Directives and Norms

Author: Alf Ross

Publisher: Lawbook Exchange Limited

ISBN: 9781584779612

Category: Law

Page: 188

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Ross, Alf Loar, Brian, Editor.Directives and Norms. New York: Humanities Press, [1967]. ix, 188 pp. Reprint available April 2009 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-961-2. ISBN-10: 1-58477-961-6. Cloth with dust jacket. $65.00 * Reprint of the first American edition. One of the most interesting jurists of the post-World War II era, Ross [1899-1979] was a legal and moral philosopher, scholar of international law and the leading representative of Scandinavian Legal Realism. This book and On Law and Justice (1958) are his principal works. In Directives and Norms Ross asks whether imperatives (or, to use his term, 'directives') are subject to logic in the same way as indicatives. He shows the difference between indicative and directive discourse and explains the concepts 'directive' and 'norm' as they function in the social sciences, especially in the study of law. A contemporary essay in the Modern Law Review (32:544), though critical of this work, was still impressed by its "clear and convincing account" of these processes.

Legal Directives and Practical Reasons

Author: Noam Gur

Publisher: Oxford University Press

ISBN: 0191059064

Category: Law

Page: 235

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This book investigates laws interaction with practical reasons. What difference can legal requirements - be they traffic rules, tax laws, work safety regulations, or others - make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative account of the relation between law and practical reasons. At the outset, two competing positions are pitted against each other: first, the view taken by Joseph Raz, that when the law satisfies certain conditions that endow it with legitimate authority, it acquires pre-emptive force, namely it constitutes reasons for action that exclude and take the place of some other reasons; second, an antithetical position, according to which legal requirements cannot exclude otherwise applicable reasons, but can at most provide us with reasons that operate, and compete with opposing reasons, in terms of their weight. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function, and the phenomenology associated with authority. It is found that, although each of the above positions offers insight into the relation between law and practical reasons, they both suffer from significant flaws. These observations lay the basis on which, in the final part of the book, an alternative position is put forward and defended. On this position, the existence and operation of a reasonably just and well-functioning legal system constitutes some reasons that are neither ordinary reasons for action nor pre-emptive ones, but rather reasons to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements.

On Guilt, Responsibility, and Punishment

Author: Alf Ross

Publisher: Univ of California Press

ISBN: 9780520027176

Category: Law

Page: 183

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Selected essays originally published as a book in Danish in 1970. Three had been published before then in English, but the others are new. All deal with concepts common to law and morality. "They function in the same way in legal and moral discourse: guilt determines responsibility, and responsibility punishment. But the conditions under which a person incurs guilt differ according to whether the guilt is legal or moral, as do also the manner in which the responsibility takes effect and the penal reaction itself." Cf. Preface, page v.

The Law in Philosophical Perspectives

My Philosophy of Law

Author: Luc J. Wintgens

Publisher: Springer Science & Business Media

ISBN: 9401593175

Category: Philosophy

Page: 274

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In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.


Die praktische Konkordanz von Kompetenzen

Entwickelt anhand der Jurisdiktionskonflikte im europäischen Grundrechtsschutz

Author: Matthias Klatt

Publisher: Mohr Siebeck

ISBN: 9783161530173

Category: Law

Page: 494

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English summary: Jurisdictional conflicts are ubiquitous in multi-level systems, especially in a globalized world. For the first time, Matthias Klass conceives of jurisdictional competences not as policies but as principles. Based on the main idea of a practical concordance of jurisdictions, Klass analyses the jurisdictional conflicts in European protection of fundamental rights and through a new typology of these conflicts, he is able to present a theory of formal principle which extends the initial approaches of principles theory established by Robert Alexy. With help from this new method, the author formulates an assessment model of jurisdiction which advocates for a middle-way between rigid hierarchies and appeals in judicial reserve. A flexible solution is presented, which simply provides a detailed observation and develops normative guidelines. A vigorous plea for a pluralistic constitutionalism is deployed against a skeptical pluralism. German description: Kompetenzkonflikte sind in Mehrebenensystemen allgegenwartig, zumal in einer globalisierten Welt. Erstmalig begreift Matthias Klatt Kompetenzen nicht als Regeln, sondern als Prinzipien. Anhand der Leitidee einer praktischen Konkordanz von Kompetenzen analysiert er die Jurisdiktionskonflikte im europaischen Grundrechtsschutz. Neben einer neuen Typologie dieser Konflikte wird eine Theorie formeller Prinzipien vorgelegt, die Ansatze in der von Alexy begrundeten Prinzipientheorie weiterentwickelt. Mit ihrer Hilfe formuliert der Autor ein Abwagungsmodell der Kompetenz. Dieses verteidigt einen Mittelweg zwischen starren Hierarchien und Appellen an richterliche Zuruckhaltung. Damit wird eine flexible Losung prasentiert, die anders als bloss beschreibende Beobachtungen normative Leitlinien entwickelt. Gegen einen skeptischen Pluralismus wird ein kraftvolles Pladoyer fur einen pluralistischen Konstitutionalismus entfaltet.

