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The book attempts to describe and criticize four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. Apart from a presentation of basic ideas connected with the above mentioned methods, the essays contained in this book seek to answer questions concerning the assumptions standing behind these methods, the limits of using them and their usefulness in the practice and theory of law. A specific feature of the book is that in one study four different, sometimes competing concepts of legal method are discussed. The panorama, sketched like this, allows one to reflect deeply on the questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method. The authors argue that there exists no such method. They claim that the methodologies presented in the book may serve as a basis for constructing a coherent and useful conception of legal thinking. Any such conception, however, must recognize its own assumptions and limitations, resulting from adopting a specific philosophical stance.
Law --- Law. --- Methodology. --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Legal reasoning --- Philosophy of law. --- Social sciences --- Logic. --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy of Law. --- Philosophy of the Social Sciences. --- Philosophy. --- Argumentation --- Deduction (Logic) --- Deductive logic --- Dialectic (Logic) --- Logic, Deductive --- Intellect --- Philosophy --- Psychology --- Science --- Reasoning --- Thought and thinking --- Social philosophy --- Social theory --- Methodology --- Law—Philosophy. --- Political science. --- Philosophy and social sciences. --- Social sciences and philosophy --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- State, The
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This collection of essays written by leading philosophers, lawyers, economists, and psychologists - deals with the various dimensions of legal negotiations. The contributions concern the logical structure of legal negotiations, as well as the possible philosophical assumptions behind the process of negotiating. The book also covers the problem of economic mechanisms and the psychological underpinnings of negotiating in the shadow of the law, addressing both conceptual and practical issues. (Series: Studies in the Philosophy of Law - Vol. 8)
Compromise (Law) --- Negotiation in law. --- Negotiation. --- Bargaining --- Dickering --- Haggling --- Higgling --- Negotiating --- Negotiations --- Discussion --- Psychology, Applied --- Settlement out of court --- Transactio --- Transaction (Civil law) --- Accord and satisfaction --- Arbitration and award --- Civil procedure --- Composition (Law) --- Contracts --- Debtor and creditor --- Dispute resolution (Law) --- Extinguishment of debts
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The book attempts to describe and criticize four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. Apart from a presentation of basic ideas connected with the above mentioned methods, the essays contained in this book seek to answer questions concerning the assumptions standing behind these methods, the limits of using them and their usefulness in the practice and theory of law. A specific feature of the book is that in one study four different, sometimes competing concepts of legal method are discussed. The panorama, sketched like this, allows one to reflect deeply on the questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method. The authors argue that there exists no such method. They claim that the methodologies presented in the book may serve as a basis for constructing a coherent and useful conception of legal thinking. Any such conception, however, must recognize its own assumptions and limitations, resulting from adopting a specific philosophical stance.
Law --- Reasoning. --- Methodology.
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Logic --- Social sciences (general) --- Legal theory and methods. Philosophy of law --- psychosociale wetenschappen --- sociologie --- filosofie --- rechtstheorie --- logica
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The present collection represents an attempt to bring together several contributions to the ongoing debate pertaining to supervenience of the normative in law and morals and strives to be the first work that addresses the topic comprehensively. It addresses the controversies surrounding the idea of normative supervenience and the philosophical conceptions they generated, deserve a recapitulation, as well as a new impulse for further development. Recently, there has been renewed interest in the concepts of normativity and supervenience. The research on normativity – a term introduced to the philosophical jargon by Edmund Husserl almost one hundred years ago – gained impetus in the 1990s through the works of such philosophers as Robert Audi, Christine Korsgaard, Robert Brandom, Paul Boghossian or Joseph Raz. The problem of the nature and sources of normativity has been investigated not only in morals and in relation to language, but also in other domains, e.g. in law or in the c ontext of the theories of rationality. Supervenience, understood as a special kind of relation between properties and weaker than entailment, has become analytic philosophers’ favorite formal tool since 1980s. It features in the theories pertaining to mental properties, but also in aesthetics or the law. In recent years, the ‘marriage’ of normativity and supervenience has become an object of many philosophical theories as well as heated debates. It seems that the conceptual apparatus of the supervenience theory makes it possible to state precisely some claims pertaining to normativity, as well as illuminate the problems surrounding it.
