- Table View
- List View
The Logic of Autonomy: Law, Morality and Autonomous Reasoning (Law and Practical Reason)
by Jan-R SieckmannAutonomy is the central idea of modern practical philosophy. Understood as self-legislation, autonomy seems to require that the validity of norms depends on recognition, namely, that their addressees, being autonomous agents, recognise these norms to be valid. But how can one be bound by norms whose validity depends on their being recognised as valid by their addressees? The questions of how autonomous morality and, on this basis, the authoritative character of law can be understood, present persistent puzzles that have been widely discussed, but still await a satisfactory solution.This book presents an analysis of the idea of autonomy as self-legislation and its consequences for law and morality. It links the idea of autonomy with the idea of the balancing of normative arguments, develops a notion of normative arguments as distinct from normative judgements and statements and explains claims to correctness and objectivity that are found in normative discourse. Thus, a 'logic of autonomy' emerges, and it is pervasive in normative reasoning. It connects theses regarding the logic of norms, the structure of balancing, human and fundamental rights, legal validity, legal interpretation, and the relations among legal systems, offering a theory of central elements of normative argumentation, a theory that is undergirded by the mutual relations that exist between and among its parts as well as through the relations that it bears to other theories. Moreover, it offers an alternative to Kantian notions of autonomy and provides solutions to problems that other theories have failed to master.
The Logic of Autonomy: Law, Morality and Autonomous Reasoning (Law and Practical Reason)
by Jan-R SieckmannAutonomy is the central idea of modern practical philosophy. Understood as self-legislation, autonomy seems to require that the validity of norms depends on recognition, namely, that their addressees, being autonomous agents, recognise these norms to be valid. But how can one be bound by norms whose validity depends on their being recognised as valid by their addressees? The questions of how autonomous morality and, on this basis, the authoritative character of law can be understood, present persistent puzzles that have been widely discussed, but still await a satisfactory solution.This book presents an analysis of the idea of autonomy as self-legislation and its consequences for law and morality. It links the idea of autonomy with the idea of the balancing of normative arguments, develops a notion of normative arguments as distinct from normative judgements and statements and explains claims to correctness and objectivity that are found in normative discourse. Thus, a 'logic of autonomy' emerges, and it is pervasive in normative reasoning. It connects theses regarding the logic of norms, the structure of balancing, human and fundamental rights, legal validity, legal interpretation, and the relations among legal systems, offering a theory of central elements of normative argumentation, a theory that is undergirded by the mutual relations that exist between and among its parts as well as through the relations that it bears to other theories. Moreover, it offers an alternative to Kantian notions of autonomy and provides solutions to problems that other theories have failed to master.
The Logic of Commitment (Routledge Focus on Philosophy)
by Gary ChartierThis book develops and defends a conception of commitment and explores its limits. Gary Chartier shows how commitment serves to resolve conflicts between ordinary moral intuitions and the reality that the basic aspects of human well-being are incommensurable. He outlines a variety of overlapping and mutually reinforcing rationales for making commitments, explores the relationship between commitment and vocation and the relevance of commitment to love, and notes some reasons why it might make sense to disregard one’s commitments. The Logic of Commitment will appeal to ethicists interested in the connection between commitment and personal well-being, and to anyone who wonders why and when it might make sense to make or keep commitments.
The Logic of Commitment (Routledge Focus on Philosophy)
by Gary ChartierThis book develops and defends a conception of commitment and explores its limits. Gary Chartier shows how commitment serves to resolve conflicts between ordinary moral intuitions and the reality that the basic aspects of human well-being are incommensurable. He outlines a variety of overlapping and mutually reinforcing rationales for making commitments, explores the relationship between commitment and vocation and the relevance of commitment to love, and notes some reasons why it might make sense to disregard one’s commitments. The Logic of Commitment will appeal to ethicists interested in the connection between commitment and personal well-being, and to anyone who wonders why and when it might make sense to make or keep commitments.
The Logic of Consent: The Diversity and Deceptiveness of Consent as a Defense to Criminal Conduct (Law, Justice and Power)
by Peter WestenThe Logic of Consent analyzes the varied nature of consent arguments in criminal law and examines the confusions that commonly arise from the failure of legislatures, courts and commentators to understand them. Peter Westen skillfully argues that the conceptual aspect accounts for a significant number of the difficulties that legislatures, courts and scholars have with consent in criminal cases; he observes that consent masquerades as a single kind of event when, in reality, it refers to diverse and sometimes mutually exclusive kinds of events. Specifically, consent is used in law to refer to three pairs of contrasting kinds of events: factual versus legal, attitudinal versus expressive, and prescriptive versus imputed. While Westen takes no position on whether the substance of existing defenses of consent in criminal law ought to be enlarged or reduced in scope, he examines each of these contrasting events and analyzes the normative confusions they produce.