Kazimierz Opałek Selected Papers in Legal Philosophy

Author: Jan Wolenski

Publisher: Springer Science & Business Media

ISBN: 9401592578

Category: Philosophy

Page: 344

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Philosophical aspects of law and jurisprudence are investigated from various points of view. This collection represents the analytic approach to legal philosophy. However, this approach is not extreme in the sense that it is limited exclusively to linguistic matters. The concept of norm as a directive of conduct is the central category analyzed in particular essays. The structure of directives as well as their semantic and pragmatic roles are studied. Pragmatic functions of directives are linked with their functioning as speech acts. Moreover, existence and validity of norms are analyzed. The author also touches on general methodological problems of legal theory and philosophy, particularly their relations to social sciences. The collection covers material interesting for philosophers, lawyers and social scientists.

Reasons for Action and the Law

Author: M.C. Redondo

Publisher: Springer Science & Business Media

ISBN: 9401591415

Category: Philosophy

Page: 192

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A focus on reasons for action and practical reason is the perspective chosen by many contemporary legal philosophers for the analysis of some central questions of their discipline. This book offers a critical evaluation of that approach, by carefully examining the empirical, logical and normative problems hidden behind the concepts of `reason for action' and `practical reasoning'. Unlike most other works in this field, it is a meta-theoretical study which analyses and compares how different theories use the notion of reason in their reconstruction of problems concerning issues such as normativity, the acceptance of norms, or the justification of judicial decisions. This book is directed primarily to scholars specializing in legal theory and concerned with the contribution practical philosophy can make to it, but it also contains important arguments and insights for all those interested in the controversy between legal positivists and their critics, in the theory of human action or in reason-based practical theories in general.

Law, Institution and Legal Politics

Fundamental Problems of Legal Theory and Social Philosophy

Author: Ota Weinberger

Publisher: Springer Science & Business Media

ISBN: 9401134588

Category: Philosophy

Page: 276

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It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.

Die Kooperationsvereinbarungen der Sekretariate multilateraler Umweltschutzübereinkommen

Author: Ayse-Martina Böhringer

Publisher: Mohr Siebeck

ISBN: 9783161528613

Category: Law

Page: 373

View: 9589

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English summary: Due to numerous co-existing multilateral conventions, international environmental law is characterized by a decentralized and fragmented structure. Cooperation agreements made between the secretariats of multilateral environment protection protocols have emerged in the face of a need for greater coherence and legal certainty in very specific areas of international environmental law, as well as in order to overcome fragmentation. The key question surrounding the judicial description and classification of such agreements leads to the following key areas of research: firstly to the question of the international legal status of the secretariats of multilateral environment protection protocols; secondly to a representative survey of these secretarial agreements; thirdly to the question of the normative potential of these agreements. A functional classification of these agreements complements the study. Within this context it also points out the limitations of the process of implementing institutional laws or standards driven by an inherent dynamic as well as those of the actual power of the states, even though - or perhaps because - the agreements cannot all be definitely assigned to traditional legal categories. German description: Das Umweltvolkerrecht ist aufgrund der zahlreichen, nebeneinander existierenden multilateralen Ubereinkommen durch eine dezentrale und fragmentierte Struktur gepragt. Die Kooperationsvereinbarungen der Sekretariate multilateraler Umweltschutzubereinkommen haben sich vor dem Hintergrund eines Bedurfnisses nach mehr Koharenz und Rechtssicherheit in ganz spezifischen Bereichen des Umweltvolkerrechts und zur Uberwindung von Fragmentierung herausgebildet. Die Kernfrage nach der rechtlichen Beschreibung und Einordnung dieser Kooperationsvereinbarungen fuhrt zu folgenden wesentlichen Untersuchungsschritten: Erstens zu der Frage der volkerrechtlichen Stellung der Sekretariate multilateraler Umweltschutzubereinkommen; zweitens zu einer moglichst reprasentativen Bestandsaufnahme der mit diesen Sekretariaten getroffenen Kooperationsvereinbarungen; drittens zu der Frage des normativen Potentials dieser Kooperationsvereinbarungen. Schliesslich erfolgt eine funktionale Einordnung dieser Vereinbarungen. Dabei werden auch die Grenzen dieses eigendynamischen institutionellen Rechts(norm)setzungsprozesses und die tatsachliche Wirkmacht der Staaten aufgezeigt, auch wenn - oder gerade weil - sich die Vereinbarungen weit uberwiegend den traditionellen Rechtsnormkategorien nicht eindeutig zuordnen lassen.


