Philosophical Problems in the Law

Author: David M. Adams
Publisher: Wadsworth Publishing Company
ISBN: 9780534584283
Format: PDF, Docs
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PHILOSOPHICAL PROBLEMS IN THE LAW is the perfect introduction to the philosophy of law! This collection of articles and cases helps you consider philosophical problems associated with the law through examples, case studies, and decision scenarios. Case examples and recent decisions such as Pledge of allegiance case, Freedom of expression on the Internet, Supreme Court rulings on affirmative action, "Three-Strikes laws," and the death penalty help you see the real world relevance of what you are learning.

Philosophical Problems in the Law

Author: David M. Adams
Publisher: Wadsworth Publishing Company
ISBN: 9780534256326
Format: PDF, Kindle
Download Now
PHILOSOPHICAL PROBLEMS IN THE LAW is the perfect introduction to the philosophy of law! This collection of articles and cases helps you consider philosophical problems associated with the law through examples, case studies, and decision scenarios. Case examples and recent decisions such as Pledge of allegiance case, Freedom of expression on the Internet, Supreme Court rulings on affirmative action, "Three-Strikes laws," and the death penalty help you see the real world relevance of what you are learning.

Philosophical problems in the law

Author: David M. Adams
Publisher: Wadsworth Publishing Company
ISBN:
Format: PDF, Mobi
Download Now
This collection of topically organized articles and cases provides an accessible yet thorough introduction to the philosophy of law. Without presupposing a student's previous knowledge of philosophy or law, PHILOSOPHICAL PROBLEMS IN THE LAW encourages philosophy majors and other students interested in law to consider philosophical problems associated with the law, as situated within concrete, timely, and controversial contexts.

Philosophy Law and the Family

Author: Laurence Houlgate
Publisher: Springer
ISBN: 3319511211
Format: PDF, Docs
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This textbook uses cases in family law to illustrate both traditional philosophical problems in the law as well as problems that are unique to family law. In the beginning chapters family law cases are employed to introduce the reader to philosophical debates about the relationship between law and morals, about how one ought to interpret the U.S. Constitution and its amendments, about the conditions under which individual liberty is justifiably limited by law, about the justification of punishment, and about the justification of remedies and standards of care in determining negligence in tort cases. Later chapters are devoted to contemporary issues unique to family law, including justifiable limits of access to marriage, alternatives to marriage, the rights of children, child custody disputes involving surrogate births, quasi-property disputes involving custody of frozen embryos, and the justifiable limits of the right not to procreate. The book reflects current movements, contemporary debates, and recent research on the philosophical problems in family law.

Artistic License

Author: Darren Hudson Hick
Publisher: University of Chicago Press
ISBN: 022646038X
Format: PDF, Mobi
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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.

Philosophy of Law

Author: Mark Tebbit
Publisher: Taylor & Francis
ISBN: 1315281007
Format: PDF, ePub, Docs
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Philosophy of Law: An Introduction provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, Mark Tebbit quickly leads readers into the heart of the philosophical questions that dominate philosophy of law today. He provides an exceptionally wide-ranging overview of the contending theories that have sought to resolve these problems. He does so without assuming prior knowledge either of philosophy or law on the part of the reader. The book is structured in three parts around the key issues and themes in philosophy of law: What is the law? – the major legal theories addressing the question of what we mean by law, including natural law, legal positivism and legal realism. The reach of the law – the various legal theories on the nature and extent of the law’s authority, with regard to obligation and civil disobedience, rights, liberty and privacy. Criminal law – responsibility and mens rea, intention, recklessness and murder, legal defences, insanity and philosophies of punishment. This new third edition has been thoroughly updated to include assessments of important developments in philosophy and law in the early years of the twenty-first century. Revisions include a more detailed analysis of natural law, new chapters on common law and the development of positivism, a reassessment of the Austin–Hart dispute in the light of recent criticism of Hart, a new chapter on the natural law–positivist controversy over Nazi law and legality, and new chapters on criminal law, extending the analysis of the dispute over the viability of the defences of necessity and duress.

Law and Truth

Author: Dennis Patterson
Publisher: Oxford University Press on Demand
ISBN: 9780195132472
Format: PDF, ePub
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Taking up a single question - 'What does it mean to say that a proposition of law is true?' - this book advances a major new account of truth in law. Drawing upon the later philosophy of Wittgenstein, as well as more recent postmodern theory of the relationship between language, meaning, and the world, Patterson examines leading contemporary jurisprudential approaches to this question and finds them flawed in similar and previously unnoticed ways. Despite surface differences, the most widely discussed accounts of legal meaning - from moral realism to interpretivism - each commit themselves, Patterson argues, to a defective notion of reference in accounting for the truth of legal propositions. Tracing this common truth-conditional perspective - wherein propositions of law are true in virtue of some condition, be it a moral essence, a social fact, or communal agreement - to its source in modernism, Patterson develops an alternative (postmodern) account of legal justification, one in which linguistic practice - the use of forms of legal argument - holds the key to legal meaning.

Readings in the Philosophy of Law

Author: John Arthur
Publisher: Pearson College Division
ISBN:
Format: PDF
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This anthology of classical and contemporary philosophical and legal essays and legal cases focuses on legal philosophy as its own subject--rather than as an outgrowth of social or political philosophy or applied ethics. The essays focus on how law is organized and the particular philosophical issues that law raises-- and gives readers the opportunity to think through actual debates—many of them still live in the courts. Provides short introductions and thought-provoking questions for each selection. The Practice of Law. The Rule of Law. The Moral Force of Law. Elements of Legal Reasoning. Natural Law and Legal Positivism: Classical Perspectives. Formalism and Legal Realism. The Contemporary Debate: Hart v. Dworkin. Law and Economics. Critical Legal Theory and Feminist Jurisprudence. Punishment: Theory and Practice. Problems of Criminal Liability. The Rights of Defendants. Compensating for Private Harms: The Law of Torts. Private Ownership: The Law of Property. Private Agreements: the Law of Contract. Constitutional Government and the Problem of Interpretation. Freedom of Religion, Speech and Privacy. Equality and the Constitution. For anyone interested in the law.

Punishment and Responsibility

Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 0191021776
Format: PDF, ePub, Mobi
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This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.

Theoretical Physics and Philosophical Problems

Author: Ludwig Boltzmann
Publisher: Springer Science & Business Media
ISBN: 9401020914
Format: PDF, Mobi
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l. The work of Ludwig Boltzmann (1844-1906) consists of two kinds of writings: in the first part of his active life he devoted himself entirely to problems of physics, while in the second part he tried to find a philosoph 1 ical background for his activities in and around the natural sciences. Most scientists are much more aware of his creative work in physics than of his digressions on the meaning and structure of science. I think in the present case the reason is not so much that most scientists are usually almost entirely occupied with their trade, because Boltzmann's philosophical work is also concerned with the (natural) sciences. I rather believe that the quality and consistency of Boltzmann's purely scientific work is of a more appealing nature than his less structured considerations on human activity in science and in life in general. 2. I think that it may be appropriate for the readers of this anthology to say a few words on the main findings of Boltzmann in physics, since in the end their 'philosophical' inlpact has been larger than the effect of his later writings. Moreover some knowledge of his scientific achievements can be helpful for the understanding and appreciation of the essays printed in this book, which almost all stem from Boltzmann's philosophical period. Boltzmann was one of the main protagonists - at least in continental Europe - of atomistics for explaining the phenomena of physics.