Naturalizing Jurisprudence PDF Download

Author: Brian Leiter
Publisher: Oxford University Press, USA
ISBN: 9780199206490
Category : Law
Languages : en
Pages : 0

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Book Description
Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revisedversions of ten of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect the Realist program to themethodology debate in contemporary jurisprudence; and explore the general implications of a naturalistic world view for problems about the objectivity of law and morality. Leiter has supplied a lengthy new introductory essay, as well as postscripts to several of the essays, in which he responds tochallenges to his interpretive and philosophical claims by academic lawyers and philosophers.This volume will be essential reading for anyone interested in jurisprudence, as well as for philosophers concerned with the consequences of naturalism in moral and legal philosophy.

Author: Brian Leiter
Publisher:
ISBN: 9780199299010
Category : Law
Languages : en
Pages : 0

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Book Description
Gathering together Brian Leiter's most influential essays on the subject of American legal realism, this book provides an overview of his redefinition of legal realism and its relationship with other models of legal and philosophical thought, from naturalism in philosophy to critical legal studies.

Author: Brian Leiter
Publisher: Oxford University Press
ISBN: 0192571796
Category : Philosophy
Languages : en
Pages : 224

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Brian Leiter defends a set of radical ideas from Nietzsche: there is no objectively true morality, there is no free will, no one is ever morally responsible, and our conscious thoughts and reasoning play almost no significant role in our actions and how our lives unfold. He presents a new interpretation of main themes of Nietzsche's moral psychology, including his anti-realism about value (including epistemic value), his account of moral judgment and its relationship to the emotions, his conception of the will and agency, his scepticism about free will and moral responsibility, his epiphenomenalism about certain kinds of conscious mental states, and his views about the heritability of psychological traits. In combining exegesis with argument, Leiter engages the views of philosophers like Harry Frankfurt, T. M. Scanlon, and Gary Watson, and psychologists including Daniel Wegner, Benjamin Libet, and Stanley Milgram. Nietzsche emerges not simply as a museum piece from the history of ideas, but as a philosopher and psychologist who exceeds David Hume for insight into human nature and the human mind, repeatedly anticipates later developments in empirical psychology, and continues to offer sophisticated and unsettling challenges to much conventional wisdom in both philosophy and psychology.

Author: Brian Leiter
Publisher: Princeton University Press
ISBN: 140085234X
Category : Law
Languages : en
Pages : 215

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Why it's wrong to single out religious liberty for special legal protections This provocative book addresses one of the most enduring puzzles in political philosophy and constitutional theory—why is religion singled out for preferential treatment in both law and public discourse? Why are religious obligations that conflict with the law accorded special toleration while other obligations of conscience are not? In Why Tolerate Religion?, Brian Leiter shows why our reasons for tolerating religion are not specific to religion but apply to all claims of conscience, and why a government committed to liberty of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare.

Author: Thomas Nagel
Publisher: Oxford University Press
ISBN: 0199919755
Category : Philosophy
Languages : en
Pages : 141

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Book Description
The modern materialist approach to life has conspicuously failed to explain such central mind-related features of our world as consciousness, intentionality, meaning, and value. This failure to account for something so integral to nature as mind, argues philosopher Thomas Nagel, is a major problem, threatening to unravel the entire naturalistic world picture, extending to biology, evolutionary theory, and cosmology. Since minds are features of biological systems that have developed through evolution, the standard materialist version of evolutionary biology is fundamentally incomplete. And the cosmological history that led to the origin of life and the coming into existence of the conditions for evolution cannot be a merely materialist history, either. An adequate conception of nature would have to explain the appearance in the universe of materially irreducible conscious minds, as such. Nagel's skepticism is not based on religious belief or on a belief in any definite alternative. In Mind and Cosmos, he does suggest that if the materialist account is wrong, then principles of a different kind may also be at work in the history of nature, principles of the growth of order that are in their logical form teleological rather than mechanistic. In spite of the great achievements of the physical sciences, reductive materialism is a world view ripe for displacement. Nagel shows that to recognize its limits is the first step in looking for alternatives, or at least in being open to their possibility.

