Pragmatism, Holism, and the Concept of Law
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Jurisprudence--Philosophy Or Science Henry Rottschaefer
University of Minnesota Law School Scholarship Repository Minnesota Law Review 1927 Jurisprudence--Philosophy or Science Henry Rottschaefer Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Rottschaefer, Henry, "Jurisprudence--Philosophy or Science" (1927). Minnesota Law Review. 1465. https://scholarship.law.umn.edu/mlr/1465 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. MINNESOTA LAW REVIEW Journal of the State Bar Association VOLUI%1E 11 MARCH, 1927 No. 4 JURISPRUDENCE- PHILOSOPHY OR SCIENCE By HENRY ROTTSCHAEFER* T WOULD perhaps be practically impossible to secure for any definition of the term Jurisprudence any very general accep- tance. It is doubtful whether there exists even any general agree- ment as to what subjects are within its scope. The problem of whether, and in what sense, it is to be considered philosophy or science, cannot, however, be discussed without adopting at least some tentative notion of its meaning that shall serve as the basis for the discussion. This can be more effectively done by a general description of the types of problem usually dealt with in treatises and courses on Jurisprudence than by framing a logically correct definition that secured accuracy and completeness by resort to a convenient vagueness. Investigation discloses its use to denote lines of inquiry having little in common other than a professed interest in general questions and problems concerning law and justice. -
A Bibliography of Works on Reflexivity
A bibliography of works on reflexivity The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Peter Suber, A bibliography of works on reflexivity, in Self- Reference: Reflections on Reflexivity 259-362 (Peter Suber and Steven J. Bartlett 1987). Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:4725021 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Other Posted Material, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#LAA Peter Suber A Bibliography of \ \'orks on Reflexivity "I don't have to quote anybody else to say what I could say for myself." --Anon. Section One: Introduction . ·:Reflexivity" is the generic name for all kinds and species of CJrcu~an.ty. It includes the self-reference of signs, the self-appplication of pnn~J_Ples and predicates. the self-justification and self-refutation of propositiOns and inferences the self-fulfillment and self-falsification of pre?!ctions, the self-creati~n and self-destruction of logical and legal Cntilie~, the self-augmentation and self-limitation of powers, circular reasonmg, circular causation. cvclic and spiral recurrence, feedback ?ste~s, mutu~li.ty, recipr~city: and organic. fonn. .It includes the sallaciOus, the VICious, the tnvial, and the quesuon beggmg, but also the ound, the benign, the useful and the inescapable. It ranges from the Pro. sa1c· to the numinous, from' the paradoxical to the self-evident, from ~Ience to religion. -
Positivism and the Inseparability of Law and Morals
\\server05\productn\N\NYU\83-4\NYU403.txt unknown Seq: 1 25-SEP-08 12:20 POSITIVISM AND THE INSEPARABILITY OF LAW AND MORALS LESLIE GREEN* H.L.A. Hart made a famous claim that legal positivism somehow involves a “sepa- ration of law and morals.” This Article seeks to clarify and assess this claim, con- tending that Hart’s separability thesis should not be confused with the social thesis, the sources thesis, or a methodological thesis about jurisprudence. In contrast, Hart’s separability thesis denies the existence of any necessary conceptual connec- tions between law and morality. That thesis, however, is false: There are many necessary connections between law and morality, some of them conceptually signif- icant. Among them is an important negative connection: Law is, of its nature, morally fallible and morally risky. Lon Fuller emphasized what he called the “internal morality of law,” the “morality that makes law possible.” This Article argues that Hart’s most important message is that there is also an immorality that law makes possible. Law’s nature is seen not only in its internal virtues, in legality, but also in its internal vices, in legalism. INTRODUCTION H.L.A. Hart’s Holmes Lecture gave new expression to the old idea that legal systems comprise positive law only, a thesis usually labeled “legal positivism.” Hart did this in two ways. First, he disen- tangled the idea from the independent and distracting projects of the imperative theory of law, the analytic study of legal language, and non-cognitivist moral philosophies. Hart’s second move was to offer a fresh characterization of the thesis. -
Frege and the Logic of Sense and Reference
