[PDF] Naturalizing Jurisprudence eBook

Author : Brian Leiter
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 41,6 MB
Release : 2007
Category : Law
ISBN : 9780199206490

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Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revisedversions of ten of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect the Realist program to themethodology debate in contemporary jurisprudence; and explore the general implications of a naturalistic world view for problems about the objectivity of law and morality. Leiter has supplied a lengthy new introductory essay, as well as postscripts to several of the essays, in which he responds tochallenges to his interpretive and philosophical claims by academic lawyers and philosophers.This volume will be essential reading for anyone interested in jurisprudence, as well as for philosophers concerned with the consequences of naturalism in moral and legal philosophy.

Author : Brian Leiter
Publisher : Oxford University Press
Page : 224 pages
File Size : 40,81 MB
Release : 2019-04-04
Category : Philosophy
ISBN : 0192571796

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Brian Leiter defends a set of radical ideas from Nietzsche: there is no objectively true morality, there is no free will, no one is ever morally responsible, and our conscious thoughts and reasoning play almost no significant role in our actions and how our lives unfold. He presents a new interpretation of main themes of Nietzsche's moral psychology, including his anti-realism about value (including epistemic value), his account of moral judgment and its relationship to the emotions, his conception of the will and agency, his scepticism about free will and moral responsibility, his epiphenomenalism about certain kinds of conscious mental states, and his views about the heritability of psychological traits. In combining exegesis with argument, Leiter engages the views of philosophers like Harry Frankfurt, T. M. Scanlon, and Gary Watson, and psychologists including Daniel Wegner, Benjamin Libet, and Stanley Milgram. Nietzsche emerges not simply as a museum piece from the history of ideas, but as a philosopher and psychologist who exceeds David Hume for insight into human nature and the human mind, repeatedly anticipates later developments in empirical psychology, and continues to offer sophisticated and unsettling challenges to much conventional wisdom in both philosophy and psychology.

Author : Brian Leiter
Publisher :
Page : 287 pages
File Size : 38,56 MB
Release : 2007
Category : Jurisprudence
ISBN : 9780191715020

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Gathering together Brian Leiter's most influential essays on the subject of American legal realism, this book provides an overview of his redefinition of legal realism and its relationship with other models of legal and philosophical thought, from naturalism in philosophy to critical legal studies.

Author : Brian Leiter
Publisher : Princeton University Press
Page : 215 pages
File Size : 16,24 MB
Release : 2014-08-24
Category : Law
ISBN : 140085234X

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Why it's wrong to single out religious liberty for special legal protections This provocative book addresses one of the most enduring puzzles in political philosophy and constitutional theory—why is religion singled out for preferential treatment in both law and public discourse? Why are religious obligations that conflict with the law accorded special toleration while other obligations of conscience are not? In Why Tolerate Religion?, Brian Leiter shows why our reasons for tolerating religion are not specific to religion but apply to all claims of conscience, and why a government committed to liberty of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare.

Author : Robin Bradley Kar
Publisher :
Page : 18 pages
File Size : 21,18 MB
Release : 2017
Category :
ISBN :

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Brian Leiter is one of the leading proponents of the use and application of so-called "naturalistic developments" in contemporary philosophy to central questions in analytic jurisprudence. He is also arguably *the* leading philosophical interpreter of legal realism. In Naturalizing Jurisprudence, he collects many of his most important essays on these topics, organized by theme, and presents previously unpublished responses to critics. In this Review, I critically examine the three parts of Leiter's book, which address: (1) the philosophical legacy of American legal realism, with specific reference to the nature of justification in adjudication; (2) the appropriate philosophical methodology to determine the nature of law (including what conclusions to draw from this methodology); and (3) the bearing that issues in meta-ethics might have on legal objectivity. Special emphasis is given throughout to the larger prospects for a naturalized jurisprudence, and to how alternative versions of naturalized views might look.

Author : Thomas Nagel
Publisher : Oxford University Press
Page : 141 pages
File Size : 32,56 MB
Release : 2012-11-22
Category : Biography & Autobiography
ISBN : 0199919755

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The modern materialist approach to life has conspicuously failed to explain such central mind-related features of our world as consciousness, intentionality, meaning, and value. This failure to account for something so integral to nature as mind, argues philosopher Thomas Nagel, is a major problem, threatening to unravel the entire naturalistic world picture, extending to biology, evolutionary theory, and cosmology. Since minds are features of biological systems that have developed through evolution, the standard materialist version of evolutionary biology is fundamentally incomplete. And the cosmological history that led to the origin of life and the coming into existence of the conditions for evolution cannot be a merely materialist history, either. An adequate conception of nature would have to explain the appearance in the universe of materially irreducible conscious minds, as such. Nagel's skepticism is not based on religious belief or on a belief in any definite alternative. In Mind and Cosmos, he does suggest that if the materialist account is wrong, then principles of a different kind may also be at work in the history of nature, principles of the growth of order that are in their logical form teleological rather than mechanistic. In spite of the great achievements of the physical sciences, reductive materialism is a world view ripe for displacement. Nagel shows that to recognize its limits is the first step in looking for alternatives, or at least in being open to their possibility.

Author : Justin Desautels-Stein
Publisher : Cambridge University Press
Page : 320 pages
File Size : 49,6 MB
Release : 2018-02-22
Category : Political Science
ISBN : 1108598595

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In the contemporary domain of American legal thought there is a dominant way in which lawyers and judges craft their argumentative practice. More colloquially, this is a dominant conception of what it means to 'think like a lawyer'. Despite the widespread popularity of this conception, it is rarely described in detail or given a name. Justin Desautels-Stein tells the story of how and why this happened, and why it matters. Drawing upon and updating the work of Harvard Law School's first generation of critical legal studies, Desautels-Stein develops what he calls a jurisprudence of style. In doing so, he uncovers the intellectual alliance, first emerging at the end of the nineteenth century and maturing in the last third of the twentieth century, between American pragmatism and liberal legal thought. Applying the tools of legal structuralism and phenomenology to real-world cases in areas of contemporary legal debate, this book develops a practice-oriented understanding of legal thought.

Author : Brian Leiter
Publisher :
Page : 12 pages
File Size : 10,7 MB
Release : 2008
Category : Jurisprudence
ISBN :

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"General jurisprudence - that branch of legal philosophy concerned with the nature of law and adjudication - has been relatively unaffected by the "naturalistic" strains so evident, for example, in the epistemology, philosophy of mind and moral philosophy of the past forty years. This paper sketches three ways in which naturalism might affect jurisprudential inquiry."

Author : Leslie Green
Publisher : Oxford University Press, USA
Page : 317 pages
File Size : 11,17 MB
Release : 2013-08-29
Category : Law
ISBN : 0199679835

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Oxford Studies in the Philosophy of Law is an annual forum for new philosophical work on law. The essays range widely over general jurisprudence (the nature of law, adjudication, and legal reasoning), philosophical foundations of specific areas of law (from criminal to international law), and other philosophical topics relating to legal theory.