The Legacy Of Ronald Dworkin

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The Legacy Of Ronald Dworkin

Author : Wil Waluchow
ISBN : 9780190466435
Genre : Law
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This book assembles leading legal, political, and moral philosophers to examine the legacy of the work of Ronald Dworkin. They provide the most comprehensive critical treatment of Dworkin's accomplishments focusing on his work in all branches of philosophy, including his theory of value, political philosophy, philosophy of international law, and legal philosophy. The book's organizing principle and theme reflect Dworkin's self-conception as a builder of a unified theory of value, and the broad outlines of his system can be found throughout the book. The first section addresses the most abstract and general aspect of Dworkin's work--the unity of value thesis. The second section explores Dworkin's contributions to political philosophy, and discusses a number of political concepts including authority, civil disobedience, the legitimacy of states and the international legal system, distributive justice, collective responsibility, and Dworkin's master value of dignity and the associated values of equal concern and respect. The third section addresses various aspects of Dworkin's general theory of law. The fourth and final section comprises accounts of the structure and defining values of discrete areas of law.
Category: Law

The Legacy Of John Austin S Jurisprudence

Author : Michael Freeman
ISBN : 9789400748293
Genre : Law
File Size : 46.96 MB
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This is the first ever collected volume on John Austin, whose role in the founding of analytical jurisprudence is unquestionable. After 150 years, time has come to assess his legacy. The book fills a void in existing literature, by letting top scholars with diverse outlooks flesh out and discuss Austin’s legacy today. A nuanced, vibrant, and richly diverse picture of both his legal and ethical theories emerges, making a case for a renewal of interest in his work. The book applies multiple perspectives, reflecting Austin’s various interests – stretching from moral theory to theory of law and state, from Roman Law to Constitutional Law – and it offers a comparative outlook on Austin and his legacy in the light of the contemporary debate and major movements within legal theory. It sheds new light on some central issues of practical reasoning: the relation between law and morals, the nature of legal systems, the function of effectiveness, the value-free character of legal theory, the connection between normative and factual inquiries in the law, the role of power, the character of obedience and the notion of duty.​
Category: Law

The Legacy Of Oliver Wendell Holmes Jr

Author : Robert Watson Gordon
ISBN : 0804719896
Genre : Law
File Size : 89.57 MB
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"On his retirement from the Supreme Court at the age of 90 in 1932, Oliver Wendell Holmes, Jr. was celebrated as few judges have ever been, beloved and revered as a national treasure. Holmes's influence, magnified into legend by the attention he has continued to receive, has helped to constitute the identity of the legal profession, the conception of the judicial function, and the role of the public intellectual in modern American culture." "The present collection of seven essays attempts to view Holmes's work apart from the restricted framework supplied by traditional jurisprudence by reassessing Holmes as an intellectual, a legal theorist, and an iconic public figure and culture hero. Each essay adds something new and distinctive to the scholarly controversies that have surrounded Holmes for over a century." "J. W. Burrow begins the volume by looking at Holmes's relations to various strands of Victorian social thought. she next three essays approach, each from a different angle, the problem of Holmes's relationship to formalism or classical orthodoxy in legal thought. Morton Horwitz provides a sweeping reassessment of the development of Holmes's legal thinking between the early period of the 1870's and 1880's and "The Path of the Law" in 1897. Mathias Reimann presents the first thorough exploration of Holmes's use - misuse, more often - of German philosophy, notably his discrediting, in The Common Law, of the legacy of Kant and Hegel. Stephen Diamond approaches Holmes's jurisprudence and his broader social and personal views by another original pathway, his legal opinions in taxation cases and his private views on taxation." "The final three essays consider Holmes as a man of letters and "representative" man of the American scene, both as he created himself and as he was created by others. Robert Ferguson shows how Holmes deliberately went about the work of fashioning the public persona of a judge. Peter Gibian shows how Holmes's construction of his public style was formed as a deliberate reaction against that of his famous father, Dr. Oliver Wendell Holmes, Sr. The final essay by David Hollinger has a dual purpose: to ask what Holmes meant by the "scientific way of looking at the world" and to discover how Holmes came to be such a hero to liberal Jewish intellectuals like Felix Frankfurter and Harold J. Laski."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Category: Law