The Logic of Consent: The Diversity and Deceptiveness of Consent as a Defense to Criminal Conduct (Law, Justice and Power)
by Peter WestenThe Logic of Consent analyzes the varied nature of consent arguments in criminal law and examines the confusions that commonly arise from the failure of legislatures, courts and commentators to understand them. Peter Westen skillfully argues that the conceptual aspect accounts for a significant number of the difficulties that legislatures, courts and scholars have with consent in criminal cases; he observes that consent masquerades as a single kind of event when, in reality, it refers to diverse and sometimes mutually exclusive kinds of events. Specifically, consent is used in law to refer to three pairs of contrasting kinds of events: factual versus legal, attitudinal versus expressive, and prescriptive versus imputed. While Westen takes no position on whether the substance of existing defenses of consent in criminal law ought to be enlarged or reduced in scope, he examines each of these contrasting events and analyzes the normative confusions they produce.
The Logic of Constitutional Rights (Applied Legal Philosophy)
by Eric HeinzeIndividual rights raise endless conflicts and spawn intricate standards and policies. Increasing involvement by courts has added still greater complexity. It would seem that few meaningful principles can unite an area of law plagued by such uncertainty. In this book the author argues that a fixed structure underlies that complexity, determining the kinds of arguments that can be made about individual rights. Examples are drawn from the world's oldest and most intricate body of law on civil rights and liberties: the case law of the United States Supreme Court. Yet the model is designed to account for any legal system that recognizes civil rights and liberties. The author applies techniques of logical analysis (although no prior knowledge of logic is required) to identify a deeper discursive structure. He shows how simple concepts of harm and consent, which do not ordinarily appear to be relevant in all cases, provide unity within and across regimes of individual rights.
The Logic of Constitutional Rights (Applied Legal Philosophy)
by Eric HeinzeIndividual rights raise endless conflicts and spawn intricate standards and policies. Increasing involvement by courts has added still greater complexity. It would seem that few meaningful principles can unite an area of law plagued by such uncertainty. In this book the author argues that a fixed structure underlies that complexity, determining the kinds of arguments that can be made about individual rights. Examples are drawn from the world's oldest and most intricate body of law on civil rights and liberties: the case law of the United States Supreme Court. Yet the model is designed to account for any legal system that recognizes civil rights and liberties. The author applies techniques of logical analysis (although no prior knowledge of logic is required) to identify a deeper discursive structure. He shows how simple concepts of harm and consent, which do not ordinarily appear to be relevant in all cases, provide unity within and across regimes of individual rights.
The Logic of Equality: A Formal Analysis of Non-Discrimination Law (Routledge Revivals Ser.)
by Eric HeinzeThis title was first published in 2003. The Logic of Equality proposes a formal-logical method for examining the indeterminacy of legal discourse, using the example of the non-discrimination norm. It shows that the indeterminacy of a legal concept does not mean that it is completely chaotic - the indeterminacy of the non-discrimination norm arises out of, and presupposes, a determinate formal structure, which remains fixed and constant both within and across jurisdictions, regardless of institutional or doctrinal differences. To illustrate the argument, cases are presented from a variety of jurisdictions including the United States Supreme Court, the European Court of Human Rights, the European Court of Justice, and the German Constitutional Court. The book is aimed at theorists who are interested in the analysis of legal discourse, including comparative legal scholars and those who specialise in human rights and/or discrimination law.
The Logic of Equality: A Formal Analysis of Non-Discrimination Law
by Eric HeinzeThis title was first published in 2003. The Logic of Equality proposes a formal-logical method for examining the indeterminacy of legal discourse, using the example of the non-discrimination norm. It shows that the indeterminacy of a legal concept does not mean that it is completely chaotic - the indeterminacy of the non-discrimination norm arises out of, and presupposes, a determinate formal structure, which remains fixed and constant both within and across jurisdictions, regardless of institutional or doctrinal differences. To illustrate the argument, cases are presented from a variety of jurisdictions including the United States Supreme Court, the European Court of Human Rights, the European Court of Justice, and the German Constitutional Court. The book is aimed at theorists who are interested in the analysis of legal discourse, including comparative legal scholars and those who specialise in human rights and/or discrimination law.
