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Laws and Explanations; Theories and Modal Possibilities (Synthese Library #410)
by Arnold KoslowThe book has two parts: In the first, after a review of some seminal classical accounts of laws and explanations, a new account is proposed for distinguishing between laws and accidental generalizations (LAG). Among the new consequences of this proposal it is proved that any explanation of a contingent generalization shows that the generalization is not accidental. The second part involves physical theories, their modality, and their explanatory power. In particular, it is shown that (1) Each theory has a theoretical implication structure associated with it, such that there are new physical modal operators on these structures and also special modal entities that are in these structures. A special subset of the physical modals, the nomic modals are associated with the laws of theories. (2) The familiar idea that theories always explain laws by deduction of them has to be seriously modified in light of the fact that there are a host of physical theories (including for example, Newtonian Classical mechanics, Hamiltonian, and Lagrangian theory, and probability theory) that we believe are schematic (they do not have any truth value). Nevertheless, we think that there is a kind of non-deductive explanation and generality that they achieve by subsumtion under a schema.
Laws and Lawmakers: Science, Metaphysics, and the Laws of Nature
by Marc LangeWhat distinguishes laws of nature from ordinary facts? What are the "lawmakers": the facts in virtue of which the laws are laws? How can laws be necessary, yet contingent? Lange provocatively argues that laws are distinguished by their necessity, which is grounded in primitive subjunctive facts, while also providing a non-technical and accessible survey of the field.
Laws and Lawmakers: Science, Metaphysics, and the Laws of Nature
by Marc LangeWhat distinguishes laws of nature from ordinary facts? What are the "lawmakers": the facts in virtue of which the laws are laws? How can laws be necessary, yet contingent? Lange provocatively argues that laws are distinguished by their necessity, which is grounded in primitive subjunctive facts, while also providing a non-technical and accessible survey of the field.
Laws and other Worlds: A Humean Account of Laws and Counterfactuals (The Western Ontario Series in Philosophy of Science #31)
by Fred Wilson
Laws and Policies on Surrogacy: Comparative Insights from India
by Harleen KaurThis book is an essential guide on surrogacy, discussing various legal issues that arise in surrogacy cases. It provides a comprehensive coverage to various issues pertaining to surrogacy arrangements due to failure to meet the needs of those involved in surrogacy, be it the intended parents or the surrogate mother, with special emphasis on the most vulnerable party -- the surrogate child. In the wake of this existing imbalance, the call to reform the practice of surrogacy has also increased. The book provides a comprehensive coverage to various laws and policy regulations in existence dealing with surrogacy, and unravels the latest trends and developments happening around the world as surrogacy gains importance. The international perspectives highlight policies and practices being adopted and followed by various nations with regard to surrogacy regulation and associated parenthood rules. This book also analyses some of the significant cross-border disputes revolving around surrogacy, and explores briefly the jurisprudence of the European Court of Human Rights on matters of parentage and citizenship for children born of trans-national surrogacy with special reference to the prospects of a convention on international surrogacy currently being studied by The Hague Conference on Private International Law. Further, it highlights the issues and questions relating to surrogacy arrangements that are so far unresolved and unanswered and suggests measures for improvements to the existing proposed surrogacy legislation in India and need for uniform international regulation. The book is a great resource for legal practitioners, academics, students, policy-makers, infertility clinics, and charitable organizations working on this issue.
Law's Hermeneutics: Other Investigations
by Simone Glanert Fabien GirardBringing together leading academics hailing from different cultural and scholarly horizons, this book revisits legal hermeneutics by making particular reference to philosophy, sociology and linguistics. On the assumption that theory has much to teach law, that theory motivates and enables, the writings of such intellectuals as Martin Heidegger, Hans-Georg Gadamer, Jacques Derrida, Paul Ricœur, Giorgio Agamben, Jürgen Habermas, Ronald Dworkin and Ludwig Wittgenstein receive special consideration. As it explores the matter of reading the law and as it inquires into the emergence of meaning within the dynamic between reader and text against the background of the reader’s worldly finiteness, this collection of essays wishes to contribute to an improved appreciation of the merits and limits of law’s hermeneutics which, it argues, is emphatically not to be reduced to a simple tool for textual exegesis.
