Philosophical Problems in the Law

Philosophical Problems in the Law
Title Philosophical Problems in the Law PDF eBook
Author David M. Adams
Publisher Wadsworth Publishing Company
Pages 638
Release 1992
Genre Law
ISBN

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This book should be of interest to designed for introductory level philosophy of law or jurisprudence courses.

Philosophy of Law

Philosophy of Law
Title Philosophy of Law PDF eBook
Author Mark Tebbit
Publisher Psychology Press
Pages 262
Release 2005
Genre Law
ISBN 0415334411

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"Simultaneously published in the USA and Canada."

Laws, Mind, and Free Will

Laws, Mind, and Free Will
Title Laws, Mind, and Free Will PDF eBook
Author Steven Horst
Publisher MIT Press
Pages 292
Release 2011-03-11
Genre Philosophy
ISBN 0262294796

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An account of scientific laws that vindicates the status of psychological laws and shows natural laws to be compatible with free will. In Laws, Mind, and Free Will, Steven Horst addresses the apparent dissonance between the picture of the natural world that arises from the sciences and our understanding of ourselves as agents who think and act. If the mind and the world are entirely governed by natural laws, there seems to be no room left for free will to operate. Moreover, although the laws of physical science are clear and verifiable, the sciences of the mind seem to yield only rough generalizations rather than universal laws of nature. Horst argues that these two familiar problems in philosophy—the apparent tension between free will and natural law and the absence of "strict" laws in the sciences of the mind—are artifacts of a particular philosophical thesis about the nature of laws: that laws make claims about how objects actually behave. Horst argues against this Empiricist orthodoxy and proposes an alternative account of laws—an account rooted in a cognitivist approach to philosophy of science. Horst argues that once we abandon the Empiricist misunderstandings of the nature of laws there is no contrast between "strict" laws and generalizations about the mind ("ceteris paribus" laws, laws hedged by the caveat "other things being equal"), and that a commitment to laws is compatible with a commitment to the existence of free will. Horst's alternative account, which he calls "cognitive Pluralism," vindicates the truth of psychological laws and resolves the tension between human freedom and the sciences.

The New Philosophy of Criminal Law

The New Philosophy of Criminal Law
Title The New Philosophy of Criminal Law PDF eBook
Author Chad Flanders
Publisher Rowman & Littlefield
Pages 284
Release 2015-12-16
Genre Philosophy
ISBN 1783484152

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There is no more vivid example of a state’s power over its citizens than the criminal law. By criminalizing various behaviours, the state sets boundaries on what we can and cannot do. And the criminal law is in many ways unique in the harshness of its sanctions. But traditional criminal law theory has for too long focussed on the questions, “what is a crime?” and “what is the justification of punishment?” The significance of the criminal law extends beyond these questions; indeed, critical philosophical questions underlie all aspects of the criminal justice system. The criminal law engages us not just as offenders or potential offenders, but also as victims, suspects, judges and jurors, prosecutors and defenders—and as citizens. The authors in this volume go beyond traditional questions to challenge our conventional understandings of the criminal law. In doing so, they draw from a number of disciplines including philosophy, history, and social science.

Artistic License

Artistic License
Title Artistic License PDF eBook
Author Darren Hudson Hick
Publisher University of Chicago Press
Pages 240
Release 2017-04-26
Genre Law
ISBN 022646038X

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The art scene today is one of appropriation—of remixing, reusing, and recombining the works of other artists. From the musical mash-ups of Girl Talk to the pop-culture borrowings of Damien Hirst and Jeff Koons, it’s clear that the artistic landscape is shifting—which leads to some tricky legal and philosophical questions. In this up-to-date, thorough, and accessible analysis of the right to copyright, Darren Hudson Hick works to reconcile the growing practice of artistic appropriation with innovative views of artists’ rights, both legal and moral. Engaging with long-standing debates about the nature of originality, authorship, and artists’ rights, Hick examines the philosophical challenges presented by the role of intellectual property in the artworld and vice versa. Using real-life examples of artists who have incorporated copyrighted works into their art, he explores issues of artistic creation and the nature of infringement as they are informed by analytical aesthetics and legal and critical theory. Ultimately, Artistic License provides a critical and systematic analysis of the key philosophical issues that underlie copyright policy, rethinking the relationship between artist, artwork, and the law.

Philosophical Problems

Philosophical Problems
Title Philosophical Problems PDF eBook
Author Peter Alward
Publisher Broadview Press
Pages 347
Release 2017-11-02
Genre Philosophy
ISBN 1554812852

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Peter Alward’s rigorous introductory text functions as a roadmap for students, laying out the key issues, positions, and arguments of academic philosophy. The book covers central topics in metaphysics, epistemology, ethics, and political philosophy. An introductory chapter presents the foundations of philosophical discourse and offers a primer on the basics of logic. Those argumentative tools are then employed to address classic philosophical issues such as the relationship between body and mind, skepticism, the possibility of free will, and the existence of God. Later chapters engage issues of morality, justice, and liberty, as well as moral questions concerning abortion and the practice of punishment. Throughout, Alward aims for clarity, providing summaries, diagrams, and reflective questions to assist the student reader.

Philosophical Foundations of Language in the Law

Philosophical Foundations of Language in the Law
Title Philosophical Foundations of Language in the Law PDF eBook
Author Andrei Marmor
Publisher OUP Oxford
Pages 448
Release 2013-01-31
Genre Law
ISBN 0191654752

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This collection brings together the best contemporary philosophical work in the area of intersection between philosophy of language and the law. Some of the contributors are philosophers of language who are interested in applying advances in philosophy of language to legal issues, and some of the participants are philosophers of law who are interested in applying insights and theories from philosophy of language to their work on the nature of law and legal interpretation. By making this body of recent work available in a single volume, readers will gain both a general overview of the various interactions between language and law, and also detailed analyses of particular areas in which this interaction is manifest. The contributions to this volume are grouped under three main general areas: The first area concerns a critical assessment, in light of recent advances in philosophy of language, of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, such as the various ways in which semantic content can differ from law's assertive content; the contribution of presuppositions and pragmatic implicatures in understanding what the law conveys; the role of vagueness in legal language, for example. The third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems, such as the legal definitions of inchoate crimes, the legal definition of torture, or the contractual doctrines concerning default rules. Together, these three key issues cover a wide range of philosophical interests in law that can be elucidated by a better understanding of language and linguistic communication.