Papers presented at the IVR 11th World Congress, Helsinki, 1983.

Aus dem Inhalt: Views from the North: Hans Petter Graver: Law, Justice and the State: Nordic Perspectives u Jacob Dahl Rendtorff: The Danish Welfare State: Philosophical Ideals and Systemic Reality u Sigri!Dur *orgeirsdottir: Feminist Ethics and Feminist Politics u Kuellike Lengi: The Situation of Human Rights in Estonia u Einar Palsson: Pythagoras and Early Icelandic Law u Law, Discourse and Rationality: Mats Flodin: Internal and External Rationality of Legal Systems u Logi Gunnarsson: A Discourse About Discourse u Hjordi!s Hakonardottir: Legal (...) Language: A Tool of Justice u Ghita Holmstrom-Hintikka: On the Use of Expert Witness in Legal Reasoning and Inquiry u Law, State and Nation: Agust H. Ing*orsson: Democracy, Bureaucracy and Marginalization of the State u Aleksander Peczenik: Law-State, Legal Certainty and Legitimacy of Law u Ove K. Pedersen/Sverre Raffnsoe: Reorganizing Society u Juha Raikka: Mill on National Sentiment u Pall Skulason: Concepts of the State and Classes of Value u Problems of Law and Rights: Britt-Mari Blegvad: How to Cope With Uncertainty: Trust and Law u Jon Wetlesen: Animal Rights or Human Duties?. (shrink)

Partial proceedings of the 17th World Congress, International Association for Philosophy of Law and Social Philosophy, Bologna, 1995.

Retributivism is currently a keenly debated theory of punishment. In this volume, the contributors explore its various dimensions including its implications for sentencing and evaluate it against utilitarian options. Content: Jean Hampton: An Expressive Theory of Retribution u Brian Slattery: The Myth of Retributive Justice u Tim Dare: Retributivism, Punishment and Public Values u Anthony Duff: Alternatives to Punishment - or Alternative Punishments u Jerome Bickenbach: Duff on Non-Custodial Punishment u Sandra Marshall: Harm and Punishment in the Community. (Franz Steiner (...) 1992). (shrink)

orbit and far beyond it. Indeed, the immense, painstaking, indefatigable and ever-improving effort of Husserl to find ever-deeper and more reliable foundations for the philosophical enterprise (as well as his constant critical re-thinking and perfecting of the approach and so called "method" in order to perform this task and thus cover in this source-excavation an ever more far-reaching groundwork) stands out and maintains itself as an inepuisable reservoir for philosophical reflec tion in which all the above-mentioned work has either its (...) core or its source. In fact, in his undertaking to re-think the entire philosophical enterprise as such and to recreate philosophy upon what he sought to be at least a satisfactorily legitimated basis, Husserl, through his already systematised and "authorized" work, and his courses, and later on in his spontaneous reflection (which did not find its way into a definitive corpus but was nevertheless sufficiently coherent with his previously established body of thought to be considered a continuation of it), uncovers perspectives upon the universe of man and projects their new philosophical thematisation that brings together all the attempts by philosophers (e. g., Merleau-Ponty, who drew upon this material and found there his own inspiration) who succeeded him with foundational intentions; it also gives a core of philosophical ideas and insights for the youngergenerationofphilosophers today. (shrink)

The relationship between law and morality is a topic which receives special importance and attention, especially in "liberal democracies" in which the law is supposed to regulate highly pluralized and fragmented societies. Under conditions of plurality of values, many social forces and legal theories require a certain kind of neutrality from the legal system, a means of compatibility of the many "world views" and "moral systems" that are present within the same social space. Such a conciliating commitment (...) sounds particularly relevant in times of the doctrinal ubiquity of ideas such as "peace based on human rights". This was the title of the 28th World Congress of the IVR in Lisbon, with the special workshop "Law and Morals" on which this book is based. It is divided into four parts: "Law and Practical Reason", "Conceptual Approaches on Law and Morals", "Legal versus Moral Normativity", and "Morals and Legal Positivism". (shrink)