Law's Hermeneutics: Other Investigations
by Simone Glanert Fabien GirardBringing together leading academics hailing from different cultural and scholarly horizons, this book revisits legal hermeneutics by making particular reference to philosophy, sociology and linguistics. On the assumption that theory has much to teach law, that theory motivates and enables, the writings of such intellectuals as Martin Heidegger, Hans-Georg Gadamer, Jacques Derrida, Paul Ricœur, Giorgio Agamben, Jürgen Habermas, Ronald Dworkin and Ludwig Wittgenstein receive special consideration. As it explores the matter of reading the law and as it inquires into the emergence of meaning within the dynamic between reader and text against the background of the reader’s worldly finiteness, this collection of essays wishes to contribute to an improved appreciation of the merits and limits of law’s hermeneutics which, it argues, is emphatically not to be reduced to a simple tool for textual exegesis.
LAWS, LANGUAGE and LIFE: Howard Pattee’s classic papers on the physics of symbols with contemporary commentary (Biosemiotics #7)
by Howard Hunt Pattee Joanna Rączaszek-LeonardiHoward Pattee is a physicist who for many years has taken his own path in studying the physics of symbols, which is now a foundation for biosemiotics. By extending von Neumann’s logical requirements for self-replication, to the physical requirements of symbolic instruction at the molecular level, he concludes that a form of quantum measurement is necessary for life. He explains why all non-dynamic symbolic and informational controls act as special (allosteric) constraints on dynamical systems. Pattee also points out that symbols do not exist in isolation but in coordinated symbol systems we call languages. Such insights turn out to be necessary to situate biosemiotics as an objective scientific endeavor. By proposing a way to relate quiescent symbolic constraints to dynamics, Pattee’s work builds a bridge between physical, biological, and psychological models that are based on dynamical systems theory. Pattee’s work awakes new interest in cognitive scientists, where his recognition of the necessary separation—the epistemic cut—between the subject and object provides a basis for a complementary third way of relating the purely symbolic, computational models of cognition and the purely dynamic, non-representational models. This selection of Pattee’s papers also addresses several other fields, including hierarchy theory, artificial life, self-organization, complexity theory, and the complementary epistemologies of the physical and biological sciences.
The Laws of Love: A Brief Historical and Practical Manual (Language, Discourse, Society)
by P. GoodrichYour guest at dinner kisses you. What does it mean? Where does it lead? Does kissing necessarily imply more, and if so how much? These and similar questions of amorous ethics and erotic disquisition are central to our everyday intimate public lives and they are the lost object of the law of love, the lex amatoria collated and presented here.
The Laws of Manu (Penguin Classics Series)
by Wendy Doniger Brian SmithThe Laws of Manu form a towering work of Hindu philosophy. Composed by many Brahmin priests, this is an extraordinary, encyclopaedic representation of human life in the world, and how it should be lived. Manu encompasses topics as wide-ranging as the social obligations and duties of the various castes, the proper way for a righteous king to rule and to punish transgressors, relations between men and women, birth, death, taxes, karma, rebirth and ritual practices. First translated into English in 1794, its influence spread from Nietzsche to the British Raj, and although often misinterpreted, it remains an essential work for understanding India today.
Laws of Medicine: Core Legal Aspects for the Healthcare Professional
by Amirala S. PashaThis book provides an overview of the US laws that affect clinical practice for healthcare professionals with no legal background.Divided into thirteen sections, each chapter starts with a summary of the chapter’s content and relevant legal concepts in bullet points before discussing the topics in detail. An application section is provided in many chapters to clarify essential issues by reflecting on clinically relevant case law or clinical vignette(s). Filling a crucial gap in the literature, this comprehensive guide gives healthcare professionals an understanding or a starting point to legal aspects of healthcare.
