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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.
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.
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 Petrazycki'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.
How does a lawyer think? Does legal intuition exist? Do lawyers
need imagination? Why is legal language so abstract? It is no
longer possible to answer these questions by applying philosophical
analysis alone. Recent advances in the cognitive sciences have
reshaped our conceptions of the human mental faculties and the
tools we use to solve problems. A new picture of the functioning of
the legal mind is emerging. In The Legal Mind, Bartosz Brozek uses
philosophical arguments and insight from the cognitive sciences to
depict legal thinking as a close cooperation between three
cognitive mechanisms - intuition, imagination, and language - and
addresses the question of how to efficiently use these mental
tools. This novel and provocative approach provides a fresh
perspective on legal thinking and gives rise to important questions
pertaining to the limits of legal interpretation and rationality in
the law.
Are the cognitive sciences relevant for law? How do they influence
legal theory and practice? Should lawyers become part-time
cognitive scientists? The recent advances in the cognitive sciences
have reshaped our conceptions of human decision-making and
behavior. Many claim, for instance, that we can no longer view
ourselves as purely rational agents equipped with free will. This
change is vitally important for lawyers, who are forced to rethink
the foundations of their theories and the framework of legal
practice. Featuring multidisciplinary scholars from around the
world, this book offers a comprehensive overview of the emerging
field of law and the cognitive sciences. It develops new theories
and provides often provocative insights into the relationship
between the cognitive sciences and various dimensions of the law
including legal philosophy and methodology, doctrinal issues, and
evidence.
Methods of Legal Reasoning describes and criticizes four methods
used in legal practice, legal dogmatics and legal theory: logic,
analysis, argumentation and hermeneutics. The book takes the
unusual approach of discussing in a single study four different,
sometimes competing concepts of legal method. Sketched this way,
the panorama allows the reader to reflect deeply on questions
concerning the methodological conditioning of legal science and the
existence of a unique, specific legal method.
The contributions in this book deal with the issue of normativity
from various academic and scientific perspectives. The reader will
learn how phenomena - such as norms, morality, and rule-following -
are described and explained in philosophy, biology, psychology,
linguistics, and neuroscience. In addition, a discussion of the
naturalistic fallacy, from philosophical and ethical perspectives,
is included.
This ground-breaking collection of essays tackles the philosophical
issues at play in cosmology, physics, mathematics, and
neuroscience. The book considers topics such as the presence of
ontology in cosmological theory and physics. It also weighs the
philosophical issues connected with mathematical method, the
neuroscience of emotions, and evolutionary anthropology. The
contributions look at structuralism in the Platonic philosophy of
science and the issue of knowledge and faith. This book is a must
read for anyone interested in the philosophy of science and the
increasingly blurred borders between the two.
This collection of essays assesses the origins of various
rule-based systems, including, but not limited to, morality,
rationality, and justice from the perspectives of both philosophy
and psychology. The reader will learn about diverse cognitive and
neurocognitive phenomena that are responsible for the emergence of
normative orders, such as imitation, time preferences, and the
dual-processing mind. Furthermore, the essays include different
philosophical insights into the genealogy of norms.
How does a lawyer think? Does legal intuition exist? Do lawyers
need imagination? Why is legal language so abstract? It is no
longer possible to answer these questions by applying philosophical
analysis alone. Recent advances in the cognitive sciences have
reshaped our conceptions of the human mental faculties and the
tools we use to solve problems. A new picture of the functioning of
the legal mind is emerging. In The Legal Mind, Bartosz Brozek uses
philosophical arguments and insight from the cognitive sciences to
depict legal thinking as a close cooperation between three
cognitive mechanisms - intuition, imagination, and language - and
addresses the question of how to efficiently use these mental
tools. This novel and provocative approach provides a fresh
perspective on legal thinking and gives rise to important questions
pertaining to the limits of legal interpretation and rationality in
the law.
A collection of essays dealing with issues connected with Church's
Thesis from both the philosophical and logical perspectives. The
Reader will learn about the problems present in the theory of
computability, with a particular emphasis being placed on the role
of Church's Thesis and the various attempts at its proving it. The
contributions also concern the intuitive notion of computable
functions, the general issue of proving theses, hypercomputation,
pseudorecursiveness and the computational modeling of cognition.
Moreover, some of them utilize formal means such as the first order
theory of hereditarily finite sets or the procedural theory of
concepts. Contributors Stewart Shapiro, Charles McCarty, Selmer
Bringsjord, Jan Wolenski, Marie Duzi, Pavel Materna, Yuri Gurevich,
Krzysztof Wojtowicz, Adam Olszewski, Bartosz Brozek, Naveen Sundar
Govindarajulu, Paula Quinon, Paolo Cotogno, Csaba Henk, Stanislaw
Krajewski, Marcin Milkowski, Kim Solin, Benjamin Wells.
This collection of essays - written by philosophers, logicians, and
theologians - is devoted to the problem of the utilization of logic
in theological discourse. Viewed from the perspective of logic, the
issues covered include such topics as the logic of miracles, the
problem of God's omniscience, the application of non-classical
logics to theology, and the relationships between science and
theology.
This book examines the fundamental issues in neuroscience from
methodological and philosophical perspectives. The reader will
learn about the methodological difficulties connected with the use
of neuroscientific experiments in philosophical argumentation and
about the nature of scientific explanation in neuroscience. In
addition, the book includes case studies of several issues lying at
the intersection of neuroscience and philosophy, such as theory of
mind, self-consciousness, self-deception, depression, and morality.
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Law and Biology (Hardcover)
Jerzy Stelmach, Bartosz Brozek, Marta Soniewicka
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R1,445
R1,184
Discovery Miles 11 840
Save R261 (18%)
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The present book is the fifth volume of the series Studies in
the Philosophy of Law which has appeared since 2001. The previous
three volumes had a monographic character, the last one being
devoted to the various issues of bioethics, law, and philosophy and
the previous one to the topic of the economic analysis of law. Both
of these were published in English. This volume is part of a
research project "Biojurisprudence" pursued from 2007 through 2010
by the Department of Philosophy of Law and Legal Ethics at the
Jagiellonian University and sponsored by the Polish Ministry of
Science and Higher Education. Within the project our team has
published many articles, monographs and edited works such as the
Studies in the "Philosophy of Law, vol. 4: Legal Philosophy and the
Challenges of Biosciences" (edited by J. Stelmach, M. Soniewicka
and W. Zaluski, Jagiellonian University Press, 2010). One
monograph, entitled "Evolutionary Foundations of Law" was written
by Dr. Wojciech Zaluski and was published in both Polish and
English in 2009. We have also prepared a joint monograph entitled
Paradoxes of Legal Bioethics and which is forthcoming this
year.
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