Aus dem Inhalt: Justice in General: E. Attwooll: Is the Idea of Justice Asymmetric? u C. L. Sheng: Injustice in Law Caused by Conflict between Equality and Equity u G. Barden: Approaches to Justice: The Economy and the State u C. Schmidt: The Concept of Justice in Economic Theory u M. Milde: Rawls, Pluralism and the Value of Contract Theory u J. Tasioulas: M. Walzer on Justice u L. Cedroni: An Ethological Approach to Law, Justice and the State uaR. Kevelson: (...) Justice as Artifice and Sign u A. Makolkin: Semiotics and Poeticity of Law and Justice u D. Ginev: Law and Morality from a Hermeneutic-Semiotic Perspective Rights in General: F. Viola: Personal Identity in the Human Rights Perspective u J.-R. Sieckmann: Justice and Rights u P. Comanducci: Justice and Rights u D. Wayand: Aboriginal Rights - Then and Now u M. Pavcnik: Argument der Grundrechte u D. B. Boersema: What's Wrong with Rights? u E. E. Dais: A Kantian Critique of Justice Holmes's Rights Theory Social and Environmental Rights: B. M. Baker: The Welfare State: Objectives, Subordinate Principles and Justifying Grounds u U. Penski: Zur Begruendung und Struktur sozialer Rechte u H. LaFolette: Two Forms of Paternalism u L. J. Mazor: Social Justice / Asocial Injustice u D. Wood: Constitutional Minimalism and the Discretionary Power of the Welfare State u u.a. (shrink)

"Proceedings of the 11th IVR World Congress on Philosophy of Law and Social Philosophy... held on August 14-20, 1983 in Helsinki"--Introd.

The volume comprises a selection of papers delivered at the 24th IVR World Congress. All papers address the challenge of the construction of a Global Ethics in the context of fragmented and pluralist societies, in which the idea of an Ethical Space seems to be an unachievable project, but also an indispensable device for cooperation between individuals, communities and states.The idea of a Global Ethics is to be constructed from within different traditions and environments with a mutual understanding (...) and exchange of opinions. In this volume, we combine the ideas of Harmony (typical of the traditional Chinese legal philosophy) and of the Rule of Law (as it is understood in Western societies) to new ideals. By acknowledging the potential that these ideals have on a global scale, the papers of the first section, Ethical Dimensions of the Rule of Law address some of the key ethical problems in today's world. In a second section, some of the leading legal philosophers in China propose a way to incorporate the values of Harmony and of the Rule of Law into the Chinese Law and Society. (shrink)

This volume presents an extended version of the contributions presented at the workshop "Kant's Concept of Law" held at the 26th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR) in 2013. It handles issues of applied legal philosophy in Kant's Doctrine of Right such as ownership, the alleged right of necessity, the right of resistance and the right of revolution. With each of these applied issues, the focus lies, (...) on the one hand, on the relationship between the principles a priori of law and of the duties of rights, as well as their normative requirements - for instance, the duty of independence from the coercion by others - and, on the other hand, empirical situations and their pressing demands. Thus, this volume illustrates how Kant concretely conceives of the doctrine of "first metaphysical of the doctrine of right" as supplying "the immutable principles for any giving of positive law". Each essay of this volume not only undertakes a careful and original interpretation of Kant's theses, but also offers a critical assessment. (shrink)

Modern societies often claim to be democracies in order to enjoy greater legitimacy. Still, to understand the concept of democracy and how to justify it, the definition of it as self-determined is not sufficient. A complex understanding has to take into account ideas of rule of law as well as human rights. Sometimes these three concepts compete with each other - particularly in societies with a pluralistic approach to what "the good life" should be, such as societies which are made (...) up of distinct cultural backgrounds. This book presents a concept of democracy that encompasses at the same time the ideas of rule of law, human rights and self-determination. It contains the main lectures of the XXVI World Congress of Philosophy of Law and Social Philosophy, hosted by the Internationale Vereinigung fur Rechts- und Sozialphilosophie at the Universidade Federal de Minas Gerais (Brazil) in July 2013. (shrink)