Laws of Nature
by Peter Mittelstaedt Paul A. WeingartnerThisbook isnotatextbook tobecomeacquainted with thelaws ofnature. An elementaryknowledgeaboutlawsofnature,inparticularthelawsofphysics,is presupposed. Thebookisratherintendedtoprovideaclari?cationofconcepts and properties of the laws of nature. The authors would like to emphasise that this book has been developed – created – as a real teamwork. Although the chapters (and in some cases parts of the chapters) were originally written by one of the two authors, all of them were discussed thoroughly and in detail and have been revised and complemented afterwards. Even if both authors were in agreement on most of the foundational issues discussed in the book, they did not feel it necessary to balance every viewpoint. Thus some individual and personal di?erence or emphasis will still be recognisable from the chapters written by the di?erent authors. In this sense the authors feel speci?cally responsible for the chapters as follows: Mittelstaedt for Chaps. 4, 9. 3, 10, 11. 2, 12, 13 and Weingartner for Chaps. 1, 2, 3, 5, 7, 8. 2, 9. 2, 9. 4. The remaining parts are joint sections. Most of the chapters are formulated as questions and they begin with arguments pro and contra. Then a detailed answer is proposed which contains a systematic discussion of the question. This is the respective main part of the chapter. It sometimes begins with a survey of the problem by giving some important answers to it from history (cf. Chaps. 6 and 9).
Laws of Nature
What is the origin of the concept of a law of nature? How much does it owe to theology and metaphysics? To what extent do the laws of nature permit contingency? Are there exceptions to the laws of nature? Is it possible to give a reductive analysis of lawhood, or is it a primitive? Twelve new essays by an international team of leading philosophers take up these and other central questions on the laws of nature, whilst also examining some of the most important intuitions and assumptions that have guided the debate over laws of nature since the concepts invention in the seventeenth century. Laws of Nature spans the history of philosophy and of science, contemporary metaphysics, and contemporary philosophy of science.
Laws of Nature and Chances: What Breathes Fire into the Equations
by Barry LoewerBarry Loewer presents a novel account of the metaphysics of law of nature, chances, fundamental ontology, and the space-time arena they occupy. He calls this the Package Deal Account. This aims to answer Stephen Hawking's question "What is it that breathes fire into the equations and makes a universe for them to describe?" Loewer's account stands on the shoulders of David Lewis's Humean Best Systems Account of laws and chances, but rejects Lewis' Humean ontology of natural properties, and instead lets the criteria that physicists employ for evaluating candidate fundamental theories of everything, together with reality, determine the universe's fundamental ontology. The Package Deal Account thus advances the project of naturalizing metaphysics. Loewer discusses the history of the concept of laws of nature, current philosophical accounts of the metaphysics of laws, and arguments for and against each of these. He then shows how the Package Deal Account overcomes objections to each, and how, unlike Lewis's Humean account and its non-Humean rivals, it is able to accommodate recent developments in physics, including proposals for theories of quantum gravity that reject the fundamentality of space-time. Loewer provides in addition an account of the laws and chances that occur in non-fundamental special sciences and how they are related to those of fundamental physics.
Laws of Nature and Chances: What Breathes Fire into the Equations
by Barry LoewerBarry Loewer presents a novel account of the metaphysics of law of nature, chances, fundamental ontology, and the space-time arena they occupy. He calls this the Package Deal Account. This aims to answer Stephen Hawking's question "What is it that breathes fire into the equations and makes a universe for them to describe?" Loewer's account stands on the shoulders of David Lewis's Humean Best Systems Account of laws and chances, but rejects Lewis' Humean ontology of natural properties, and instead lets the criteria that physicists employ for evaluating candidate fundamental theories of everything, together with reality, determine the universe's fundamental ontology. The Package Deal Account thus advances the project of naturalizing metaphysics. Loewer discusses the history of the concept of laws of nature, current philosophical accounts of the metaphysics of laws, and arguments for and against each of these. He then shows how the Package Deal Account overcomes objections to each, and how, unlike Lewis's Humean account and its non-Humean rivals, it is able to accommodate recent developments in physics, including proposals for theories of quantum gravity that reject the fundamentality of space-time. Loewer provides in addition an account of the laws and chances that occur in non-fundamental special sciences and how they are related to those of fundamental physics.
