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The Philosophy of Law
From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods
Human Works, Absent Words
What is said can be understood only when seen in the context of what is not said. Many ancient and medieval philosophers use this dynamic of presence and absence. Plato always recognizes that his expressions are energized by being set before other people. Aristotle’s dialectic between different sorts of public activity does the same. Anselm sees his writing as a test case for what it says. Bonaventure approximates his distance from trinity by finding its images at large. Aquinas makes legal norms approach the flexibility of facts. Ockham’s solution to holding goods without owning them impresses English jural doctrine. Las Casas’ refusal to fix first nations’ identity in deviant past activities hints at how to rectify contacts with first peoples today. This book shows how each author amplifies meaning in the distance between what he puts into his work and what he leaves unsaid.
Leon Petrażycki
The early 20th-century Russo-Polish legal thinker Leon Petrażycki (1867–1931) developed a comprehensive social psychology of law. Because only a fraction of his work is available in English, Petrażycki is today little known and seldom discussed in the Anglophone countries. This volume aims to remedy this deficit by introducing Petrażycki’s life and work specifically to an English-speaking audience. It is intended as a reappraisal of some of his views in the context of current advancements. This collection of 12 chapters produced by a panel of international scholars from various social science fields will be useful to a new generation of students formulating their own theories and research on socio-legal behavior. Leon Petrażycki: Law, Emotions, Society will be of interest to students and scholars of sociology of law, socio-legal studies, and philosophy of law
The Abolition of Antitrust
"The essays in this book present a sustained economic, historical, moral, and legal broadside against the various federal statutes known as antitrust doctrine. They explode the cherished myths underlying the antitrust laws, and expose their intellectual fountainhead in a morality of self-sacrifice that is incompatible with individual rights, free enterprise, and objective law. With the publication of this text, businessmen, lawyers, economists, policy makers, legislators, and judges finally have access to a systemic critique of the antitrust laws. From here on, if antitrust continues to violate the rights of businessmen and to ravage the American economy, it is not for lack of knowing how an...
Niccolò Machiavelli
Preliminary Material -- AGAINST ALL THE ODDS: MACHIAVELLI ON FORTUNE IN POLITICS /Timo Airaksinen -- BORDER-VALUE MORALITY AND SEMANTICAL COHERENCE IN MACHIAVELLI'S PRINCE /Hubert Schleichert -- NICCOLÒ MACHIAVELLI ON POWER /Manfred J. Holler -- THE MODERN WHO BELIEVED THAT HE WAS THE ANCIENT: NICCOLÒ MACHIAVELLI IN EUROPEAN THOUGHT AND POLITICAL IMAGINATION /Leonidas Donskis -- MACHIAVELLI AND THE THEORY OF EXEMPLARY CONSTITUTIONS /Cătălin Avramescu -- VIRTUE IN HOBBES: SEEN FROM MACHIAVELLIAN POINT OF VIEW /Juhana Lemetti -- RETHINKING MACHIAVELLI: REPUBLICANISM AND TOLERANCE /Olli Loukola -- CONTRIBUTORS -- INDEX -- VIBS.
Yet Another Europe after 1984
Much of the debates in this book revolves around Milan Kundera and his 1984 essay “The Tragedy of Central Europe.” Kundera wrote his polemical text when the world was pregnant with imminent social and political change, yet that world was still far from realizing that we would enter the last decade of the twentieth century with the Soviet empire and its network of satellite states missing from the political map. Kundera was challenged by Joseph Brodsky and György Konrád for allegedly excluding Russia from the symbolic space of Europe, something the great author deeply believes he never did. To what extent was Kundera right in assuming that, if to exist means to be present in the eyes of...
New Perspectives on Pragmatism and Analytic Philosophy.
The strong influence of pragmatism in the early 20th-century international debate, its subsequent and apparently inexorable decline, and its recent revival are intertwined with the fate of other currents of thought that have marked the development of contemporary philosophy. This volume clarifies the most recent events of this development focusing on key theoretical issues common both to American classic philosophical tradition and analytical thought. Many essays in this volume belong to what we can call “new” pragmatism, namely a pragmatist perspective that is different from the postmodernist “neo” pragmatism à la Rorty. The volume shows that both pragmatists and analytic thinkers ...
Tradition in Social Science
Preliminary Material -- THE OBJECT AND METHOD OF SOCIAL SCIENCE -- THE OBJECTIVE ELEMENTS OF PROGRESS -- THE PROBLEM OF CONDUCT -- EVOLUTION IN PROGRESS -- SOCIAL SPACE -- SOCIAL FABRICS -- POLITICAL UNITY -- CONCLUSION -- NOTES -- BIBLIOGRAPHY -- ANALYTICAL TABLE OF CONTENTS -- COUNTEREVOLUTION -- A FRAGMENT ON EVOLUTION AND COUNTEREVOLUTION IN THEIR THEOLOGICAL SENSE -- ABOUT THE AUTHOR AND TRANSLATOR -- INDEX -- VIBS.
Queer Philosophy
The book is a collection of the presentations of the Society for Lesbian and Gay Philosophy from 1998 to 2008. The essays are organized historically, starting in 1998. Their topics cover virtually every philosophical field, and such that each is connected to gay and lesbian studies. Topics include how we are to understand sexual orientation, whether same-sex leads to polygamy, teaching gay studies to undergraduates, promiscuity and virtue, the "war on terror" and gay oppression, the rationality of coming out, the ethics of outing, connections between being gay and being happy, and last, but not least, dignity and being gay.