Fifty years after the death of Edmund Husserl, the main founder of the phenomenological current of thought, we present to the public a four book collection showing in an unprecedented way how Husserl's aspiration to inspire the entire universe of knowledge and scholarship has now been realized. These volumes display for the first time the astounding expansion of phenomenological philosophy throughout the world and the enormous wealth and variety of ideas, insights, and approaches it has inspired. The basic (...) commitment to phenomenological concerns found in all this variety makes this collection a most signifi cant historical document. This second volume of the collection bears witness to a deliberate shift of attention from the earlier to the later phase of Husserl's reflections. We see how his issues - intersubjectivity, ethics, human encounter, the societal world, empathy, the sphere of the self, and the surpassing of dichotomies (bodylpsyche, etc.) - are now at the center of attention in the human sciences. Among the authors are H. Tellenbach, A. Rigobello, C. Balzer, C. Bjurvill, V. Molchanov, E. Syristova, O. Balaban, R. Boehm, M. Sancipriano, O. M. Anwar, Y. Okamoto, B. Holyst, T. Sodeika, and M. De Negri. The studies were gathered at the programs held by The World Institute for Advanced Phenomenological Research and Learning in the commemorative year 1988/1989, chiefly at the First World Congress of Phenomenology at Santiago de Compos tela, Spain, with the aim of assessing the current state of phenomenology. A-T. T. (shrink)

This book's aims are to determine the importance of legal philosophy in legal education and in addition to develop alternative methods for teaching law in general and the philosophy of law in particular. In this context, the individual essays in this volume discuss the alternatives and tendencies in the quest for an adequate model of teaching and learning jurisprudence. Common to all of them is a commitment to the necessary integration of theoretical and practical knowledge, of traditional case (...) and lecture methods with non-traditional models such as cinema, drama, and literature, and of the dominant legal perspective with alternative approaches utilizing information technologies such as computers and the internet. Effective teaching and learning must favor critical and strategic thinking, dialectical and dialogical inquiry or research, problem-solving, role-playing, and skill-developing over mere rote memorization of existing rules and standard answers. (shrink)

This volume contains a selection of papers presented at the special workshop "Truth and Objectivity in Law and Morals," held at the 26th World Congress of the IVR. The papers deal with diverse but correlated issues such as the search for truth in and through legal argumentation; the intelligible character of rules inside theories of interpretation which guarantee the coherence and the integrity of law; the role of hermeneutic analysis in the construction of the objectivity of law; the (...) procedural and contextual aspects of objectivity in legal reasoning; the role of objectivity in the distinction between the context of justification and the context of discovery; the problem about truth of normative propositions and legal statements; the incompatibility of non factualism with the traditional account of validity and legality; as well as the possibility of objectivity in morals. (shrink)

This volume marks a phase of accomplishment in the work of the World Phenomenology Institute in unfolding a dialogue between Occidental phenomenology and the Oriental/Chinese classic philosophy. Going beyond the stage of reception, the Oriental scholars show in this collection of studies their perspicacity and philosophical skills in comparing the concepts, ideas, the vision of classic phenomenology and Chinese philosophy toward uncovering their common intuitions. This in-depth probing aims at reviving Occidental thinking, reaching to its intuitive sources, (...) as well as providing Chinese thinking with a precise apparatus of expression toward its rejuvenation in a new significance. Studies by Korean and Chinese phenomenologists: Nam-In Lee, Inhui Park, Benjamin I. Schwartz, Anna-Teresa Tymieniecka, Sitansu Ray, Zhang Xian, Zhang Qingxiong, Tsung-I Dow, Ashok K. Gangadean, Yushiro Takei, Louise Sunderarajan, Gregory Tropea, James Sellmann, Tyong Bok Rhie, Sang-Ki Kim, Daniel Zelinski, Qingjie Wang, Calvin O. Schrag, Jung-Sun Han. (shrink)

