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Author: Ngaire Naffine
Publisher: Routledge
Published: 2019-05-24
Total Pages: 309
ISBN-13: 1351739182
DOWNLOAD EBOOK →This title was first published in 2001. Legal systems are posited on the assumption that people are rational intentional agents who can choose to follow or break the law. This book connects the common interests of lawyers and philosophers in the meaning of intention and its relation to responsibility in legal, moral and political contexts.
Author: Antony Duff
Publisher: Wiley-Blackwell
Published: 1990-01
Total Pages: 219
ISBN-13: 9780631153122
DOWNLOAD EBOOK →Author: Richard Ekins
Publisher: OUP Oxford
Published: 2012-10-12
Total Pages: 318
ISBN-13: 0191645931
DOWNLOAD EBOOK →Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.
Author: Antony Duff
Publisher: Cambridge University Press
Published: 1998-02-13
Total Pages: 273
ISBN-13: 0521550440
DOWNLOAD EBOOK →Five legal theorists discuss a range of questions on the nature of the philosophy of criminal law.
Author: Richard E. Grandy
Publisher: Oxford University Press
Published: 1986
Total Pages: 510
ISBN-13: 0198244649
DOWNLOAD EBOOK →H.P. Grice is a distinguished philosopher predominantly known for his influential contributions to the philosophy of language, but that is only one strand in a rich tapestry of ideas bearing on the philosophy of mind, ethics, and metaphysics as well. Some of the essays in this collection of original papers by leading philosophers edited by Grandy and Warner develop Grice's earlier work in the philosophy of language, but most of them discuss or present his newer and less-known; work. Together they demonstrate the unified and powerful character of his thoughts on being, mind, meaning, and morals. An introductory essay provides some of the first overview of Grice's thought, and makes explicit some of the relations among the essays.
Author: Christopher Cowley
Publisher: Taylor & Francis
Published: 2024-02-05
Total Pages: 165
ISBN-13: 1003834175
DOWNLOAD EBOOK →The Philosophy of Criminal Law: An Introduction explores the central concepts of criminal law, such as intention, complicity and duress, and how they work, both within criminal law practice and in our everyday lives, from legal and philosophical perspectives. At the heart of the book is the central philosophical concept of responsibility: what does it mean to be responsible for an act, to hold someone responsible for an act, or to give an excuse in order to avoid responsibility for an act? Offering talking points to enrich an ongoing conversation, this unique textbook addresses all of these questions in an accessible way for law and non-law students alike. Real cases are examined in detail and a critical approach to the criminal law is adopted throughout. The focus will be mainly on the criminal law of England and Wales, with occasional cases from other jurisdictions, and occasional examples from other areas of law. This text will be ideal reading for advanced undergraduate and graduate students of law, philosophy and criminology, as well as political science and sociology.
Author: John Marenbon
Publisher: Cambridge University Press
Published: 1997
Total Pages: 398
ISBN-13: 9780521663991
DOWNLOAD EBOOK →This book offers a major reassessment of the philosophy of Peter Abelard (1079-1142) which shows that he was a far more constructive and wider-ranging thinker than has usually been supposed. It combines detailed historical discussion, based on published and manuscript sources, with philosophical analysis which aims to make clear Abelard's central arguments about the nature of things, language and the mind, and about morality. Although the book concentrates on these philosophical questions, it places them within their theological and wider intellectual context.
Author: Mark Tebbit
Publisher: Routledge
Published: 2017-01-20
Total Pages: 302
ISBN-13: 131528099X
DOWNLOAD EBOOK →Philosophy of Law: An Introduction provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, Mark Tebbit quickly leads readers into the heart of the philosophical questions that dominate philosophy of law today. He provides an exceptionally wide-ranging overview of the contending theories that have sought to resolve these problems. He does so without assuming prior knowledge either of philosophy or law on the part of the reader. The book is structured in three parts around the key issues and themes in philosophy of law: What is the law? – the major legal theories addressing the question of what we mean by law, including natural law, legal positivism and legal realism. The reach of the law – the various legal theories on the nature and extent of the law’s authority, with regard to obligation and civil disobedience, rights, liberty and privacy. Criminal law – responsibility and mens rea, intention, recklessness and murder, legal defences, insanity and philosophies of punishment. This new third edition has been thoroughly updated to include assessments of important developments in philosophy and law in the early years of the twenty-first century. Revisions include a more detailed analysis of natural law, new chapters on common law and the development of positivism, a reassessment of the Austin–Hart dispute in the light of recent criticism of Hart, a new chapter on the natural law–positivist controversy over Nazi law and legality, and new chapters on criminal law, extending the analysis of the dispute over the viability of the defences of necessity and duress.
Author: Gideon Yaffe
Publisher: OUP Oxford
Published: 2012-11-29
Total Pages: 360
ISBN-13: 0191642231
DOWNLOAD EBOOK →Gideon Yaffe presents a ground-breaking work which demonstrates the importance of philosophy of action for the law. Many people are serving sentences not for completing crimes, but for trying to. So the law governing attempted crimes is of practical as well as theoretical importance. Questions arising in the adjudication of attempts intersect with questions in the philosophy of action, such as what intention a person must have, if any, and what a person must do, if anything, to be trying to act. Yaffe offers solutions to the difficult problems courts face in the adjudication of attempted crimes. He argues that the problems courts face admit of principled solution through reflection either on what it is to try to do something; or on what evidence is required for someone to be shown to have tried to do something; or on what sentence for an attempt is fair given the close relation between attempts and completions. The book argues that to try to do something is to be committed by one's intention to each of the components of success and to be guided by those commitments. Recognizing the implications of this simple and plausible position helps us to identify principled grounds on which the courts ought to distinguish between defendants charged with attempted crimes.
Author: George Pavlakos
Publisher: Cambridge University Press
Published: 2015-02-05
Total Pages: 343
ISBN-13: 1107070724
DOWNLOAD EBOOK →A collection of new essays on the interplay between intentions and practical reasons in law and practical agency.
