Meta-theory of Law

Meta-theory of Law
Author: Mathieu Carpentier
Publisher: John Wiley & Sons
Total Pages: 388
Release: 2022-08-24
Genre: Philosophy
ISBN: 1394163681

This book is devoted to the theory of legal theory, also referred to as the "meta-theory of law". The aim of this emerging discipline is to determine the objectives, aims and methods of legal theory, and to establish the conditions of possibility as well as the validity criteria for theoretical discourse on law. The contributions in this book provide an overview of these aspects through different perspectives and approaches. The very purpose of legal theory has been disputed and the subject area is currently subject to increasing cross-fertilization between different, and sometimes diverging, traditions. Meta-theory of Law assesses these emerging trends by questioning two basic objects of legal theory, the "nature" and the "science" of law.

Metatheory in Social Science

Metatheory in Social Science
Author: Donald Winslow Fiske
Publisher: University of Chicago Press
Total Pages: 400
Release: 1986-03-15
Genre: Social Science
ISBN: 0226251926

What is the nature of the social sciences? What kinds of knowledge can they—and should they—hope to create? Are objective viewpoints possible and can universal laws be discovered? Questions like these have been asked with increasing urgency in recent years, as some philosophers and researchers have perceived a "crisis" in the social sciences. Metatheory in Social Science offers many provocative arguments and analyses of basic conceptual frameworks for the study of human behavior. These are offered primarily by practicing researchers and are related to problems in disciplines as diverse as sociology, psychology, psychiatry, anthropology, and philosophy of science. While various points of view are expressed in these nineteen essays, they have in common several themes, including the comparison of social and natural science, the role of knowledge in meeting the demands of society and its pressing problems, and the nature and role of subjectivity in science. Some authors hold that subjectivity cannot be studied scientifically; others argue that it can and must be if progress in knowledge is to be made. The essays demonstrate the philosophical pluralism they discuss and give a wide range of alternative positions on the future of the social and behavioral sciences in a postpositivist intellectual world.

The Singular Universe and the Reality of Time

The Singular Universe and the Reality of Time
Author: Roberto Mangabeira Unger
Publisher: Cambridge University Press
Total Pages: 567
Release: 2015
Genre: Science
ISBN: 1107074061

Roberto Mangabeira Unger and Lee Smolin argue for a revolution in our cosmological ideas. Ideal for non-scientists, physicists and cosmologists.

Theory of Legal Science

Theory of Legal Science
Author: Aleksander Peczenik
Publisher: Springer Science & Business Media
Total Pages: 698
Release: 2012-12-06
Genre: Philosophy
ISBN: 9400964811

Proceedings of the Conference on Legal Theory and Philosophy of Science, Lund, Sweden, December 11-14, 1983

Meta-theory of Law

Meta-theory of Law
Author: Mathieu Carpentier
Publisher: John Wiley & Sons
Total Pages: 388
Release: 2022-10-04
Genre: Philosophy
ISBN: 1789450748

This book is devoted to the theory of legal theory, also referred to as the "meta-theory of law". The aim of this emerging discipline is to determine the objectives, aims and methods of legal theory, and to establish the conditions of possibility as well as the validity criteria for theoretical discourse on law. The contributions in this book provide an overview of these aspects through different perspectives and approaches. The very purpose of legal theory has been disputed and the subject area is currently subject to increasing cross-fertilization between different, and sometimes diverging, traditions. Meta-theory of Law assesses these emerging trends by questioning two basic objects of legal theory, the "nature" and the "science" of law.

Natural Law and the Nature of Law

Natural Law and the Nature of Law
Author: Jonathan Crowe
Publisher: Cambridge University Press
Total Pages: 275
Release: 2019-04-25
Genre: History
ISBN: 1108498302

Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.

Epistemic Uncertainty and Legal Theory

Epistemic Uncertainty and Legal Theory
Author: Brian Burge-Hendrix
Publisher: Routledge
Total Pages: 337
Release: 2016-12-05
Genre: Law
ISBN: 1351939378

Crossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political rights, such as those of Canada and the United States - as well as cases in constitutional adjudication. It shows the worth of careful reflection on methodological and meta-theoretical issues for a comprehensive account of a present-day legal system which is fast becoming the norm. The author explicitly connects the ongoing Methodology Debate within legal philosophy to constitutional adjudication and Canadian law. By drawing out the implications of the Methodology Debate and the challenge of giving a proper account of constitutional adjudication in a general theory of law, the study examines how a descriptive, morally and politically neutral legal theory can deal with epistemic uncertainty - uncertainty about the actual status of moral-political legal provisions and their jurisprudential function - in a thoroughgoing manner. It also demonstrates the merits of a minimalist version of Legal Positivism with regard to the practical importance of charters in charter systems and societies.

Neutrality and Theory of Law

Neutrality and Theory of Law
Author: Jordi Ferrer Beltrán
Publisher: Springer Science & Business Media
Total Pages: 283
Release: 2013-04-03
Genre: Law
ISBN: 9400760671

This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.

A Companion to Applied Philosophy

A Companion to Applied Philosophy
Author: Kasper Lippert-Rasmussen
Publisher: John Wiley & Sons
Total Pages: 664
Release: 2016-09-19
Genre: Philosophy
ISBN: 1118869125

Applied philosophy has been a growing area of research for the last 40 years. Until now, however, almost all of this research has been centered around the field of ethics. A Companion to Applied Philosophy breaks new ground, demonstrating that all areasof philosophy, including epistemology, metaphysics, philosophy of science, and philosophy of mind, can be applied, and are relevant to questions of everyday life. This perennial topic in philosophy provides an overview of these various applied philosophy developments, highlighting similarities and differences between various areas of applied philosophy, and examining the very nature of this topic. It is an area to which many of the towering figures in the history of philosophy have contributed, and this timely Companion demonstrates how various historical contributions are actually contributions within applied philosophy, even if they are not traditionally seen as such. The Companion contains 42 essays covering major areas of philosophy; the articles themselves are all original contributions to the literature and represent the state of the art on this topic, as well as offering a map to the current debates.