The dynamic development of science and technology in the last decades has led to new challenges in jurisprudence. This holds for individual fields of doctrinal law as well as the concerned fields of jurisprudence. It is especially significant for the structure of justice, the efficiency of law as a steering instrument of society, and the empirical conditions of legal responsibility. In a jurisprudential perspective, the philosophy of law is rather engaged with the adaptiveness of its traditional principles and categories (...) or the capacity to come to terms with the new developments and less concerned with concrete matters of law. (shrink)

What might it be to write a post-colonial social science? And how might the intellectual legacy of Chinese classical philosophy—for instance Sun Tzu and Lao Tzu—contribute to such a project? Reversing the more usual social science practice in which EuroAmerican concepts are applied in other global locations, this paper instead considers how a “Chinese” term, _shi_ might be used to explore the UK’s 2001 foot-and-mouth epidemic. Drawing on anthropological insights into mis/translation between different worlds and their alternative (...) ways of knowing and being, the paper explores that epidemic in three differently inspired _shi_-inflected “empirical” accounts. The first uses Sun Tzu’s strategic understanding of _shi_ to tell a conventionally representational story. The second resists the causes and background factors implied in standard social science by offering a “light” and _shi_-inflected form of knowing. And the third combines the referentiality of social science with a Lao Tzu-informed commitment to the paradoxes of normative epigram. This third narrative thus illustrates the possible features of a situated and _shi_-inflected social science that recognizes that it participates in the contexted and immanent flows and counterflows of things in the world. The paper concludes by noting that such a _shi_-inflected social science is experimental, and suggests that it is important to explore a range of ways of reversing the flow of concepts between EuroAmerica and other global locations. (shrink)

Society has historically not taken a benign view of genetic disease. The laws permitting sterilization of the mentally re tarded~ and those proscribing consanguineous marriages are but two examples. Indeed as far back as the 5th-10th centuries, B.C.E., consanguineous unions were outlawed (Leviticus XVIII, 6). Case law has traditionally tended toward the conservative. It is reactive rather than directive, exerting its influence only after an individual or group has sustained injury and brought suit. In contrast, state legislatures have not been (...) inhibited in enacting statutes. Many of their products can be characterized as hasty, unnecessary, ill-conceived, and based on the heart rather than the head. Moreover the lack of expert consultation sought has also been remarkable. One state legislature, for example, has advocated immunization for sickle cell anemia! Many others have enacted laws for the screening of inborn errors of metabolism, e.g., phenylketon uria, but have poorly defined the lines of responsibility to secure compliance. A spate of specific disease-related bills has emerged in the u.S. Congress, each seeking recognition and appropriations. Sickle cell anemia, hemophilia, Cooley's anemia and Tay-Sachs disease have been among the front-runners for support. Finally, in 1975, Congress has begun to examine an omnibus bill concerning all forms of genetic disease. The bill, termed the National Genetic Diseases Act is, however, still far from being enacted. (shrink)

This article lies at the intersection of two problems: the one concerning the potential of fictional works to inform us about our social reality and foster our understanding of its various aspects, and the one concerning their potential to engage with philosophical issues. I bring these two together by analyzing the hit television series Law and Order: Special Victims Unit. According to my interpretation, the series is informative about our social world, and it raises philosophical concerns about (...) it. This makes it well-equipped to fulfill the educative function attributed to mass art by Noël Carroll, and to stand out as an example of what he calls popular philosophy. To support this interpretation, I rely on contemporary views regarding the nature of our engagements with fictional narratives. I then explore how philosophical concerns are generated and I elaborate on the role they have in deepening one’s understanding of one’s social circumstances. I further show how the series provides innovative and independent philosophical knowledge by means specific to the medium of generic serialized fiction. The central part of my argument is an analysis of the narrative strategies which enable the informative and philosophical aspects of the series to generate the series’ educative function. (shrink)