Ronald Dworkin

Author : Stephen Guest
ISBN : 9780804784009
Genre : Law
File Size : 72.3 MB
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Ronald Dworkin is widely accepted as the most important and most controversial Anglo-American jurist of the past forty years. And this same-named volume on his work has become a minor classic in the field, offering the most complete analysis and integration of Dworkin's work to date. This third edition offers a substantial revision of earlier texts and, most importantly, incorporates discussion of Dworkin's recent masterwork Justice for Hedgehogs. Accessibly written for a wide readership, this book captures the complexity and depth of thought of Ronald Dworkin. Displaying a long-standing commitment to Dworkin's work, Stephen Guest clearly highlights the scholar's key theories to illustrate a guiding principle over the course of Dworkin's work: that there are right answers to questions of moral value. In assessing this principle, Guest also expands his analysis of contemporary critiques of Dworkin. The third edition includes an updated and complete bibliography of Dworkin's work.
Category: Law

The Legacy Of Isaiah Berlin

Author : Aileen Kelly
ISBN : UOM:39015049741872
Genre : Biography & Autobiography
File Size : 68.5 MB
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The papers given at the conference and collected in this volume concentrate on three aspects of Berlin's concept of pluralism. Aileen Kelly, Mark Lilla, and Steven Lukes trace the development and consequences of his distinction between "hedgehogs," thinkers who have a single, unified theory of human action and history, and "foxes," who believe in multiplicity and resist the impulse to subject humanity to a universal vision. Ronald Dworkin, Bernard Williams, Thomas Nagel, and Charles Taylor examine how liberalism can be sustained in the face of Berlin's insight that equally legitimate values, such as liberty and equality, may come into irreconcilable conflict. Avishai Margalit, Richard Wollheim, Michael Walzer, and Robert Silvers take up Berlin's advocacy for the State of Israel and his hopes for it as a place where the often contrary values of liberalism and nationalism might find harmonious resolution.
Category: Biography & Autobiography

Philosophy Bites Again

Author : David Edmonds
ISBN : 9780191007255
Genre : Philosophy
File Size : 28.12 MB
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Philosophy Bites Again is a brand new selection of interviews from the popular podcast of the same name. It offers engaging and thought-provoking conversations with leading philosophers on a selection of major philosophical issues that affect our lives. Their subjects include pleasure, pain, and humour; consciousness and the self; free will, responsibility, and punishment; the meaning of life and the afterlife. Everyone will find ideas in this book to fascinate, provoke, and inspire them. Philosophy Bites was set up in 2007 by David Edmonds and Nigel Warburton. It has, to date, over 20 million downloads, and is listened to all over the world.
Category: Philosophy

Posthumous Harm

Author : Raymond Angelo Belliotti
ISBN : 9780739171066
Genre : Philosophy
File Size : 83.88 MB
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After introducing the early work of philosophers such as Plato, Aristotle, Epicurus, Cicero, Machiavelli, and Kant on the matter, this book critically examines the literature over the past four decades on the topic of posthumous harm.
Category: Philosophy

The Lovers Quarrel

Author : Elvin T. Lim
ISBN : 9780199323951
Genre : Political Science
File Size : 49.23 MB
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The United States has had not one, but two Foundings. The Constitution produced by the Second Founding came to be only after a vociferous battle between Federalists and Anti-Federalists. The Federalists favored a relatively powerful central government, while the Anti-Federalists distrusted the concentration of power in one place and advocated the preservation of sovereignty in the states as crucibles of post-revolutionary republicanism -- the legacy of the First Founding. This philosophical cleavage has been at the heart of practically every major political conflict in U.S. history, and lives on today in debates between modern liberals and conservatives. In The Lovers' Quarrel, Elvin T. Lim presents a systematic and innovative analysis of this perennial struggle. The framers of the second Constitution, the Federalists, were not operating in an ideational or institutional vacuum; rather, the document they drafted and ratified was designed to remedy the perceived flaws of the Articles of Confederation and Perpetual Union. To decouple the Two Foundings is to appreciate that there is no such thing as "original meaning," only original dissent. Because the Anti-Federalists insisted that prior and democratically sanctioned understandings of federalism and union had to be negotiated and partially grafted onto the new Constitution, the Constitution's Articles and the Bill of Rights do not cohere as well together as has conventionally been thought. Rather, they represent two antithetical orientations toward power, liberty, and republicanism. The altercation over the necessity of the Second Founding generated coherent and self-contained philosophies that would become the core of American political thought, reproduced and transmitted across two centuries, whether the victors were the neo-Federalists (such as during the Civil War and the New Deal) or the neo-Anti-Federalists (such as during the Jacksonian era and the Reagan Revolution). The Second Founding -- the sole "founding" that we generally speak of -- would become a template for the unique, prototypically American species of politics and political debate. Because of it, American political development occurs only after the political entrepreneurs of each generation lock horns in a Lovers' Quarrel about the principles of one of the Two Foundings, and succeed in justifying and forging a durable expansion or contraction of federal authority.
Category: Political Science