The Logic of Estrangement: Reason in an Unreasonable Form
by Julius SensatThe book recasts the concept of estrangement as `reason in an unreasonable form', traces its development in writings of Kant, Hegel, and Marx, supplies a game-theoretic reconstruction of it, and assesses its significance for a critical understanding of John Rawls's philosophy.
The Logic of Human Rights: From Subject/Object Dichotomy to Topo-Logic (Elgar Studies in Human Rights)
by Ekaterina Yahyaoui KrivenkoConceptualizing the nature of reality and the way the world functions, Ekaterina Yahyaoui Krivenko analyzes the foundations of human rights law in the strict subject/object dichotomy. Seeking to dismantle this dichotomy using topo-logic, a concept developed by Japanese philosopher Nishida Kitaro, this topical book formulates ways to operationalize alternative visions of human rights practice.Subject/object dichotomy, Yahyaoui Krivenko demonstrates, emerges from and reflects a particular Western worldview through a quest for rationality and formal logic. Taking a metaphysical and epistemological perspective, this book explores the alternative views of reality and logic, developed by Kitaro, to demonstrate how topo-logic can enable both a theoretical and a practical renewal of human rights and overcome the subject/object dichotomy. Examining the recent growth of social movements, decolonization and diversification of discourses about human rights, and substantive equality, the book identifies these developments in contemporary human rights as indications of a movement towards a topo-logical view beyond the subject/object dichotomy.Students and scholars of critical legal studies, legal theory and philosophy, and international human rights law will find this book to be an invigorating read. Laying ground for the possible renewal and enhancement of human rights law, it will also be a useful resource for practitioners of human rights law.
The Logic of Innovation: Intellectual Property, and What the User Found There (Intellectual Property, Theory, Culture)
by Johanna GibsonThe Logic of Innovation examines not merely the supposed problem of the efficacy and relevance of intellectual property, and the nature of innovation and creativity in a digital environment, but also the very circumstances of that inquiry itself. Social life has itself become a sphere of production, but how might that be understood within the cultural and structural transformation of creativity, innovation and property? Through a highly original interlocutory and therapeutic approach to the issues in play, the author addresses the concepts of innovation and the digital by means of an investigation through literature and the imagination of new scenarios for language, business and legal reform. The book undertakes a complex inquiry into innovation and property through the wonder of Alice’s journeys in Wonderland and through the Looking-glass. The author presents a new theory of familiar production to account for the kinship that has emerged in both informal and commercial modes of innovation, and foregrounds the value of use as crucial to the articulation of intellectual property within contemporary models of production and commercialization in the digital.
The Logic of Innovation: Intellectual Property, and What the User Found There (Intellectual Property, Theory, Culture)
by Johanna GibsonThe Logic of Innovation examines not merely the supposed problem of the efficacy and relevance of intellectual property, and the nature of innovation and creativity in a digital environment, but also the very circumstances of that inquiry itself. Social life has itself become a sphere of production, but how might that be understood within the cultural and structural transformation of creativity, innovation and property? Through a highly original interlocutory and therapeutic approach to the issues in play, the author addresses the concepts of innovation and the digital by means of an investigation through literature and the imagination of new scenarios for language, business and legal reform. The book undertakes a complex inquiry into innovation and property through the wonder of Alice’s journeys in Wonderland and through the Looking-glass. The author presents a new theory of familiar production to account for the kinship that has emerged in both informal and commercial modes of innovation, and foregrounds the value of use as crucial to the articulation of intellectual property within contemporary models of production and commercialization in the digital.
The Logic of Legal Argumentation: Multi-Modal Perspectives (Law, Language and Communication)
by Marko NovakMulti-modal argumentation with its logical, emotional, visceral and kisceral arguments is an important addition to logical argumentation, especially when real-life situations are considered. It does not discard logic but adds other modes of argumentation to complement it, to emphasize the realistic environments of communication. In this sense, the multi-modal theory is important for the area of legal argumentation, where even in the reasoning of judicial decisions traces of a flesh-and-blood personality, who decided the case and wrote the reasons, can be found. This book presents a comprehensive analysis of this informal logic in legal argumentation and its practicality within the law. It argues that by building on the dialectical and rhetorical models of legal argument, the former being important for clear cases while the latter for unclear ones, the multi-modal theory of legal argumentation brings together logic and psychology in a holistic or integral perspective. The approach is not only descriptive, identifying the traces of alternate arguments in judicial decisions, but is also normative, presenting the criteria for evaluation that multi-modal arguments need to face to attain validity in the legal context. The work will be of interest to academics and researchers in the areas of Legal Theory, Legal Linguistics, Philosophy of Law, and Communication Studies.