In early modern philosophy the motive of logical creation emerged in reaction to the Greek-Medieval legacy of a realistic metaphysics. The dominant nominalistic trends of thought since Thomas Hobbes and Immanuel Kant explored its rationalistic implications. The latter drew the radical (humanistic) conclusion that the laws of nature are present in human thought a priori (i.e. before all experience). The irrationalistic side of nominalism emphasized the uniqueness and individuality of events – thus leading to the historicism of the 19th (...) century and the subsequent linguistic turn. Kant influenced Husserl who, in turn, provided the point of departure for the ideas of Schutz, Berger and Luckmann – compare the joint work of Berger and Luckmann: Social construction of reality (1967). The contemporary “postmodern” idea that we create the world in which we live (either through thought, through language or through social practices) merely continues core elements of (early) modern philosophy. The underlying idea of autonomy highlights the difference between modern Humanism and a Christian view of reality, for in the latter human subjectivity is appreciated as being correlated with universal and constant principles that can only assume a positive shape through human activities of positivization (form-giving). The autonomy ideal of modern Humanism reifies the typical human freedom to positivize underlying principles. At the same time this reification on the one hand collapses the distinction between conditions and being conditioned and on the other it does not provide a basis for supra-individual standards of behaviour. (shrink)

In a response to John Rawls’s 1993 article entitled, “The Law of Peoples,” Karl-Otto Apel argues that the concept of “overlapping consensus” is not sufficient for a basis or foundation for global justice. Apel makes the claim that when Rawls transfers the problem of justification from a general moral conception of justice to overlapping consensus the “weight of justification” is transferred to a “freestanding” conception of justice. To the extent that it does this, Rawls’s theory fails to show why a (...) freestanding conception of justice ought to be acceptable. In order to do so, Apel believes that, since citizens’ reason must be addressed, the weight of justification for a freestanding view must be based on a philosophical consensus theory. This would not mean that the need of a factual consensus would be dispensed with. Rather, it would mean that a freestanding view would be grounded philosophically “by a conception of an ideal consensus that serves as a regulative principle for searching and also for questioning an overlapping consensus.”. (shrink)

This volume critically explore and extend Hayek's Nobel Prize-winning work on knowledge and social interconnectedness from the disciplines of law, economics, philosophy, anthropology, political science, and history. Hayek's insights about knowledge become even more important once it is recognized that nothing in the social world occurs in isolation. There is no such thing as a distinct economic, political, or social sphere--they are inextricably intertwined. Given the range of both Hayek's work and the contributing authors' perspectives, (...) the range of topics covered in this volume is extraordinarily wide, running the gamut from immigration, to white supremacy, to ancient agricultural practices, to the nature of what it means to be free. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 491 adequacy of his ideas. Yet our view of a person's character can govern our view of what he is trying to do. More specifically, if we think Dewey never completely abandoned the idealistic standpoint with its emphasis upon the harmony of self and community realization, that he sought out easy solutions to tough moral problems, we will not regard his work as making an honest attempt (...) even to face these problems. (Coughlan is very sympathetic to Randolph Bourne's criticism of Dewey on this point.) Viewing Dewey in this way, one is tempted to come to Coughlan's conclusion that there is an ambiguity in Dewey's philosophy about how values are created and, moreover, that this conclusion "haunts any philosophy.., that does not allow itself to appeal to some transcendent source" (pp. 161-162). By the time we reach this latter conclusion we have forgotten that the aim of Dewey's moral philosophy is not to point to some transcendent source that tells us what is "right" to do. Indeed, to the extent that we appeal to such a source, we are apt to ignore the existent factors that are responsible for creating the problem. Put another way, Dewey's standpoint requires that we reject the view that one of the parties to a moral conflict is wrong because he holds the wrong moral rule and the other right because he holds to some rule that truly tells us what we "ought" to do. Instead, he maintains that the origin of the conflict is within the situation itself, and the only way out of the conflict (if there is a way out) is to take advantage of or even reconstruct the factors in the situation. Instrumentalism is the position, itself always open to revision and reconstruction on particular points, that the philosopher can offer an interpretation of moral and political problems that makes them more amenable to resolution. The philosopher, unlike the casuist, cannot tell us what to do. He attempts to provide a conception of ourselves and our social situation that will enable us to go about doing. On specific matters, Coughlan uncovers much new and interesting information. To list only a few items: he points to the possible influence of a minister named Newman Smyth on Dewey's short-lived philosophy of "dynamic intuitionalism" as developed toward the end of the important 1884 paper, "The New Psychology." He gives the most complete account so far of Dewey's unsuccessful "Thought News" experiment at Michigan and of the early development of the organic circuit theory. He tells us something of the details of Vermont life that would tend to dispel the simplistic notion that Dewey's interest in democracy was a product of his growing up there. And--most interesting of ail--a fascinating chapter on the early life of Mead and his friend Castle reveals that at one point Mead was so reduced to despair at the prospect of a cold universe governed by the laws of Newtonian physics that he simply rid himself of it by maintaining that space is simply a construction of the optic nerve: "the three dimensions simply rest upon it!" (p. 128). It was a tough time to try to become a successful philosopher. His tendency to speculate about Dewey's motives aside, Coughlan has given us the most complete and carefully worked out treatment of the early years of Dewey's life. DONALD F. KOCH Michigan State University Human Reafity and the Social World: Ortega's Philosophy of History. By Oliver W. Holmes. (Amherst: University of Massachusetts Press, 1975. Pp. xi + 175. $12.50) Professor Holmes's study in intellectual history is an inquiry into the interrelationship of Ortega's social and intellectual experiences with the formation of his ideas. In the author's own words: "This essay attempts a systematic analysis of Ortega's philosophy of human reality, the social world, and history. The unified analysis of his philosophy drew heavily upon the traditions of historicism, phenomenology, and existentialism. Such was the influence of these philosophical traditions that Ortega became, at once, critic and representative of their respective positions, problems, and solutions" (p. vii). 492 HISTORY... (shrink)