Does Truth Matter

Author : Ronald Tinnevelt
ISBN : 9781402088490
Genre : Philosophy
File Size : 81.22 MB
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The claim once made by philosophers of unique knowledge of the essence of humanity and society has fallen into disrepute. Neither Platonic forms, divine revelation nor metaphysical truth can serve as the ground for legitimating social and political norms. On the political level many seem to agree that democracy doesn’t need foundations. Nor are its citizens expected to discuss the worth of their comprehensive conceptions of the good life. According to Rawls, for example, we have to accept that “politics in a democratic society can never be guided by what we see as the whole truth (...)”. (1993: 243) And yet we still call upon truth when we participate in defining the basic structure our society and argue why our opinions, beliefs and preferences need to be taken seriously. We do not think that our views need to be taken into account by others because they are our views, but because we think they are true. If in a democratic society citizens have to deal with the challenge of affirming their claims as true, we need to analyse the precise relationship between truth and democracy. Does truth matter to democracy and if so, what is the place of truth in democratic politics? How can citizens affirm the truth of their claims and accept - at the same time - that their truth is just one amongst many? Our book centers on the role of the public sphere in these pressing questions. It tries to give a comprehensive answer to these questions from the perspective of the main approaches of contemporary democratic theory: deliberative democracy, political pragmatism and liberalism. A confrontation of these approaches, will result in a more encompassing philosophical understanding of our plural democracy, which – in this era of globalization – is more complex than ever before. Because a good understanding of the function, meaning and shortcomings of the public sphere is essential to answering these questions, a good deal of the book addresses these issues. Historically, after all, the idea that citizens have to engage each other in discussion in order to determine the structure and goals of society, is connected to the rational ideal of a public sphere where conflicting views can be expressed, formed, and transformed. But hasn’t the collective decision making in which everyone participates on an equal footing turned out to be a deceptive ideal or a simple illusion? Not every individual in society has equal access to the podium. Furthermore, power, being an inevitable feature of the public sphere, seems to permanently endanger its democratic value. Moreover, the existence of this sphere depends on a specific ethos and particular public spaces where citizens are called upon to present themselves as citizens, as people taking responsibility for their society. It is not clear whether this ethos and these spaces exist at all, and if so, if they preserved their ascribed capacity for constituting ‘democratic’ truth? By answering these questions we expect to deepen our understanding of the relation between truth and democracy.
Category: Philosophy

Death And The Afterlife

Author : Samuel Scheffler
ISBN : 9780199982509
Genre : Philosophy
File Size : 71.72 MB
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"In Death and the Afterlife, philosopher Samuel Scheffler poses this thought experiment in order to show that the continued life of the human race after our deaths--the "afterlife" of the title--matters to us to an astonishing and previously neglected degree. Scheffler shows that in certain important respects, the future existence of people who are as yet unborn matters more to us than our own continued existence and the continued existence of those we love. Without the expectation that humanity has a future, many of the things that now matter to us would cease to do so. By contrast, the prospect of our own deaths does little to undermine our confidence in the value of our activities. Despite the terror we may feel when contemplating our deaths, the prospect of humanity's imminent extinction would pose a far greater threat to our ability to lead lives of wholehearted engagement. Scheffler demonstrates that, although we are not unreasonable to fear death, personal immortality, like the imminent extinction of humanity, would also undermine our confidence in the values we hold dear. His arresting conclusion is that, in order for us to lead value-laden lives, what is necessary is that we ourselves should die and that others should live."--www.Amazon.com.
Category: Philosophy

