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Arguing about Disability: Philosophical Perspectives
by Kristjana Kristiansen, Simo Vehmas and Tom ShakespeareDisability is a thorny and muddled concept - especially in the field of disability studies - and social accounts contest with more traditional biologically based approaches in highly politicized debates. Sustained theoretical scrutiny has sometimes been lost amongst the controversy and philosophical issues have often been overlooked in favour of the sociological. Arguing about Disability fills that gap by offering analysis and debate concerning the moral nature of institutions, policy and practice, and their significance for disabled people and society. This pioneering collection is divided into three sections covering definitions and theories of disability; disabled people in society and applied ethics. Each contributor – drawn from a wide range of academic backgrounds including disability studies, sociology, psychology, education, philosophy, law and health science – uses a philosophical framework to explore a central issue in disability studies. The issues discussed include personhood, disability as a phenomenon, social justice, discrimination and inclusion. Providing an overview of the intersection of disability studies and philosophical ethics, Arguing about Disability is a truly interdisciplinary undertaking. It will be invaluable for all academics and students with an interest in disability studies or applied ethics, as well as disability activists.
Arguing About Law (PDF)
by Aileen Kavanagh John OberdiekArguing about Law introduces philosophy of law in an accessible and engaging way. The reader covers a wide range of topics, from general jurisprudence, law, the state and the individual, to topics in normative legal theory, as well as the theoretical foundations of public and private law. In addition to including many classics, Arguing About Law also includes both non-traditional selections and discussion of timely topical issues like the legal dimension of the war on terror. The editors provide lucid introductions to each section in which they give an overview of the debate and outline the arguments of the papers, helping the student get to grips with both the classic and core arguments and emerging debates in: the nature of law legality and morality the rule of law the duty to obey the law legal enforcement of sexual morality the nature of rights rights in an age of terror constitutional theory tort theory. Arguing About Law is an inventive and stimulating reader for students new to philosophy of law, legal theory and jurisprudence.
Arguing About Metaethics (Arguing About Philosophy Ser.)
by Simon Kirchin Andrew FisherArguing about Metaethics collects together some of the most exciting contemporary work in metaethics in one handy volume. In it, many of the most influential philosophers in the field discuss key questions in metaethics: Do moral properties exist? If they do, how do they fit into the world as science conceives it? If they don’t exist, then how should we understand moral thought and language? What is the relation between moral judgement and motivation? As well as these questions, this volume discusses a wide range of issues including moral objectivity, truth and moral judgements, moral psychology, thick evaluative concepts and moral relativism. The editors provide lucid introductions to each of the eleven themed sections in which they show how the debate lies and outline the arguments of the papers. Arguing about Metaethics is an ideal resource text for students at upper undergraduate or postgraduate level.
Arguing About Metaethics (Arguing About Philosophy Ser.)
by Simon Kirchin Andrew FisherArguing about Metaethics collects together some of the most exciting contemporary work in metaethics in one handy volume. In it, many of the most influential philosophers in the field discuss key questions in metaethics: Do moral properties exist? If they do, how do they fit into the world as science conceives it? If they don’t exist, then how should we understand moral thought and language? What is the relation between moral judgement and motivation? As well as these questions, this volume discusses a wide range of issues including moral objectivity, truth and moral judgements, moral psychology, thick evaluative concepts and moral relativism. The editors provide lucid introductions to each of the eleven themed sections in which they show how the debate lies and outline the arguments of the papers. Arguing about Metaethics is an ideal resource text for students at upper undergraduate or postgraduate level.
Arguing Fundamental Rights (Law and Philosophy Library #77)
by Agustín J. Menéndez Erik O. EriksenThis book explores the trail-blazing Theory of Constitutional Rights of Robert Alexy. The authors combine critical analysis of the structural elements of Alexy’s theory with an assessment of its applied relevance, paying special attention to the UK Human Rights Act and the Charter of Fundamental Rights of the European Union. Alexy himself opens the book with an insightful contextualisation of his theory of fundamental rights within his general legal theory.