FREGE AND THE LOGIC OF SENSE AND REFERENCE Kevin C. Klement Routledge New York & London Published in 2002 by Routledge 29 West 35th Street New York, NY 10001 Published in Great Britain by Routledge 11 New Fetter Lane London EC4P 4EE Routledge is an imprint of the Taylor & Francis Group Printed in the United States of America on acid-free paper. Copyright © 2002 by Kevin C. Klement All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical or other means, now known or hereafter invented, including photocopying and recording, or in any infomration storage or retrieval system, without permission in writing from the publisher. 10 9 8 7 6 5 4 3 2 1 Library of Congress Cataloging-in-Publication Data Klement, Kevin C., 1974– Frege and the logic of sense and reference / by Kevin Klement. p. cm — (Studies in philosophy) Includes bibliographical references and index ISBN 0-415-93790-6 1. Frege, Gottlob, 1848–1925. 2. Sense (Philosophy) 3. Reference (Philosophy) I. Title II. Studies in philosophy (New York, N. Y.) B3245.F24 K54 2001 12'.68'092—dc21 2001048169 Contents Page Preface ix Abbreviations xiii 1. The Need for a Logical Calculus for the Theory of Sinn and Bedeutung 3 Introduction 3 Frege’s Project: Logicism and the Notion of Begriffsschrift 4 The Theory of Sinn and Bedeutung 8 The Limitations of the Begriffsschrift 14 Filling the Gap 21 2. The Logic of the Grundgesetze 25 Logical Language and the Content of Logic 25 Functionality and Predication 28 Quantifiers and Gothic Letters 32 Roman Letters: An Alternative Notation for Generality 38 Value-Ranges and Extensions of Concepts 42 The Syntactic Rules of the Begriffsschrift 44 The Axiomatization of Frege’s System 49 Responses to the Paradox 56 v vi Contents 3. -
Between Meaning and Essence Explaining Necessary Truth
This electronic thesis or dissertation has been downloaded from the King’s Research Portal at https://kclpure.kcl.ac.uk/portal/ Between meaning and essence explaining necessary truth Schieder-Hestermann, Jakob Awarding institution: King's College London The copyright of this thesis rests with the author and no quotation from it or information derived from it may be published without proper acknowledgement. END USER LICENCE AGREEMENT Unless another licence is stated on the immediately following page this work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International licence. https://creativecommons.org/licenses/by-nc-nd/4.0/ You are free to copy, distribute and transmit the work Under the following conditions: Attribution: You must attribute the work in the manner specified by the author (but not in any way that suggests that they endorse you or your use of the work). Non Commercial: You may not use this work for commercial purposes. No Derivative Works - You may not alter, transform, or build upon this work. Any of these conditions can be waived if you receive permission from the author. Your fair dealings and other rights are in no way affected by the above. Take down policy If you believe that this document breaches copyright please contact [email protected] providing details, and we will remove access to the work immediately and investigate your claim. Download date: 27. Sep. 2021 Between Meaning and Essence - Explaining Necessary Truth Dissertation zur Erlangung des akademischen Grades Doctor philosophiae (Dr. phil.) eingereicht an der Philosophischen Fakultät I der Humboldt Universität zu Berlin im Rahmen des Joint PhD Programms mit dem King’s College London Dissertation submitted to Philosophischen Fakultät I of Humboldt University Berlin as part of the Joint-PhD Program between Humboldt University Berlin and King’s College London von/by Jakob Schieder-Hestermann Präsidentin der Humboldt Universität zu Berlin: Prof. -
Law and Morality: a Kantian Perspective
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 1987 Law and Morality: A Kantian Perspective George P. Fletcher Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Jurisprudence Commons, and the Law and Philosophy Commons Recommended Citation George P. Fletcher, Law and Morality: A Kantian Perspective, 87 COLUM. L. REV. 533 (1987). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1071 This Article is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. LAW AND MORALITY: A KANTIAN PERSPECTIVE George P. Fletcher* The relationship between law and morality has emerged as the cen- tral question in the jurisprudential reflection of our time. Those who call themselves positivists hold with H.L.A. Hart' that calling a statute or a judicial decision "law" need not carry any implications about the morality of that statute or decision.2 Valid laws might be immoral or unjust. Those who resist this reduction of law to valid enactments sometimes argue, with Lon Fuller, that moral acceptability is a neces- sary condition for holding that a statute is law; 3 or, with Ronald Dworkin, that moral principles supplement valid enactments as compo- 4 nents of the law. Whether the positivists or their "moralist" opponents are right about the nature of law, all seem to agree about the nature of morality. We have to distinguish, it is commonly said, between conventional and critical morality. -
Natural Law, Justice and Democracy-Some Reflections on Three Types of Thinking About Law and Justice