Law And Life In Common

Author : Timothy Macklem
ISBN : 9780191054686
Genre : Law
File Size : 36.56 MB
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We live in a moral world in which reasons come in different kinds as well as different weights, so that the claims of one reason upon us are often different from but no greater than the claims of some other reason. Yet law, in its self-presentation and in theoretical accounts of it, proceeds as if its rational pull was conclusive, as if there were no sensible alternative to compliance with its terms. In itself that should not be surprising: each of us often acts as if the reasons that animate us were morally determinative. Why should law operate in any other way? Yet we know that in fact reasons are usually not determinative of action, and while pretence to the contrary may not much matter in individual settings, it matters very much in the setting of the law. The ability of the law to build a life in common, of whatever kind, is dependent on its ability to function, most of the time at least, as if its claims were pre-eminent, rather than undefeated at best. If law is to succeed in its basic project of binding people to its aims, it must buttress its limited rational claims with arational appeals. It needs partners, not only in the prudential considerations that force gives rise to, but also in the beguilement that shared imaginings make possible. This book is an exploration of those partnerships, in principle and in their most important details.
Category: Law

The Cultural Matrix

Author : Orlando Patterson
ISBN : 9780674967304
Genre : Social Science
File Size : 58.28 MB
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The Cultural Matrix seeks to unravel an American paradox: the socioeconomic crisis and social isolation of disadvantaged black youth, on the one hand, and their extraordinary integration and prominence in popular culture on the other. This interdisciplinary work explains how a complex matrix of cultures influences black youth.
Category: Social Science

Hart S Postscript

Author : Jules L. Coleman
ISBN : 9780191018794
Genre : Law
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Published posthumously, the second edition of The Concept of Law contains one important addition to the first edition, a substantial Postscript, in which Hart reflects upon some of the central concerns that have been expressed about the book since its publication in 1961. The Postscript is especially noteworthy because it contains Hart's only sustained response to the objections pressed by his foremost critic, Ronald Dworkin, who succeeded him to the Chair of Jurisprudence at Oxford. The Postscript focuses on a range of issues covering both Hart's substantive view and his methodological commitments. In particular, Hart endorses Inclusive Legal Positivism, asserts that his is a methodology of descriptive jurisprudence which he contrasts with Dworkin's normative jurisprudence or interpretivism, while denying that his theory of law has a semantic underpinning. The essays in this collection address each of these issues in a sustained way. The book contains discussions of Hart's semantic commitments, his rejection of a normative jurisprudence as well as the extent to which he can embrace Inclusive Legal Positivism in a way that is consistent with his other stated positions. The book's contributors include the leading advocates of alternative schools of Positivist jurisprudence, important contributors to the methodogical disputes in jurisprudence and noted experts on the relationship of philosophy of language to jurisprudence. Among the contributors of note are: Joseph Raz, Jules L. Coleman, Stephen Perry , Brian Leiter, Scott Shapiro and Andrei Marmor.
Category: Law

Law And Religion

Author : Stephen M. Feldman
ISBN : 081472678X
Genre : Law
File Size : 37.48 MB
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Following landmark trade agreements between Japan and the United States in the 1850s, Tokyo began importing a unique American commodity: Western social activism. As Japan sought to secure its future as a commercial power and American women pursued avenues of political expression, Protestant church-women and, later, members of the Women's Christian Temperance Union (WCTU) traveled to the Asian coast to promote Christian teachings and women's social activism. Rumi Yasutake reveals in Transnational Women's Activism that the resulting American, Japanese, and first generation Japanese-American women's movements came to affect more than alcohol or even religion. While the WCTU employed the language of evangelism and Victorian family values, its members were tactfully expedient in accommodating their traditional causes to suffrage and other feminist goals, in addition to the various political currents flowing through Japan and the United States at the turn of the nineteenth century. Exploring such issues as gender struggles in the American Protestant church and bourgeois Japanese women's attitudes towards the "pleasure class" of geishas and prostitutes, Yasutake illuminates the motivations and experiences of American missionaries, U.S. WCTU workers, and their Japanese protégés. The diverse machinations of WCTU activism offer a compelling lesson in the complexities of cultural imperialism.
Category: Law

The Human Person And A Culture Of Freedom

Author : Peter A. Pagan Aguiar
ISBN : 0966922670
Genre : Philosophy
File Size : 73.86 MB
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"Collection of essays on the metaphysical underpinnings of intellectual and individual freedom within a civic-political order or cultural milieu"--Provided by publisher.
Category: Philosophy