The Logic of Legal Argumentation: Multi-Modal Perspectives (Law, Language and Communication)
by Marko NovakMulti-modal argumentation with its logical, emotional, visceral and kisceral arguments is an important addition to logical argumentation, especially when real-life situations are considered. It does not discard logic but adds other modes of argumentation to complement it, to emphasize the realistic environments of communication. In this sense, the multi-modal theory is important for the area of legal argumentation, where even in the reasoning of judicial decisions traces of a flesh-and-blood personality, who decided the case and wrote the reasons, can be found. This book presents a comprehensive analysis of this informal logic in legal argumentation and its practicality within the law. It argues that by building on the dialectical and rhetorical models of legal argument, the former being important for clear cases while the latter for unclear ones, the multi-modal theory of legal argumentation brings together logic and psychology in a holistic or integral perspective. The approach is not only descriptive, identifying the traces of alternate arguments in judicial decisions, but is also normative, presenting the criteria for evaluation that multi-modal arguments need to face to attain validity in the legal context. The work will be of interest to academics and researchers in the areas of Legal Theory, Legal Linguistics, Philosophy of Law, and Communication Studies.
The Logic of Love: Christian Ethics and Moral Psychology (T&T Clark Enquiries in Theological Ethics)
by Andrew J. CameronOverviewing what makes the intersection between emotion and ethics so confusing, this book surveys an older wisdom in how to manage it, using a range of Christian theologians and sources. More important even than 'managing', we begin to see a vision for a better set of affections to grow within and among us. In this vision emerges a practical and nuanced account of what the Christian tradition sometime summarises as 'love'. How may we recover a deep affection for what matters, both within ourselves and together in groups? This book also dialogues with a new movement in moral psychology, 'social intuitionism'. Cameron argues that researchers in this discipline have interests and conclusions that sometimes overlap with Christian sources, even where their respective lenses differ. In this way, the book overviews recent trends in moral psychology against a recent historical and contemporary cultural backdrop, whilst assaying major sources in Christian theology that offer guidance on moral psychology.
The Logic of Love: Christian Ethics and Moral Psychology (T&T Clark Enquiries in Theological Ethics)
by Andrew J. CameronOverviewing what makes the intersection between emotion and ethics so confusing, this book surveys an older wisdom in how to manage it, using a range of Christian theologians and sources. More important even than 'managing', we begin to see a vision for a better set of affections to grow within and among us. In this vision emerges a practical and nuanced account of what the Christian tradition sometime summarises as 'love'. How may we recover a deep affection for what matters, both within ourselves and together in groups? This book also dialogues with a new movement in moral psychology, 'social intuitionism'. Cameron argues that researchers in this discipline have interests and conclusions that sometimes overlap with Christian sources, even where their respective lenses differ. In this way, the book overviews recent trends in moral psychology against a recent historical and contemporary cultural backdrop, whilst assaying major sources in Christian theology that offer guidance on moral psychology.
The Logic of Responsibility Voids (Synthese Library #456)
by Hein DuijfThis book focuses on the problem of responsibility voids: these are cases where responsibility for a morally undesirable outcome cannot be attributed to any of the involved agents. Responsibility voids are thought to occur in collective decision-making and in the context of artificial intelligent systems. In these cases, philosophers worry that there is a shortfall of moral responsibility. In particular, such voids are often assumed to justify a notion of collective responsibility that cannot be reduced to individual responsibility. One of the aims of the book is to study how collective responsibility and joint action relate to individual responsibility and individual actions. The book offers a unifying framework for modelling moral responsibility by drawing from modal logic and game theory.The book investigates the possibility and scope of the problem of responsibility voids. One of its characteristics is its pluralistic perspective on moral responsibility: in contrast to giving a unique and all-encompassing definition of it, the book makes progress by spelling out and modelling several conceptions of moral responsibility. One of the appealing features of the book is that a relatively small range of models is used to investigate a variety of conceptions of moral responsibility. The unifying framework can thus be used to characterize the conditions under which responsibility voids are ruled out.