NATURAL LAW, JUSTICE AND DEMOCRACY-SOME REFLECTIONS ON THREE TYPES OF THINKING ABOUT LAW AND JUSTICE FRIEDRICH KESSLERt This article deals with the role of a philosophy of natural law in our efforts to overcome the moral crisis of democracy. Only a few years ago such a paper hardly would.have found general interest. To be sure, Catholic philosophy of law, successfully resisting the trend of the times, never did aban don its philosophy of natural law. But outside of the ranks of Ca~holic philosophers of law the theory of natural law: was regarded as "an exploded theory, no longer accepted by any scholar of repute."l Positivism had won the day. Its victQry seemed so complete that many a positivist no longer felt the need for refuting the critique of natural law philoso phers, who ~nsisted on the shortcomings of positivism. Pos itivism "and de~ocracy were taken for granted. Questions as to the ultimate meaning of law and justice and their inter relationship were no longer asked. Such question!'3, positivists never tire to emphasize, cannot be answered scientifically at all and have, therefore, no place in a science of law. These problems are metalegal problems.2 The problem of justice, to quote a modern writer, must therefore be withdra~n from the insecure realm of subjective judgments of value [by establishing it] on the firm ground of a given social order ... Justice ip this sense is a quali- , ty which relates not to the content of a positive ~rder, but to its application. "Justice" means the mainte- tJ.U.D. -
The Philosophy of Natural Law of St. Thomas Aquinas
The Catholic Lawyer Volume 2 Number 1 Volume 2, January 1956, Number 1 Article 4 The Philosophy of Natural Law of St. Thomas Aquinas Miriam T. Rooney Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl Part of the Catholic Studies Commons This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. The Philosophy of Natural Law of St. Thomas Aquinas MIRIAM T. ROONEYt T HE UNUSUAL FEATURE of the 3rd annual Natural Law Conference of the Catholic Lawyers Guild of New York was the fact that it had as its main theme the practical application of Thomistic principles in respect to the virtue of Justice rather than merely their general consid- eration. The following introductory remarks of Dean Miriam Teresa Rooney should serve as a necessary philosophical supplement to such a program which had the solution of current, concrete social problems as its basic object. It was taken for granted by the speakers who dealt with Distributive, Commutative, Legal and Social Justice that St. Thomas provided the most exemplary expression of the traditional wisdom of Western morality. Dean Rooney's excellent summary of his fundamental teachings is therefore a logical preliminary to their approach which was based in the main upon the language and con- cepts of our time. Jurists and philosophers who are well read in current literature about legal theory are aware of at least three currents flowing into the main chan- nel. -
Reading Han Fei As “Social Scientist”: a Case-Study in “Historical Correspondence”
Comparative Philosophy Volume 4, No. 1 (2013): 90-102 Open Access / ISSN 2151-6014 www.comparativephilosophy.org READING HAN FEI AS “SOCIAL SCIENTIST”: A CASE-STUDY IN “HISTORICAL CORRESPONDENCE” HENRIQUE SCHNEIDER ABSTRACT: Han Fei was one of the main proponents of Legalism in Qin-era China. Although his works are mostly read from a historic perspective, the aim of this paper is to advance an interpretation of Han Fei as a “social scientist”. The social sciences are the fields of academic scholarship that study society and its institutions as a consequence of human behavior. Methodologically, social sciences combine abstract approaches in model- building with empiric investigations, seeking to prove the functioning of the models. In a third step, social sciences also aim at providing policy advice. Han Fei can be read as operating similarly. First, he builds a model of the nature of men, the state, and its interconnections, and then he uses history as empiric ground to prove his models. Again, after studying society as a “raw fact”, Han Fei develops models on how to deal with “society”. This article examines the “social scientific” inclinations of Han Fei by re-reading Chapter 49 of his book and applying an analysis in “historical correspondence”. This article serves as a case-study in this new type of analysis that can prove fruitful for the advancement of comparative philosophy. Keywords: Han Fei, Social Science, Qin, Chinese Legalism, Philosophy of Law 1. INTRODUCTION Han Fei (韓非, 280? – 233 b.c.e.) was one of the main proponents of Legalism in Qin-era China. -
Framed: Utilitarianism and Punishment of the Innocent