Arguing with Tradition: The Language of Law in Hopi Tribal Court (Chicago Series in Law and Society)
by Justin B. RichlandArguing with Tradition is the first book to explore language and interaction within a contemporary Native American legal system. Grounded in Justin Richland’s extensive field research on the Hopi Indian Nation of northeastern Arizona—on whose appellate court he now serves as Justice Pro Tempore—this innovative work explains how Hopi notions of tradition and culture shape and are shaped by the processes of Hopi jurisprudence. Like many indigenous legal institutions across North America, the Hopi Tribal Court was created in the image of Anglo-American-style law. But Richland shows that in recent years, Hopi jurists and litigants have called for their courts to develop a jurisprudence that better reflects Hopi culture and traditions. Providing unprecedented insights into the Hopi and English courtroom interactions through which this conflict plays out, Richland argues that tensions between the language of Anglo-style law and Hopi tradition both drive Hopi jurisprudence and make it unique. Ultimately, Richland’s analyses of the language of Hopi law offer a fresh approach to the cultural politics that influence indigenous legal and governmental practices worldwide.
Arguing with Tradition: The Language of Law in Hopi Tribal Court (Chicago Series in Law and Society)
by Justin B. RichlandArguing with Tradition is the first book to explore language and interaction within a contemporary Native American legal system. Grounded in Justin Richland’s extensive field research on the Hopi Indian Nation of northeastern Arizona—on whose appellate court he now serves as Justice Pro Tempore—this innovative work explains how Hopi notions of tradition and culture shape and are shaped by the processes of Hopi jurisprudence. Like many indigenous legal institutions across North America, the Hopi Tribal Court was created in the image of Anglo-American-style law. But Richland shows that in recent years, Hopi jurists and litigants have called for their courts to develop a jurisprudence that better reflects Hopi culture and traditions. Providing unprecedented insights into the Hopi and English courtroom interactions through which this conflict plays out, Richland argues that tensions between the language of Anglo-style law and Hopi tradition both drive Hopi jurisprudence and make it unique. Ultimately, Richland’s analyses of the language of Hopi law offer a fresh approach to the cultural politics that influence indigenous legal and governmental practices worldwide.
Arguing with Tradition: The Language of Law in Hopi Tribal Court (Chicago Series in Law and Society)
by Justin B. RichlandArguing with Tradition is the first book to explore language and interaction within a contemporary Native American legal system. Grounded in Justin Richland’s extensive field research on the Hopi Indian Nation of northeastern Arizona—on whose appellate court he now serves as Justice Pro Tempore—this innovative work explains how Hopi notions of tradition and culture shape and are shaped by the processes of Hopi jurisprudence. Like many indigenous legal institutions across North America, the Hopi Tribal Court was created in the image of Anglo-American-style law. But Richland shows that in recent years, Hopi jurists and litigants have called for their courts to develop a jurisprudence that better reflects Hopi culture and traditions. Providing unprecedented insights into the Hopi and English courtroom interactions through which this conflict plays out, Richland argues that tensions between the language of Anglo-style law and Hopi tradition both drive Hopi jurisprudence and make it unique. Ultimately, Richland’s analyses of the language of Hopi law offer a fresh approach to the cultural politics that influence indigenous legal and governmental practices worldwide.
The Argument and the Action of Plato's Laws
by Leo StraussThe posthumous publication of The Argument and the Action of Plato's "Laws" was compiled shortly before the death of Leo Strauss in 1973. Strauss offers an insightful and instructive reading through careful probing of Plato's classic text. "Strauss's The Argument and the Action of Plato's 'Laws' reflects his interest in political thought, his dogged method of following the argument of the Laws step by step, and his vigorous defense of this dialogue's integrity in respect to the ideals of the Republic."—Cross Currents "The unique characteristics of this commentary on the Laws reflect the care and precision which were the marks of Professor Strauss's efforts to understand the complex thoughts of other men."—Allan D. Nelson, Canadian Journal of Political Science "Thorough and provocative, an important addition to Plato scholarship."—Library Journal "The major purpose of the commentary is to provide a reading of the dialogue which displays its structural arrangement and the continuity of the argument."—J. W. Dy, Bibliographical Bulletin of Philosophy "The reader of Strauss's book is indeed guided closely through the whole text."— M. J. Silverthorne, The Humanities Association Review Leo Strauss (1899-1973) was the Robert Maynard Hutchins Distinguished Service Professor Emeritus of political science at the University of Chicago.
