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"The Italian Pragmatists were a group of philosophers in the early 20th century, most notably including Giovanni Vailati, Mario Calderoni, Giovanni Papini and Giuseppe Prezzolini. They gathered around the journal Leonardo, published in Florence. The Italian philosophers were in contact with the American Pragmatists, especially with Peirce and James, and developed many original and provocative ideas that made them allies and enemies. Critics have often stressed the differences between their versions of Pragmatism. This volume emphasizes what they shared, and their value for philosophy and culture"--
What does it mean to understand the law? This challenging book discusses whether and how understanding the law is qualitatively different from understanding a different, non-legal text or linguistic utterance, and whether knowledge of a language is sufficient to understand legal content in that language.
The range of topics addressed in this volume is broader than in previous JURIX volumes. All the main legal functions are covered: legal drafting, legal negotiating, legal decision making and legal argumentation.
The Italian Pragmatists were a group of philosophers in the early 20th century, most notably including Giovanni Vailati, Mario Calderoni, Giovanni Papini and Giuseppe Prezzolini. They gathered around the journal Leonardo, published in Florence. The Italian philosophers were in contact with the American Pragmatists, especially with C.S.V. Peirce and W. James, and developed many original and provocative ideas that made the Italian Pragmatists allies and enemies. Critics have often stressed the differences between their versions of Pragmatism. This volume emphasizes what they shared, and their value for philosophy and culture.
This book offers its readers an overview of recent developments in the theory of legal argumentation written by representatives from various disciplines, including argumentation theory, philosophy of law, logic and artificial intelligence. It presents an overview of contributions representative of different academic and legal cultures, and different continents and countries. The book contains contributions on strategic maneuvering, argumentum ad absurdum, argumentum ad hominem, consequentialist argumentation, weighing and balancing, the relation between legal argumentation and truth, the distinction between the context of discovery and context of justification, and the role of constitutive and regulative rules in legal argumentation. It is based on a selection of papers that were presented in the special workshop on Legal Argumentation organized at the 25th IVR World Congress for Philosophy of Law and Social Philosophy held 15-20 August 2011 in Frankfurt, Germany.
The present volume assembles a relevant set of studies of argument by analogy, which address this topic in a systematic fashion, either from an essentially theoretical perspective or from the perspective of it being applied to different fields like politics, linguistics, literature, law, medicine, science in general and philosophy. All result from original research conducted by their authors for this publication. Thus, broadly speaking, this is an exception which we find worthy of occupying a special place in the sphere of the bibliography on the argument by analogy. In effect, most of the contexts of the publications on this topic focus on specific areas, for example everyday discourse, science or law theory, while underestimating or sometimes even ignoring other interdisciplinary scopes, as is the case of literature, medicine or philosophy. The idiosyncrasy of this volume is that the reader and the researcher may follow the development of different theoretical outlooks on argument by analogy, while measuring the scope of its (greater or lesser) application to the aforementioned areas as a whole.
This volume bridges contemporary philosophical conceptions of risk and responsibility and offers an extensive examination of the topic. It shows that risk and responsibility combine in ways that give rise to new philosophical questions and problems. Philosophical interest in the relationship between risk and responsibility continues to rise, due in no small part due to environmental crises, emerging technologies, legal developments, and new medical advances. Despite such interest, scholars are just now working out how to conceive of the links between risk and responsibility, the implications that risks may have to conceptions of responsibility (and vice versa), as well as how such theorizing...
This volume focuses on the American philosopher and psychologist William James and his engagements with European thought, together with the multidisciplinary reception of his work on both sides of the Atlantic since his death. James participated in transatlantic conversations in science, philosophy, psychology, religion, ethics, and literature.
This Palgrave Pivot is the first book in the field of Law & Economics looking at the relationship between economics and law in legal reasoning. The book constitutes a reference point for the economic analysis of legal institutions, as legal reasoning remains the dimension of legal systems least explored by economists. Despite their differences, economics and legal reasoning interact in many interesting ways. This book offers a fast track to these interactions. Both supporters and critics of Law & Economics will be exposed to a yet-to-be developed area of interaction between the disciplines. This book will be of interest to economists, legal scholars, and Law and Economics specialists, and can be used as teaching material in courses on Law & Economics and legal reasoning as well.