University at Buffalo School of Law Digital Commons @ University at Buffalo School of Law Journal Articles Faculty Scholarship Fall 2000 Framed: Utilitarianism and Punishment of the Innocent Guyora Binder University at Buffalo School of Law Nicholas J. Smith University of New Hampshire Follow this and additional works at: https://digitalcommons.law.buffalo.edu/journal_articles Part of the Criminal Law Commons, and the Philosophy Commons Recommended Citation Guyora Binder & Nicholas J. Smith, Framed: Utilitarianism and Punishment of the Innocent, 32 Rutgers L.J. 115 (2000). Available at: https://digitalcommons.law.buffalo.edu/journal_articles/285 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Journal Articles by an authorized administrator of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. FRAMED: UTILITARIANISM AND PUNISHMENT OF THE INNOCENT GuyoraBinder*andNicholas J. Smith" I. INTRODUCTION ......................................................................................116 II. THE DEBATE OVER PUNISHING THE INNOCENT ...................123................. A. The Charge...................................................................................123 B. Five Responses .............................................................................127 1. Acceptance ...............................................................................127 -
Remedying Some Defects in the History of Analyticity John Michael Carpenter
Florida State University Libraries Electronic Theses, Treatises and Dissertations The Graduate School 2012 Remedying Some Defects in the History of Analyticity John Michael Carpenter Follow this and additional works at the FSU Digital Library. For more information, please contact [email protected] THE FLORIDA STATE UNIVERSITY COLLEGE OF ARTS AND SCIENCES REMEDYING SOME DEFECTS IN THE HISTORY OF ANALYTICITY By JOHN MICHAEL CARPENTER A Dissertation submitted to the Department of Philosophy in partial fulfillment of the requirements for the degree of Doctor of Philosophy Degree Awarded: Fall Semester, 2012 Copyright © 2012 John Carpenter All Rights Reserved John Carpenter defended this dissertation on October 31, 2012. The members of the supervisory committee were: Russell Dancy Professor Directing Dissertation Michael Kaschak University Representative Michael Bishop Committee Member J. Piers Rawling Committee Member The Graduate School has verified and approved the above-named committee members, and certifies that the dissertation has been approved in accordance with university requirements. ii ACKNOWLEDGEMENTS I am delighted to have this opportunity to thank my committee members— Dr. Michael Bishop, Dr. Russell Dancy, Dr. Michael Kaschak, and Dr. J. Piers Rawling—not just for their support and attention directly related to this dissertation, but also for what I have learned from each throughout the years of taking their seminars and enjoying their company. Dr. Dancy, my supervisor, deserves special mention as one who was always willing to share his encyclopedic knowledge of philosophy, and who bore our philosophical disagreements with equanimity. I have benefitted from discussions with, and advice from Dr. Joshua Gert, John K. Harvey, Dr. -
Introduction to Philosophical Methods PHIL11132/PHIL11008 Msc/Pgdipl/Pgcert
Epistemology, Ethics and Mind SCHOOL of PHILOSOPHY, PSYCHOLOGY Online MSc/PGDipl/PGCert and LANGUAGE SCIENCES Introduction to Philosophical Methods PHIL11132/PHIL11008 MSc/PGDipl/PGCert Course Organiser: Prof. Jesper Kallestrup Course Lecturers: Dr Alistair Isaac Prof. Jesper Kallestrup Dr Suilin Lavelle Dr Debbie Roberts Course Secretary: Ms. Lynsey Buchanan Learning Technologist Dr Simon Fokt Epistemology, Ethics and Mind SCHOOL of PHILOSOPHY, PSYCHOLOGY Online MSc/PGDipl/PGCert and LANGUAGE SCIENCES Course aims and objectives This course offers an introduction to philosophical methodology, with a particular focus on thought experiments, conceptual analysis and the role of rational intuitions. Conceptual analysis was once considered to be of primary concern to philosophers: to understand what a particular property is, such as being morally good, being conscious, being caused, or being known, one must produce necessary and sufficient conditions for something to fall under the concept of that property. Moreover, such conditions must be spelled out in a way that is independent of the concept in question. For instance, to say that someone falls under the concept of pain if and only if they are in pain is uninformative. Next to all such analyses have been confronted with counterexamples that rely on rational intuitions about how to describe possible cases. For instance, to say that someone falls under the concept of pain if and only if they exhibit withdrawal behavior when prompted by tissue damage is informative, but also possibly false. Imagine a perfect actor pretending to suffer pain. In response, some philosophers have given up on conceptual analysis altogether, some have adopted various weaker kinds of conceptual entailments, and some have argued that such intuitions are defeasible if the conceptual analysis in question leads to an otherwise explanatorily powerful philosophical theory about the property in question.