The Argument and the Action of Plato's Laws
by Leo StraussThe posthumous publication of The Argument and the Action of Plato's "Laws" was compiled shortly before the death of Leo Strauss in 1973. Strauss offers an insightful and instructive reading through careful probing of Plato's classic text. "Strauss's The Argument and the Action of Plato's 'Laws' reflects his interest in political thought, his dogged method of following the argument of the Laws step by step, and his vigorous defense of this dialogue's integrity in respect to the ideals of the Republic."—Cross Currents "The unique characteristics of this commentary on the Laws reflect the care and precision which were the marks of Professor Strauss's efforts to understand the complex thoughts of other men."—Allan D. Nelson, Canadian Journal of Political Science "Thorough and provocative, an important addition to Plato scholarship."—Library Journal "The major purpose of the commentary is to provide a reading of the dialogue which displays its structural arrangement and the continuity of the argument."—J. W. Dy, Bibliographical Bulletin of Philosophy "The reader of Strauss's book is indeed guided closely through the whole text."— M. J. Silverthorne, The Humanities Association Review Leo Strauss (1899-1973) was the Robert Maynard Hutchins Distinguished Service Professor Emeritus of political science at the University of Chicago.
The Argument and the Action of Plato's Laws
by Leo StraussThe posthumous publication of The Argument and the Action of Plato's "Laws" was compiled shortly before the death of Leo Strauss in 1973. Strauss offers an insightful and instructive reading through careful probing of Plato's classic text. "Strauss's The Argument and the Action of Plato's 'Laws' reflects his interest in political thought, his dogged method of following the argument of the Laws step by step, and his vigorous defense of this dialogue's integrity in respect to the ideals of the Republic."—Cross Currents "The unique characteristics of this commentary on the Laws reflect the care and precision which were the marks of Professor Strauss's efforts to understand the complex thoughts of other men."—Allan D. Nelson, Canadian Journal of Political Science "Thorough and provocative, an important addition to Plato scholarship."—Library Journal "The major purpose of the commentary is to provide a reading of the dialogue which displays its structural arrangement and the continuity of the argument."—J. W. Dy, Bibliographical Bulletin of Philosophy "The reader of Strauss's book is indeed guided closely through the whole text."— M. J. Silverthorne, The Humanities Association Review Leo Strauss (1899-1973) was the Robert Maynard Hutchins Distinguished Service Professor Emeritus of political science at the University of Chicago.
The Argument and the Action of Plato's Laws
by Leo StraussThe posthumous publication of The Argument and the Action of Plato's "Laws" was compiled shortly before the death of Leo Strauss in 1973. Strauss offers an insightful and instructive reading through careful probing of Plato's classic text. "Strauss's The Argument and the Action of Plato's 'Laws' reflects his interest in political thought, his dogged method of following the argument of the Laws step by step, and his vigorous defense of this dialogue's integrity in respect to the ideals of the Republic."—Cross Currents "The unique characteristics of this commentary on the Laws reflect the care and precision which were the marks of Professor Strauss's efforts to understand the complex thoughts of other men."—Allan D. Nelson, Canadian Journal of Political Science "Thorough and provocative, an important addition to Plato scholarship."—Library Journal "The major purpose of the commentary is to provide a reading of the dialogue which displays its structural arrangement and the continuity of the argument."—J. W. Dy, Bibliographical Bulletin of Philosophy "The reader of Strauss's book is indeed guided closely through the whole text."— M. J. Silverthorne, The Humanities Association Review Leo Strauss (1899-1973) was the Robert Maynard Hutchins Distinguished Service Professor Emeritus of political science at the University of Chicago.