Nihilism Emancipation

Author : Gianni Vattimo
ISBN : 023113083X
Genre : Philosophy
File Size : 32.75 MB
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A daring marriage of philosophy and practical politics, Gianni Vattimo takes on some of the most pressing questions of our time: Is it still possible to talk of moral imperatives, individual rights, or political freedom? Are these values still relevant in today's world? Vattimo argues that nihilism is not the absence of meaning but the recognition of a plurality of meanings; it is not the end of civilization but the beginning of new social paradigms. Nihilism is an ethical doctrine in which there are no moral absolutes or infallible natural laws. "Truth" is inescapably subjective, and, because the conditions for equality and liberty are not "naturally" given, society must create these ideals or it will inevitably fall prey to irrationality, prejudice, and oppression. Featuring fourteen of Vattimo's most influential essays on ethics, politics, and law, this collection is a provocative reevaluation of meaning, values, and the idea of freedom in Western culture.
Category: Philosophy

The Ethics Of Capital Punishment

Author : Matthew H. Kramer
ISBN : 9780191018497
Genre : Law
File Size : 47.26 MB
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Debate has long been waged over the morality of capital punishment, with standard arguments in its favour being marshalled against familiar arguments that oppose the practice. In The Ethics of Capital Punishment, Matthew Kramer takes a fresh look at the philosophical arguments on which the legitimacy of the death penalty stands or falls, and he develops a novel justification of that penalty for a limited range of cases. The book pursues both a project of critical debunking of the familiar rationales for capital punishment and a project of partial vindication. The critical part presents some accessible and engaging critiques of major arguments that have been offered in support of the death penalty. These chapters, suitable for use in teaching courses on capital punishment, valuably take issue with positions at the heart of contemporary debates over the morality of such punishment. The book then presents an original justification for executing truly terrible criminals, a justification that is free-standing rather than an aspect or offshoot of a general theory of punishment. Its purgative rationale, which has not heretofore been propounded in any current philosophical and practical debates over the death penalty, derives from a philosophical reconception of the nature of evil and the nature of defilement. As the book contributes to philosophical discussions of those phenomena, it also contributes importantly to general normative ethics with sustained reflections on the differences between consequentialist approaches to punishment and deontological approaches. Above all, the volume contributes to the philosophy of criminal law with a fresh rationale for the use of the death penalty and with probing assessments of all the major theories of punishment that have been broached by jurists and philosophers for centuries. Although the book is a work of philosophy by a professional philosopher, it is readily accessible to readers who have not studied philosophy. It will stir both philosophers and anyone engaged with the death penalty to reconsider whether the institution of capital punishment can be an appropriate response to extreme evil.
Category: Law

Law Justice And The State The Nation The State And Democracy

Author : International Association for Philosophy of Law and Social Philosophy. World Congress
ISBN : 3515066780
Genre : Human rights
File Size : 28.88 MB
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"Proceedings of the 16th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR), Reykjavík, 26 May-2 June, 1993."--T.p.
Category: Human rights

Frederick Douglass And The Fourth Of July

Author : James A. Colaiaco
ISBN : 9781466892781
Genre : History
File Size : 30.9 MB
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On July 5th, 1852, Frederick Douglass, one of the greatest orators of all time, delivered what was arguably the century's most powerful abolition speech. At a time of year where American freedom is celebrated across the nation, Douglass eloquently summoned the country to resolve the contradiction between slavery and the founding principles of our country. In this book, James A. Colaiaco vividly recreates the turbulent historical context of Douglass' speech and delivers a colorful portrait of the country in the turbulent years leading to the civil war. This book provides a fascinating new perspective on a critical time in American history.
Category: History

Majorities And Minorities

Author : John W. Chapman
ISBN : 9780814772133
Genre : Political Science
File Size : 85.56 MB
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In this thirty-second annual volume in the American Society for Political and Legal Philosophy's NOMOS series, entitled Majorities and Minorities, thirteen distinguished contributors consider a diverse selection of topics. Included are essays on legitimacy of the majority, the utilitarian view of majoritarianism, majorities and elections, pluralism and equality, democratic theory, and American democracy and majority rules. Of Interest to political scientists, philosophers, and legal scholars, this collection brings together a variety of viewpoints. Each author is a leading voice within his or her specialized field.
Category: Political Science