Laws of Physics (Elements in the Philosophy of Physics)
by null Eddy Keming ChenDespite its apparent complexity, our world seems to be governed by simple laws of physics. This volume provides a philosophical introduction to such laws. I explain how they are connected to some of the central issues in philosophy, such as ontology, possibility, explanation, induction, counterfactuals, time, determinism, and fundamentality. I suggest that laws are fundamental facts that govern the world by constraining its physical possibilities. I examine three hallmarks of laws-simplicity, exactness, and objectivity-and discuss whether and how they may be associated with laws of physics.
The Laws of Plato
by PlatoThe Laws, Plato's longest dialogue, has for centuries been recognized as the most comprehensive exposition of the practical consequences of his philosophy, a necessary corrective to the more visionary and utopian Republic. In this animated encounter between a foreign philosopher and a powerful statesman, not only do we see reflected, in Plato's own thought, eternal questions of the relation between political theory and practice, but we also witness the working out of a detailed plan for a new political order that embodies the results of Plato's mature reflection on the family, the status of women, property rights, criminal law, and the role of religion and the fine arts in a healthy republic. "Because it succeeds in being both literal and comprehensive, it is by far superior to any translation available. By reproducing dramatic detail often omitted, such as oaths, hesitations, repetitions, and forms of address, Pangle allows the reader to follow the dialogue's interplay between argument and dramatic context. . . . Pangle's translation captures the excitement and the drama of Plato's text."—Mary P. Nichols, Ancient Philosophy "Pangle's achievement is remarkable. . . . The accompanying interpretive essay is an excellent distillation of a dialogue three times its size. The commentary is thoughtful, even profound; and it amply demonstrates the importance of reading Plato carefully and from a translation that is true to his language."—Patrick Coby, American Political Science Review
The Laws of Robots: Crimes, Contracts, and Torts (Law, Governance and Technology Series #10)
by Ugo PagalloThis book explores how the design, construction, and use of robotics technology may affect today’s legal systems and, more particularly, matters of responsibility and agency in criminal law, contractual obligations, and torts. By distinguishing between the behaviour of robots as tools of human interaction, and robots as proper agents in the legal arena, jurists will have to address a new generation of “hard cases.” General disagreement may concern immunity in criminal law (e.g., the employment of robot soldiers in battle), personal accountability for certain robots in contracts (e.g., robo-traders), much as clauses of strict liability and negligence-based responsibility in extra-contractual obligations (e.g., service robots in tort law). Since robots are here to stay, the aim of the law should be to wisely govern our mutual relationships.
The Laws of Scientific Change
by Hakob BarseghyanThis book systematically creates a general descriptive theory of scientific change that explains the mechanics of changes in both scientific theories and the methods of their assessment. It was once believed that, while scientific theories change through time, their change itself is governed by a fixed method of science. Nowadays we know that there is no such thing as an unchangeable method of science; the criteria employed by scientists in theory evaluation also change through time. But if that is so, how and why do theories and methods change? Are there any general laws that govern this process, or is the choice of theories and methods completely arbitrary and random?Contrary to the widespread opinion, the book argues that scientific change is indeed a law-governed process and that there can be a general descriptive theory of scientific change. It does so by first presenting meta-theoretical issues, divided into chapters on the scope, possibility and assessment of theory of scientific change. It then builds a theory about the general laws that govern the process of scientific change, and goes into detail about the axioms and theorems of the theory.
The Laws of the Roman People: Public Law in the Expansion and Decline of the Roman Republic
by Callie WilliamsonFor hundreds of years, the Roman people produced laws in popular assemblies attended by tens of thousands of voters to publicly forge resolutions to issues that might otherwise have been unmanageable. Callie Williamson's book,The Law of the Roman People, finds that the key to Rome's survival and growth during the most formative period of empire, roughly 350 to 44 B.C.E., lies in its hitherto enigmatic public lawmaking assemblies which helped extend Roman influence and control. Williamson bases her rigorous and innovative work on the entire body of surviving laws preserved in ancient reports of proposed and enacted legislation from these public assemblies.