Supervenience (Philosophy) --- Normativity (Ethics) --- Ethical norms --- Normativeness (Ethics) --- Ethics --- Philosophy --- Philosophy of law. --- Ethics. --- Philosophy of mind. --- Logic. --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy of Law. --- Moral Philosophy. --- Philosophy of Mind. --- Argumentation --- Deduction (Logic) --- Deductive logic --- Dialectic (Logic) --- Logic, Deductive --- Intellect --- Psychology --- Science --- Reasoning --- Thought and thinking --- Mind, Philosophy of --- Mind, Theory of --- Theory of mind --- Cognitive science --- Metaphysics --- Philosophical anthropology --- Deontology --- Ethics, Primitive --- Ethology --- Moral philosophy --- Morality --- Morals --- Philosophy, Moral --- Science, Moral --- Values --- Methodology --- Law—Philosophy. --- Law. --- Political science. --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The
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This edited volume explores ideas of legal realism which emerge through the works of Russian legal philosophers. Apart from the well-known American and Scandinavian versions of legal realism, there also exists a Russian one: readers will discover fresh perspectives and that the collection of early twentieth century ideas on law discussed in Russia can be understood as a unified school of legal thought – as Russian legal realism. These chapters by renowned European and Eastern European legal philosophers add to ongoing discussions about the nature of law, especially in the context of developments around our scientific knowledge about the mind and behaviour. Analyses of legal phenomena carried out by legal realists in Russia offer novel arguments in favour of embracing psychological and sociological perspectives on the law. The book includes analysis of the St. Petersburg school of legal philosophy and Leon Petrażycki’s psychological theory of law. This original and multifaceted research on Russian realists is of considerable value to an international audience. Researchers and postgraduate students of law, legal theory and legal ethics will find the book particularly appealing, but it will also interest those investigating the philosophy or sociology of law, or legal history. .
Philosophy of law. --- Law --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy of Law. --- Law and Psychology. --- Juridical psychology --- Juristic psychology --- Legal psychology --- Psychology, Juridical --- Psychology, Juristic --- Psychology, Legal --- Psychology, Applied --- Therapeutic jurisprudence --- Psychological aspects. --- Psychology --- Law—Philosophy. --- Law. --- Political science. --- Psychology. --- Behavioral sciences --- Mental philosophy --- Mind --- Science, Mental --- Human biology --- Philosophy --- Soul --- Mental health --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation
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The book attempts to describe and criticize four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. Apart from a presentation of basic ideas connected with the above mentioned methods, the essays contained in this book seek to answer questions concerning the assumptions standing behind these methods, the limits of using them and their usefulness in the practice and theory of law. A specific feature of the book is that in one study four different, sometimes competing concepts of legal method are discussed. The panorama, sketched like this, allows one to reflect deeply on the questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method. The authors argue that there exists no such method. They claim that the methodologies presented in the book may serve as a basis for constructing a coherent and useful conception of legal thinking. Any such conception, however, must recognize its own assumptions and limitations, resulting from adopting a specific philosophical stance.
Logic --- Social sciences (general) --- Legal theory and methods. Philosophy of law --- psychosociale wetenschappen --- sociologie --- filosofie --- rechtstheorie --- logica
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Cognitive psychology --- Psychology, Cognitive --- Cognitive science --- Psychology --- Research.
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Ethics --- Deontology --- Ethics, Primitive --- Ethology --- Moral philosophy --- Morality --- Morals --- Philosophy, Moral --- Science, Moral --- Philosophy --- Values --- Philosophy.
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The present book is the fourth volume of the series Studies in the Philosophy of Law which has appeared since 2001. The previous two volumes had a monographic character, the last one being devoted to the topic of the economic analysis of law and published in English. The present volume also has a monographic character and concerns various issues of bioethics, law and philosophy.
Bioethics --- Biotechnology --- Biology --- Biomedical ethics --- Life sciences --- Life sciences ethics --- Science --- Law and legislation. --- Moral and ethical aspects --- Law and biology. --- Biology and law
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