Law and the Limits of Reason

Law and the Limits of Reason

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  • Author: Adrian Vermeule
  • Publisher: Oxford University Press
  • ISBN: 0199914095
  • Category : Law
  • Languages : en
  • Pages : 220

Law and the Limits of Reason asks "what are the consequences of recognizing the limits of reason within the legal system?" In particular, what are the consequences for the allocation of lawmaking authority among judges, legislators, and administrative agencies or executive officials? Vermeule examines the conditions under which the limits of reason support a greater or lesser allocation of authority to one institution or another.


On Law and Reason

On Law and Reason

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  • Author: Aleksander Peczenik
  • Publisher: Springer Science & Business Media
  • ISBN: 1402083815
  • Category : Law
  • Languages : en
  • Pages : 455

'This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.’ These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the book’s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (‘defeasible’) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail.


The Limits of Reason

The Limits of Reason

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  • Author: John A. Eisenberg
  • Publisher: Transaction Publishers
  • ISBN: 9781412837637
  • Category : Reference
  • Languages : en
  • Pages : 198

Through lucid theoretical analysis and his own extensive experience in these areas, he demonstrates that the outcomes of rationally conceived programs are usually at odds with the intended result. Eisenberg traces this failure to an intrinsic logical incompatibility between what reason tries to do and what it can do. Rational method is premised on the possibility of conceiving and correlating all operative factors in a given process. However, all such factors cannot be taken into account. Using a social variation of the "principle of indeterminancy," the author notes that reason cannot take itself into account any more than the eye can see itself seeing or the hand can grasp itself grasping. Similarly, reason cannot control how institutional structure affects social behavior, nor how legal language determines social reality. Eisenberg locates an intrinsic indeterminacy in society that precludes total or even substantial understanding and control of our destinies


Cicero on Politics and the Limits of Reason

Cicero on Politics and the Limits of Reason

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  • Author: Jed W. Atkins
  • Publisher: Cambridge University Press
  • ISBN: 1107513235
  • Category : Philosophy
  • Languages : en
  • Pages : 285

A prolific philosopher who also held Rome's highest political office, Cicero was uniquely qualified to write on political philosophy. In this book Professor Atkins provides a fresh interpretation of Cicero's central political dialogues - the Republic and Laws. Devoting careful attention to form as well as philosophy, Atkins argues that these dialogues together probe the limits of reason in political affairs and explore the resources available to the statesman given these limitations. He shows how Cicero appropriated and transformed Plato's thought to forge original and important works of political philosophy. The book demonstrates that Cicero's Republic and Laws are critical for understanding the history of the concepts of rights, the mixed constitution and natural law. It concludes by comparing Cicero's thought to the modern conservative tradition and argues that Cicero provides a perspective on utopia frequently absent from current philosophical treatments.


The Limits of Reason

The Limits of Reason

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  • Author: John A. Eisenberg
  • Publisher:
  • ISBN: 9780774403825
  • Category : Law
  • Languages : en
  • Pages : 184


The Limits of Reason in Hobbes's Commonwealth

The Limits of Reason in Hobbes's Commonwealth

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  • Author: Michael P. Krom
  • Publisher: A&C Black
  • ISBN: 1441182616
  • Category : Philosophy
  • Languages : en
  • Pages : 241

The Limits of Reason in Hobbes's Commonwealth explores Hobbes's attempt to construct a political philosophy of enduring peace on the foundation of the rational individual. Hobbes's rational individual, motivated by self-preservation, obeys the laws of the commonwealth and thus is conceived as the model citizen. Yet Hobbes intimates that there are limits to what such an actor will do for peace, and that the glory-seeker - "too rarely found to be presumed on" - is capable of a generosity that is necessary for political longevity. Michael P. Krom identifies this as a fundamental contradiction in Hobbes's system: he builds the commonwealth on the rational actor, yet acknowledges the need for the irrational glory-seeker. Krom argues that Hobbes's attempt to establish a "king of the proud" fails to overcome the limits of reason and the precariousness of politics. This book synthesizes recent work on Hobbes's understanding of glory and political stability, challenging the view that Hobbes succeeds in incorporating glory-seekers into his political theory and explores the implications of this for contemporary political philosophy after Rawls.


Law and the Limits of Reason

Law and the Limits of Reason

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  • Author: Adrian Vermeule
  • Publisher:
  • ISBN: 9780199855391
  • Category : Law
  • Languages : en
  • Pages : 211

Vermeule denies the view that the limits of reason counsel in favour of judges making 'living' constitutional law in the style of the common law. Instead, he proposes and defends a 'codified constitution' - a regime in which legislatures have the primary authority to develop constitutional law over time.


The Outer Limits of Reason

The Outer Limits of Reason

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  • Author: Noson S. Yanofsky
  • Publisher: MIT Press
  • ISBN: 026252984X
  • Category : Science
  • Languages : en
  • Pages : 419

This exploration of the scientific limits of knowledge challenges our deep-seated beliefs about our universe, our rationality, and ourselves. “A must-read for anyone studying information science.” —Publishers Weekly, starred review Many books explain what is known about the universe. This book investigates what cannot be known. Rather than exploring the amazing facts that science, mathematics, and reason have revealed to us, this work studies what science, mathematics, and reason tell us cannot be revealed. In The Outer Limits of Reason, Noson Yanofsky considers what cannot be predicted, described, or known, and what will never be understood. He discusses the limitations of computers, physics, logic, and our own intuitions about the world—including our ideas about space, time, and motion, and the complex relationship between the knower and the known. Yanofsky describes simple tasks that would take computers trillions of centuries to complete and other problems that computers can never solve: • perfectly formed English sentences that make no sense • different levels of infinity • the bizarre world of the quantum • the relevance of relativity theory • the causes of chaos theory • math problems that cannot be solved by normal means • statements that are true but cannot be proven Moving from the concrete to the abstract, from problems of everyday language to straightforward philosophical questions to the formalities of physics and mathematics, Yanofsky demonstrates a myriad of unsolvable problems and paradoxes. Exploring the various limitations of our knowledge, he shows that many of these limitations have a similar pattern and that by investigating these patterns, we can better understand the structure and limitations of reason itself. Yanofsky even attempts to look beyond the borders of reason to see what, if anything, is out there.


Kant: Religion Within the Boundaries of Mere Reason

Kant: Religion Within the Boundaries of Mere Reason

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  • Author: Immanuel Kant
  • Publisher: Cambridge University Press
  • ISBN: 9780521599641
  • Category : Philosophy
  • Languages : en
  • Pages : 276

Religion within the Boundaries of Mere Reason is a key element of the system of philosophy which Kant introduced with his Critique of Pure Reason, and a work of major importance in the history of Western religious thought. It represents a great philosopher's attempt to spell out the form and content of a type of religion that would be grounded in moral reason and would meet the needs of ethical life. It includes sharply critical and boldly constructive discussions on topics not often treated by philosophers, including such traditional theological concepts as original sin and the salvation or 'justification' of a sinner, and the idea of the proper role of a church. This volume presents it and three short essays that illuminate it in new translations by Allen Wood and George di Giovanni, with an introduction by Robert Merrihew Adams that locates it in its historical and philosophical context.


Legal Reasoning and Legal Theory

Legal Reasoning and Legal Theory

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  • Author: Neil MacCormick
  • Publisher: Clarendon Press
  • ISBN: 0191018597
  • Category : Law
  • Languages : en
  • Pages : 322

What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.