Author: Leslie Green
Publisher: Oxford University Press, USA
ISBN: 0199679835
Category : Law
Languages : en
Pages : 317

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Book Description
Oxford Studies in the Philosophy of Law is an annual forum for new philosophical work on law. The essays range widely over general jurisprudence (the nature of law, adjudication, and legal reasoning), philosophical foundations of specific areas of law (from criminal to international law), and other philosophical topics relating to legal theory.

Author: Justin Desautels-Stein
Publisher: Cambridge University Press
ISBN: 1108601464
Category : Political Science
Languages : en
Pages : 319

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Book Description
In the contemporary domain of American legal thought there is a dominant way in which lawyers and judges craft their argumentative practice. More colloquially, this is a dominant conception of what it means to 'think like a lawyer'. Despite the widespread popularity of this conception, it is rarely described in detail or given a name. Justin Desautels-Stein tells the story of how and why this happened, and why it matters. Drawing upon and updating the work of Harvard Law School's first generation of critical legal studies, Desautels-Stein develops what he calls a jurisprudence of style. In doing so, he uncovers the intellectual alliance, first emerging at the end of the nineteenth century and maturing in the last third of the twentieth century, between American pragmatism and liberal legal thought. Applying the tools of legal structuralism and phenomenology to real-world cases in areas of contemporary legal debate, this book develops a practice-oriented understanding of legal thought.

Author: S Zinaich Jr.
Publisher: Rowman & Littlefield
ISBN: 1498598803
Category : Philosophy
Languages : en
Pages : 207

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Book Description
In legal jurisprudence, the phenomenon of “hard cases” presents itself as a dilemma between the legal positivists and the natural law realists. Of the former, without the metaphysical underpinnings of an objective legal or moral standard, the legal positivists cannot supply convincing arguments to supplant the sovereign as the origin and authority of law. The natural law realists face the problem of justifying the natural law. Against both views, S. Zinaich Jr. defends a middle position, Analytical Legal Naturalism (ALN). It represents an analytic norm, both necessarily true and known a posteriori. Against the legal positivists, it supplies an objective legal standard by removing--at least for hard cases--the necessity of the will of a sovereign authority. Against the natural law realists, ALN provides a nonmoral standard which, because of its analyticity and necessity, avoids the need for metaethical speculation. Finally, ALN provides a standard that not only supplies the universalizable punch to avoid political subjectivism, but does so in a conventional manner. Thus, ALN does not require a moral or modal reality as truth-making characteristics. Rather, it makes what is legally valuable or disvaluable dependent upon empirically verifiable facts that are legally relevant.

Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 0191018724
Category : Law
Languages : en
Pages : 404

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Book Description
This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.

Author: Joseph R. Slaughter
Publisher: Fordham Univ Press
ISBN: 0823228193
Category : Literary Criticism
Languages : en
Pages : 436

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Book Description
In this timely study of the historical, ideological, and formal interdependencies of the novel and human rights, Joseph Slaughter demonstrates that the twentieth-century rise of “world literature” and international human rights law are related phenomena. Slaughter argues that international law shares with the modern novel a particular conception of the human individual. The Bildungsroman, the novel of coming of age, fills out this image, offering a conceptual vocabulary, a humanist social vision, and a narrative grammar for what the Universal Declaration of Human Rights and early literary theorists both call “the free and full development of the human personality.” Revising our received understanding of the relationship between law and literature, Slaughter suggests that this narrative form has acted as a cultural surrogate for the weak executive authority of international law, naturalizing the assumptions and conditions that make human rights appear commonsensical. As a kind of novelistic correlative to human rights law, the Bildungsroman has thus been doing some of the sociocultural work of enforcement that the law cannot do for itself. This analysis of the cultural work of law and of the social work of literature challenges traditional Eurocentric histories of both international law and the dissemination of the novel. Taking his point of departure in Goethe’s Wilhelm Meister, Slaughter focuses on recent postcolonial versions of the coming-of-age story to show how the promise of human rights becomes legible in narrative and how the novel and the law are complicit in contemporary projects of globalization: in colonialism, neoimperalism, humanitarianism, and the spread of multinational consumer capitalism. Slaughter raises important practical and ethical questions that we must confront in advocating for human rights and reading world literature—imperatives that, today more than ever, are intertwined.