Argument Evaluation and Evidence (Law, Governance and Technology Series #23)
by Douglas WaltonThis monograph poses a series of key problems of evidential reasoning and argumentation. It then offers solutions achieved by applying recently developed computational models of argumentation made available in artificial intelligence. Each problem is posed in such a way that the solution is easily understood. The book progresses from confronting these problems and offering solutions to them, building a useful general method for evaluating arguments along the way. It provides a hands-on survey explaining to the reader how to use current argumentation methods and concepts that are increasingly being implemented in more precise ways for the application of software tools in computational argumentation systems. It shows how the use of these tools and methods requires a new approach to the concepts of knowledge and explanation suitable for diverse settings, such as issues of public safety and health, debate, legal argumentation, forensic evidence, science education, and the use of expert opinion evidence in personal and public deliberations.
Argument Types and Fallacies in Legal Argumentation (Law and Philosophy Library #112)
by Thomas Bustamante Christian DahlmanThis book provides theoretical tools for evaluating the soundness of arguments in the context of legal argumentation. It deals with a number of general argument types and their particular use in legal argumentation. It provides detailed analyses of argument from authority, argument ad hominem, argument from ignorance, slippery slope argument and other general argument types. Each of these argument types can be used to construct arguments that are sound as well as arguments that are unsound. To evaluate an argument correctly one must be able to distinguish the sound instances of a certain argument type from its unsound instances. This book promotes the development of theoretical tools for this task.
Argumenta Papiniani: Studien zur Geschichte und Dogmatik des Privatrechts
by Jan Dirk HarkeDer besondere Einfluss der Rhetorik, den das Werk des spätklassischen Juristen Papinian kennzeichnet, hat auch das Urteil späterer Juristen über seine wissenschaftliche Leistung geprägt und gleichermaßen Anerkennung und Ablehnung provoziert. Seine Methode der Rechtsfindung zu erkunden war das Ziel einer Tagung im Kloster Bronnbach. Die hierzu geleisteten Beiträge gelten der Regelbildung und den Absurditätsargumenten bei Papinian, seiner Argumentation in Pfandrechtsfragen und bei der Testamentsauslegung, seiner Haltung zu Freilassungs- und Prositutionsverboten bei Sklavenverkäufen und der Herausbildung einer Vorform des Anwartschaftsrechts zum Schutz bedingt freigelassener Sklaven sowie schließlich seinem Werk über den Ehebruch.
Argumentation Methods for Artificial Intelligence in Law
by Douglas WaltonUse of argumentation methods applied to legal reasoning is a relatively new field of study. The book provides a survey of the leading problems, and outlines how future research using argumentation-based methods show great promise of leading to useful solutions. The problems studied include not only these of argument evaluation and argument invention, but also analysis of specific kinds of evidence commonly used in law, like witness testimony, circumstantial evidence, forensic evidence and character evidence. New tools for analyzing these kinds of evidence are introduced.
Argumentation Theory: A Pragma-Dialectical Perspective (Argumentation Library #33)
by Frans H. van EemerenThe book offers a compact but comprehensive introductory overview of the crucial components of argumentation theory. In presenting this overview, argumentation is consistently approached from a pragma-dialectical perspective by viewing it pragmatically as a goal-directed communicative activity and dialectically as part of a regulated critical exchange aimed at resolving a difference of opinion. As a result, the book also systematically explains how the constitutive parts of the pragma-dialectical theory of argumentation, which are discussed in a number of separate publications, hang together.The following crucial topics are discussed: (1) argumentation theory as a discipline; (2) the meta-theoretical principles of pragma-dialectics; (3) the model of a critical discussion aimed at resolving a difference of opinion; (4) fallacies as violations of a code of conduct for reasonable argumentative discourse; (5) descriptive research of argumentative reality; (6) analysis as theoretically-motivated reconstruction; (7) strategic manoeuvring aimed at combining achieving effectiveness with maintaining reasonableness; (8) the conventionalization of argumentative practices; (9) prototypical argumentative patterns; (10) pragma-dialectics amidst other approaches.Argumentation Theory: A Pragma-Dialectical Perspective is clearly written and makes argumentation theory understandable to all scholars and advanced students interested in argumentation research.