Problems of the relationship between man and nature are becoming a steadily increasing portion of the questions facing modern civilization. Moreover, their character is changing significantly. Only two or three decades ago, the most acute problems were an unending list of "shortages" of one type or another, while the environment in which men lived was regarded primarily as a set of resources without which things could not be produced. Today it is the threat of excessive human influences on nature that (...) has taken center stage. The biosphere is beginning to be perceived on the level of its capacity to assimilate what has been produced, and the growing question is how best to combine the scientific-technological creations of man with the objective processes occurring in nature. (shrink)

In this paper, I examine the generally accepted idea that law has definite limits to what it can be used to achieve. Toward this end, I discuss the limits of law as suggested by the Truth Commissions and the Truth and Reconciliation Commissions (TRC), and summarize the divergences between law and the TRC. I suggest reasons why law may not serve or may underserve the purpose of healing and reconciliation in our time and conclude that the TRC is at best (...) a reminder to us of the limits of law as a principle of social ordering. (shrink)

This book examines the concepts of international law and international relations as they are developed in the social and political philosophy of G.W.F. Hegel. Hegel has a vision of a single modern social world, in which peoples and nation-states can co-exist under conditions of peace, justice, mutual respect, and prosperity.

In this paper I focus on the work of Sayyid Qutb and in particular his book Milestones, which is often regarded as the Communist Manifesto of Islamic fundamentalism. This paper has four main sections. First I outline Qutb’s political position and in particular examine his advocacy of offensive jihad. In section two I argue that there are a number of tendencies that make his position potentially more liberal that it is often taken to be. I here argue that there are (...) at least six reasons why Qutb’s position is not intrinsically as anti-liberal as it might at first appear. First, many western liberals, influenced by the social contract tradition, regard the legitimacy of their societies as based on popular sovereignty. Qutb, however, regards a society based on popular sovereignty, where law emerges from the will of man rather than the will of God, as a form of tyranny, so it would seem that he is in principle opposed to Western liberal societies. It is not clear, however, that we, or Islamic fundamentalist, need to regard Western liberal societies as based on popular sovereignty, for it is always possible to interpret Western political institutions through the lens of natural law theory, which was one of the main sources of the liberal tradition. In this section I will compare Qutb’s political philosophy with that of Aquinas to illustrate this point and suggest the possibility of secularists and puritan Islamists being able to form an overlapping consensus on the legitimacy of liberal Western societies. Secondly, there is an analogue to the social contract in Qutb’s own position as he believes that legitimate authority requires the free submission of the governed. Thirdly, Qutb is in principle a fallibilist about human reason; this fallibilism extends even to our capacity to interpret divine revelation. Fourthly, Islamic universalism requires that Muslims regard enemies they might be fighting as potential converts. Fifthly, Qutb, like most Sunni fundamentalists, is an implacable enemy of theocracy. And finally, Qutb is a gradualist. In the third section I argue that the real danger for liberal societies from believers in a position like Qutb’s is sociological rather than intrinsic to the ideology – specifically, that there is a danger that such groups may develop in a ‘Leninist’ direction. In the final section I argue that one of the main reasons for this danger is the lack of a consensus in the Islamic world about what it is to be a good, or even a true, Muslim, and that the slow emergence of some sort of consensus will require a vigorous public debate amongst Muslims. Western liberals should welcome such debate rather than fearing such, and should do all they can to ensure that civil society, both in Western societies and in predominantly Islamic societies, is open to such debate. (shrink)

