress
File Size : 30. 29 MB
Format : PDF, ePub, Mobi
Download : 716
Read : 940

Download Now



Justice Law And Argument

Author : Ch. Perelman
ISBN : 9789400990104
Genre : Philosophy
File Size : 62. 55 MB
Format : PDF, ePub, Mobi
Download : 716
Read : 843

Download Now


This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument (Routledge & Kegan Paul, London, 1963). The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P.

Top Download:

Best Books