The Argumentative Turn in Policy Analysis: Reasoning about Uncertainty (Logic, Argumentation & Reasoning #10)
by Sven Ove Hansson Gertrude Hirsch HadornThis book describes argumentative tools and strategies that can be used to guide policy decisions under conditions of great uncertainty. Contributing authors explore methods from philosophical analysis and in particular argumentation analysis, showing how it can be used to systematize discussions about policy issues involving great uncertainty.The first part of the work explores how to deal in a systematic way with decision-making when there may be plural perspectives on the decision problem, along with unknown consequences of what we do. Readers will see how argumentation tools can be used for prioritizing among uncertain dangers, for determining how decisions should be framed, for choosing a suitable time frame for a decision, and for systematically choosing among different decision options. Case studies are presented in the second part of the book, showing argumentation in practice in the areas of climate geoengineering, water governance, synthetic biology, nuclear waste, and financial markets. In one example, argumentation analysis is applied to proposals to solve the climate problem with various technological manipulations of the natural climate system, such as massive dispersion of reflective aerosols into the stratosphere. Even after a thorough investigation of such a proposal, doubt remains as to whether all the potential risks have been identified. In such discussions, conventional risk analysis does not have much to contribute since it presupposes that the risks have been identified, whereas the argumentative approach to uncertainty management can be used to systematize discussions.
Argumente für ein Grünes Grundgesetz: Chancen und Risiken einer Verfassungsänderung zum effektiven Klimaschutz (essentials)
by Jochen TheurerDie Erderwärmung schreitet stetig voran. Dennoch setzen die regierenden Politiker die längst erforderlichen Maßnahmen nicht konsequent um. Daran haben auch millionenfache Proteste aus der Mitte der Gesellschaft nichts geändert. Doch ist die Zivilgesellschaft wirklich machtlos? Jochen Theurer erforscht in diesem essential eine interessante neue Handlungsoption für die schnelle Einführung effektiver Klimaschutzmaßnahmen. Charmant, informativ und realistisch.
Arguments about Abortion: Personhood, Morality, and Law
by Kate GreasleyDoes the morality of abortion depend on the moral status of the human fetus? Must the law of abortion presume an answer to the question of when personhood begins? Can a law which permits late abortion but not infanticide be morally justified? These are just some of the questions this book sets out to address. With an extended analysis of the moral and legal status of abortion, Kate Greasley offers an alternative account to the reputable arguments of Ronald Dworkin and Judith Jarvis Thomson and instead brings the philosophical notion of 'personhood' to the foreground of this debate. Structured in three parts, the book will (I) consider the relevance of prenatal personhood for the moral and legal evaluation of abortion; (II) trace the key features of the conventional debate about when personhood begins and explore the most prominent issues in abortion ethics literature: the human equality problem and the difference between abortion and infanticide; and (III) examine abortion law and regulation as well as the differing attitudes to selective abortion. The book concludes with a snapshot into the current controversy surrounding the scope of the right to conscientiously object to participation in abortion provision.
Arguments about Abortion: Personhood, Morality, and Law
by Kate GreasleyDoes the morality of abortion depend on the moral status of the human fetus? Must the law of abortion presume an answer to the question of when personhood begins? Can a law which permits late abortion but not infanticide be morally justified? These are just some of the questions this book sets out to address. With an extended analysis of the moral and legal status of abortion, Kate Greasley offers an alternative account to the reputable arguments of Ronald Dworkin and Judith Jarvis Thomson and instead brings the philosophical notion of 'personhood' to the foreground of this debate. Structured in three parts, the book will (I) consider the relevance of prenatal personhood for the moral and legal evaluation of abortion; (II) trace the key features of the conventional debate about when personhood begins and explore the most prominent issues in abortion ethics literature: the human equality problem and the difference between abortion and infanticide; and (III) examine abortion law and regulation as well as the differing attitudes to selective abortion. The book concludes with a snapshot into the current controversy surrounding the scope of the right to conscientiously object to participation in abortion provision.