For the first time, full coverage of the intersections of philosophy and law From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophicolegal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: *The modes (...) of knowing and the kinds of normativity used in the law *Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications *Current legal cultures-such as common law and civilian, European, and Aboriginal *Influential jurisprudents and their biographies *All influential schools and methods Coverage of all major historical, cultural, and geographical settings for legal philosophy A thorough understanding of any legal issue necessitates an acquaintance with its antecedents and its corollaries. Thus, added to the consideration of other current legal cultures outside of North America are treatments of other periods significant to legal thinking, such as the Hellenistic, Sixteenth-century, or Federalist. Discussion of the practice of legal philosophy today In every major area where public policy gives rise to philosophical inquiry regarding the law, debates and discussions are covered in full: tort reform, protection of life and death, gay rights, objectives in punishment, non-putative detention, international deterrence, legitimacy of government. And the historical and international dimensions of these issues-how they are resolved in other times and places-are not lost. Contributions from prominent legal and philosophical scholars from around the world The international array of more than 300 contributors from over forty countries complements the volume's international scope. With many contributors being forces in the very debates they write of, some fifty percent of them work in the law-as judges, jurists or jurisprudence-and another half are philosophers in the social sciences and humanities. Their work spans the practice that is taken for philosophy of law today. Special features *Contributions of more than 300 international scholars from more than 40 countires *Extensive bibliographies at the end of each entry *Detailed subject guide for easy access to the main topics covered *Comprehensive, analytical index. (shrink)

Along with competing legal concepts of positivism and gnoseologism in the second half of the 19th century, a direction of legal psychology was formed, within which the psychological theory of law by the Russian and Polish lawyer L.I. Petrazhitsky takes a prominent place. L.I. Petrazhitsky's legal theory interprets the law as a mental phenomenon in a person's mind. The mental life forms the internal and external legal behavior. Studying the law becomes possible only by analyzing the subject's particular kind of (...) emotional life - legal experience. Our focus on the individual's emotional world gives us reason to think of the theory as individualistic, i.e., close to the subject's mental life. At the same time, the Russian lawyer's psychological doctrine also gains explanatory potential for scrutinizing social life. It contains ideas that reveal such mechanisms of social functioning as the affirmation of the ideal of love as the ultimate goal of law-making, the priority of unofficial law in the life of society, and a specific interpretation of public and private law. The system of legal emotions is carried out on the social niveau and establishes such values as love and social order. The article reconstructs the main provisions of Petrazhitsky's psychological theory of law from the point of view of the interaction of its individual and social sides. The social potential of the Russian lawyer's theory appears capable of supplementing and explaining the ideas of socialism and sobornost discussed widely at the turn of the 19th and 20th centuries. Petrazhitsky's individualistic doctrine appears as a flexible concept, capable of fitting organically into various philosophical and sociological contexts. (shrink)