Cooperation

A Philosophical Study

Author: R. Tuomela

Publisher: Springer Science & Business Media

ISBN: 9401595941

Category: Philosophy

Page: 436

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In Cooperation, A Philosophical Study, Tuomela offers the first comprehensive philosophical theory of cooperation. He builds on such notions a collective and joint goals, mutual beliefs, collective commitments, acting together and acting collectively. The book analyzes the varieties of cooperation, making use of the crucial distinction between group-mode and individual-mode cooperation. The former is based on collective goals and collective commitments, the latter on private goals and commitments. The book discusses the attitudes and the kinds of practical reasoning that cooperation requires and investigate some of the conditions under which cooperation is likely, rationally, to occur. It also shows some of the drawbacks of the standard game-theoretical treatments of cooperation and presents a survey of cooperation research in neighbouring fields. Readership: Essential reading for researchers and graduate students in philosophy. Also of interest to researchers int he social sciences and AI.


Artificial Societies

The Computer Simulation Of Social Life

Author: Nigel Gilbert University of Surrey; Rosaria Conte National Research Council of Italy.,

Publisher: Routledge

ISBN: 1135367310

Category: Social Science

Page: 316

View: 3241

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An exploration of the implications of developments in artificial intelligence for social scientific research, which builds on the theoretical and methodological insights provided by "Simulating societies".; This book is intended for worldwide library market for social science subjects such as sociology, political science, geography, archaeology/anthropology, and significant appeal within computer science, particularly artificial intelligence. Also personal reference for researchers.

Research Design in European Studies

Establishing Causality in Europeanization

Author: T. Exadaktylos,C. Radaelli

Publisher: Springer

ISBN: 1137005092

Category: Political Science

Page: 273

View: 3426

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A seminal text in European studies, which addresses issues of research design and causal analysis. The chapters draw on different methodological traditions, notions of causality, and methods and use strong research design to address substantive problems in public policy, party politics, foreign policy and legislative studies.


Rights in Context

Law and Justice in Late Modern Society

Author: Reza Banakar

Publisher: Ashgate Publishing, Ltd.

ISBN: 9781409407393

Category: Law

Page: 354

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This collection offers a snapshot of how rights are debated and employed in public discourse to reshape legal and political relations at the beginning of the twenty-first century. They explore how rights are used to challenge the state of affairs by indiv

On Law and Justice

Author: Alf Ross

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584774886

Category: Law

Page: 383

View: 4261

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Ross, Alf. On Law and Justice. Berkeley: University of California Press, 1959. xi, 383 pp. Reprint available December 2004 by the Lawbook Exchange, Ltd. ISBN 1-58477-488-6. Cloth. $90. * In this influential and oft-cited study Ross discounted the theories of natural law, positivism and legal realism. In their stead, he proposed the abandonment of "ought-propositions" for the "is-propositions" employed by other empirical sciences, thereby envisioning lawyers that serve merely as "rational technologists." Less bound by tradition, and traditional notions of justice, jurisprudence then becomes "not only a beautiful mental activity per se, but also an instrument which may benefit any lawyer who wants to understand what he is doing and why" (Preface).