Logical Investigative Methods: Critical Thinking and Reasoning for Successful Investigations
by Robert J. GirodAll too often, professional investigations fail because those involved jump to conclusions and draw faulty premises that leave the trail cold. Correct conclusions are not the result of guessing, but by applying efficient thought processes. Logical Investigative Methods: Critical Thinking and Reasoning for Successful Investigations is designed to he
Logical Models of Legal Argumentation
by GiovanniSartor HenryPrakkenIn the study of forms of legal reasoning, logic and argumentation theory long followed separate tracks. `Legal logicians' tended to focus on a deductive reconstruction of justifying a decision, disregarding the dialectical process leading to the chosen justification. Others instead emphasized the adversarial and discretionary nature of legal reasoning, involving reasonable evaluation of alternative choices, and the use of analogical reasoning. Recently, however, developments in Artificial Intelligence and Law have paved the way for overcoming this separation. Logic has widened its scope to defensible argumentation, and informal accounts of analogy and dialectics have inspired the construction of computer programs. Thus the prospect is emerging of an integrated logical and dialectical account of legal argument, adding to the understanding of legal reasoning, and providing a formal basis for computer tools that assist and mediate legal debates while leaving room for human initiative. This book presents contributions to this development. From a logical point of view it covers topics such as evaluating conflicting arguments, weighing reasons, modelling legal disputes as a dialogue game, the role of the burden of proof, the relation between principles, rules, reasons and facts, and the relation between deductive and nondeductive arguments. Written by leading scholars in the field and building on recent developments in logic and Artificial Intelligence, the chapters provide a state-of-the-art account of research on the logical aspects of legal argument.
Logical Tools for Modelling Legal Argument: A Study of Defeasible Reasoning in Law (Law and Philosophy Library #32)
by H. PrakkenThis book is a revised and extended version of my PhD Thesis 'Logical Tools for Modelling Legal Argument', which I defended on 14 January 1993 at the Free University Amsterdam. The first five chapters of the thesis have remained almost completely unchanged but the other chapters have undergone considerable revision and expansion. Most importantly, I have replaced the formal argument-based system of the old Chapters 6, 7 and 8 with a revised and extended system, whieh I have developed during the last three years in collaboration with Giovanni Sartor. Apart from some technical improvements, the main additions to the old system are the enriehment of its language with a nonprovability operator, and the ability to formalise reasoning about preference criteria. Moreover, the new system has a very intuitive dialectieal form, as opposed to the rather unintuitive fixed-point appearance of the old system. Another important revision is the split of the old Chapter 9 into two new chapters. The old Section 9. 1 on related research has been updated and expanded into a whole chapter, while the rest of the old chapter is now in revised form in Chapter 10. This chapter also contains two new contributions, a detailed discussion of Gordon's Pleadings Game, and a general description of a multi-Iayered overall view on the structure of argu mentation, comprising a logieal, dialectical, procedural and strategie layer. Finally, in the revised conclusion I have paid more attention to the relevance of my investigations for legal philosophy and argumentation theory.
Logics of War: The Use of Force and the Problem of Mediation (T&T Clark Enquiries in Theological Ethics)
by Therese FeilerThe modern ethics of war is a field of disparate, competing voices based on often unexplored theological and metaphysical assumptions. Therese Feiler approaches them from the borderline area between systematics, philosophical theology and religious studies. With reference to G. W. F. Hegel's and like-minded thinkers' 'theo–logic' that negotiates Christ's mediation and immanent dialectics, Feiler identifies the logic and problem of mediation as the core concern of political ethics. Feiler unites five representative authors from now disparate strands of contemporary just war ethics, testing whether they offer a meaningful possibility of mediation and subsequent reconciliation: a sovereign realist and a cosmopolitan idealist; a rationalist individualist, an idealist Christian ethicist, and finally, an evangelical theologian. Opening the just war debate for comparative critical engagement, Feiler creates a fascinating study that locates a “dynamic point” at which faithful, free political action can be wrestled from irony, tragedy, and melancholic inertia in the face of totalitarian suffocation.
Logics of War: The Use of Force and the Problem of Mediation (T&T Clark Enquiries in Theological Ethics)
by Therese FeilerThe modern ethics of war is a field of disparate, competing voices based on often unexplored theological and metaphysical assumptions. Therese Feiler approaches them from the borderline area between systematics, philosophical theology and religious studies. With reference to G. W. F. Hegel's and like-minded thinkers' 'theo–logic' that negotiates Christ's mediation and immanent dialectics, Feiler identifies the logic and problem of mediation as the core concern of political ethics. Feiler unites five representative authors from now disparate strands of contemporary just war ethics, testing whether they offer a meaningful possibility of mediation and subsequent reconciliation: a sovereign realist and a cosmopolitan idealist; a rationalist individualist, an idealist Christian ethicist, and finally, an evangelical theologian. Opening the just war debate for comparative critical engagement, Feiler creates a fascinating study that locates a “dynamic point” at which faithful, free political action can be wrestled from irony, tragedy, and melancholic inertia in the face of totalitarian suffocation.