Arguments, Stories and Criminal Evidence: A Formal Hybrid Theory (Law and Philosophy Library #92)
by Floris J. BexIn this book a theory of reasoning with evidence in the context of criminal cases is developed. The main subject of this study is not the law of evidence but rather the rational process of proof, which involves constructing, testing and justifying scenarios about what happened using evidence and commonsense knowledge. A central theme in the book is the analysis of ones reasoning, so that complex patterns are made more explicit and clear. This analysis uses stories about what happened and arguments to anchor these stories in evidence. Thus the argumentative and the narrative approaches from the research in legal philosophy and legal psychology are combined. Because the book describes its subjects in both an informal and a formal style, it is relevant for scholars in legal philosophy, AI, logic and argumentation theory. The book can also appeal to practitioners in the investigative and legal professions, who are interested in the ways in which they can and should reason with evidence.
Arise: Power, Strategy and Union Resurgence (Wildcat)
by Jane Holgate'Jane Holgate is a brilliant thinker' - Jane McAlevey In Arise, Jane Holgate argues that unions must revisit their understanding of power in order to regain influence and confront capital. Drawing on two decades of research and organising experience, Holgate examines the structural inertia of today’s unions from a range of perspectives: from strategic choice, leadership and union democracy to politics, tactics and the agency afforded to rank-and-file members. In the midst of a neoliberal era of economic crisis and political upheaval, the labour movement stands at a crossroads. Union membership is on the rise, but the ‘turn to organising’ has largely failed to translate into meaningful gains for workers. There is considerable discussion about the lack of collectivism among workers due to casualisation, gig work and precarity, yet these conditions were standard in the UK when workers built the foundations of the 19th-century trade union movement. Drawing on history and case studies of unions developing and using power effectively, this book offers strategies for moving beyond the pessimism that prevails in much of today’s union movement. By placing power analysis back at the heart of workers' struggle, Holgate shows us that transformational change is not only possible, but within reach.
Arise: Power, Strategy and Union Resurgence (Wildcat)
by Jane Holgate'Jane Holgate is a brilliant thinker' - Jane McAlevey In Arise, Jane Holgate argues that unions must revisit their understanding of power in order to regain influence and confront capital. Drawing on two decades of research and organising experience, Holgate examines the structural inertia of today’s unions from a range of perspectives: from strategic choice, leadership and union democracy to politics, tactics and the agency afforded to rank-and-file members. In the midst of a neoliberal era of economic crisis and political upheaval, the labour movement stands at a crossroads. Union membership is on the rise, but the ‘turn to organising’ has largely failed to translate into meaningful gains for workers. There is considerable discussion about the lack of collectivism among workers due to casualisation, gig work and precarity, yet these conditions were standard in the UK when workers built the foundations of the 19th-century trade union movement. Drawing on history and case studies of unions developing and using power effectively, this book offers strategies for moving beyond the pessimism that prevails in much of today’s union movement. By placing power analysis back at the heart of workers' struggle, Holgate shows us that transformational change is not only possible, but within reach.
An Aristocracy of Critics: Luce, Hutchins, Niebuhr, and the Committee That Redefined Freedom of the Press
by Stephen BatesThe story behind the 1940s Commission on Freedom of the Press—groundbreaking then, timelier than ever now"A well-constructed, timely study, clearly relevant to current debates."—Kirkus, starred review In 1943, Time Inc. editor-in-chief Henry R. Luce sponsored the greatest collaboration of intellectuals in the twentieth century. He and University of Chicago president Robert Maynard Hutchins summoned the theologian Reinhold Niebuhr, the Pulitzer-winning poet Archibald MacLeish, and ten other preeminent thinkers to join the Commission on Freedom of the Press. They spent three years wrestling with subjects that are as pertinent as ever: partisan media and distorted news, activists who silence rather than rebut their opponents, conspiracy theories spread by shadowy groups, and the survivability of American democracy in a post-truth age. The report that emerged, A Free and Responsible Press, is a classic, but many of the commission’s sharpest insights never made it into print. Journalist and First Amendment scholar Stephen Bates reveals how these towering intellects debated some of the most vital questions of their time—and reached conclusions urgently relevant today.