Laws of the Sea: Interdisciplinary Currents
by Irus BravermanLaws of the Sea assembles scholars from law, geography, anthropology, and environmental humanities to consider the possibilities of a critical ocean approach in legal studies. Unlike the United Nations’ monumental Convention on the Law of the Sea, which imagines one comprehensive constitutional framework for governing the ocean, Laws of the Sea approaches oceanic law in plural and dynamic ways. Critically engaging contemporary concerns about the fate of the ocean, the collection’s twelve chapters range from hydrothermal vents through the continental shelf and marine genetic resources to coastal communities in France, Sweden, Florida, and Indonesia. Documenting the longstanding binary of land and sea, the chapters pose a fundamental challenge to European law’s “terracentrism” and its pervasive influence on juridical modes of knowing and making the world. Together, the chapters ask: is contemporary Eurocentric law—and international law in particular—capable of moving away from its capitalist and colonial legacies, established through myriad oceanic abstractions and classifications, toward more amphibious legalities? Laws of the Sea will appeal to legal scholars, geographers, anthropologists, cultural and political theorists, as well as scholars in the environmental humanities, political ecology, ocean studies, and animal studies.
Laws of the Sea: Interdisciplinary Currents
by Irus BravermanLaws of the Sea assembles scholars from law, geography, anthropology, and environmental humanities to consider the possibilities of a critical ocean approach in legal studies. Unlike the United Nations’ monumental Convention on the Law of the Sea, which imagines one comprehensive constitutional framework for governing the ocean, Laws of the Sea approaches oceanic law in plural and dynamic ways. Critically engaging contemporary concerns about the fate of the ocean, the collection’s twelve chapters range from hydrothermal vents through the continental shelf and marine genetic resources to coastal communities in France, Sweden, Florida, and Indonesia. Documenting the longstanding binary of land and sea, the chapters pose a fundamental challenge to European law’s “terracentrism” and its pervasive influence on juridical modes of knowing and making the world. Together, the chapters ask: is contemporary Eurocentric law—and international law in particular—capable of moving away from its capitalist and colonial legacies, established through myriad oceanic abstractions and classifications, toward more amphibious legalities? Laws of the Sea will appeal to legal scholars, geographers, anthropologists, cultural and political theorists, as well as scholars in the environmental humanities, political ecology, ocean studies, and animal studies.
Law’s Reality: A Philosophy of Law (Elgar Studies in Legal Theory)
by Allan BeeverAllan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers.Structured into three distinct parts - the philosophy of law and jurisprudence, the structure of the social word and the ontology of law, and the reconstruction of the philosophy of law - the author provides insight into law as a human institution and reveals that central debates are often based on misunderstandings of interpretation and intentionality. Inspired by the philosophy of John Searle alongside other well-respected legal theorists, the author also analyses both sides of the mainstream jurisprudential divide in its current state, in particular the theory of legal positivism.Examining all aspects of law and answering the important question of ‘What is Law?’, this book will be an invaluable resource for academics and advanced students in law schools and philosophy departments.
Law's Relations: A Relational Theory of Self, Autonomy, and Law
by Jennifer NedelskyIn this brilliantly innovative work, Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries, and individual rights. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others. Law's Relations includes many concrete legal applications of her theory of relational autonomy, offering new insights into the debates over due process, judicial review, violence against women, and private versus public law.
Law's Sacrifice: Approaching the Problem of Sacrifice in Law, Literature, and Philosophy
by Brian W. Nail Jeffrey A. EllsworthThis volume examines the relationship between law and sacrifice as a crucial nexus for theorizing the dynamics of creation, destruction, transcendence, and violence within the philosophical and legal discourse of western society. At a time of populist political unrest, what philosophical and theoretical resources are available for conceptualizing the discontent that seems to emanate from practically every sphere of society? What narrative strategies have been employed within literary, theological, philosophical, and legal discourse to tame or mystify human violence? Engaging with the work of preeminent theorists of sacrifice, such as Georges Bataille, René Girard, Giorgio Agamben, and Jacques Derrida this collection examines from an interdisciplinary perspective the sacrificial logic that characterizes the cultural and political dynamics of law in society. The book will be of interest to students and scholars in the field of legal theory and philosophy.