Maciej Dybowski – författare
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Kommande
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This book engages the field of practice theory in order to consider law as a social practice.
Taking up the theoretical concept of practices, the contributors to this volume maintain that law can be fruitfully understood as one among other social practices. Including perspectives from philosophers of language, experts in practice theory, linguists and legal philosophers, the book examines the twin questions of what it means for law to be considered a practice, and what law’s place is among other social practices. The book is comprised of three parts. The first provides a broad methodological framework for discussing how the concept of practice is used in the social sciences, and in law. The second deals with specific problems arising from the use of the concept of practice in the legal context, and from the intersection of different social practices. The third part identifies and addresses the consequences of applying insights from practice theory to law. Together, they offer a comprehensive consideration of what is at stake in understanding law as a social practice.
This book will appeal to sociolegal scholars, sociologists of law, philosophers of language and action, as well as philosophers of law and legal theorists.
Chapter 15 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution (CC-BY) 4.0 license.
Chapter 8 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-ShareAlike (CC-BY-SA) 4.0 license.
665 kr
Läs direkt efter köp
This book engages the field of practice theory in order to consider law as a social practice.
Taking up the theoretical concept of practices, the contributors to this volume maintain that law can be fruitfully understood as one among other social practices. Including perspectives from philosophers of language, experts in practice theory, linguists and legal philosophers, the book examines the twin questions of what it means for law to be considered a practice, and what law’s place is among other social practices. The book is comprised of three parts. The first provides a broad methodological framework for discussing how the concept of practice is used in the social sciences, and in law. The second deals with specific problems arising from the use of the concept of practice in the legal context, and from the intersection of different social practices. The third part identifies and addresses the consequences of applying insights from practice theory to law. Together, they offer a comprehensive consideration of what is at stake in understanding law as a social practice.
This book will appeal to sociolegal scholars, sociologists of law, philosophers of language and action, as well as philosophers of law and legal theorists.
Chapter 15 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution (CC-BY) 4.0 license.
Chapter 8 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-ShareAlike (CC-BY-SA) 4.0 license.
997 kr
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Theory of Legal Evidence - Evidence in Legal Theory
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Theory of Legal Evidence - Evidence in Legal Theory
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Languages of the Law
Vocabularies and Uses
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Law can be seen as a motley of different languages deployed in the legal domain. The authors of the chapters share interest in what determines the scope of the vocabulary of these languages as well as in the way they are used. Thus, both the linguistic and pragmatic turns occurring in the philosophy of language are explored as exercising not mere ripple effects on legal scholarship, but rather as having a huge impact on jurisprudence.
The chapters in this volume tackle three broad problem areas to offer a coherent picture of languages of the law. The first section is devoted to legal language at large, including reflections on its nature and some distinct functions it performs in the legal domain. The second section of the book focuses on the distinctly legal and pragmatic dimensions of some fragments of vocabulary, used either in legal texts or in legal scholarship. In the third section of the volume, authors research specific questions regarding legal language and legal reasoning.
Languages of the Law
Vocabularies and Uses
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The book is dedicated to the theoretical problems concerning ratio legis. In the contexts of legal interpretation and legal reasoning, the two most important intellectual tools employed by lawyers, ratio legis would seem to offer an extremely powerful argument. Declaring the ratio legis of a statute can lead to a u-turn argumentation throughout the lifespan of the statute itself – in parliament, or in practice during court sessions, when it is tested against the constitution.
Though the ratio legis argument is widely used, much about it warrants further investigation. On the general philosophical map there are many overlapping areas that concern different approaches to human rationality and to the problems of practical reasoning. Particular problems with ratio legis arise in connection with different perspectives on legal philosophy and theory, especially in terms of the methods that lawyers use for legal interpretation and argumentation. These problems can be further subdivided into particular aspects of activities undertaken by lawyers and officials who use the ratio legis in their work, and the underlying theories. In short, this book examines what ratio legis is, what it could be, and its practical implications.