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The Force of Law Reaffirmed

The Force of Law Reaffirmed

Springer International Publishing AG
2016
sidottu
This book examines the success of Frederick Schauer’s efforts to reclaim force as a core element of a general concept of law by approaching the issue from different legal traditions and distinct perspectives. In discussing Schauer’s main arguments, it contributes to answering the question whether force, sanctions and coercion should (or should not) be regarded as necessary elements of the concept of law, and whether legal philosophy should be concerned at all (or exclusively) with necessary or essential properties.While it was long assumed that legal norms are essentially defined by their force, it was H.L.A. Hart who raised doubts about whether law and coercion are necessarily connected, referring to the empowering, or more generally enabling, character exhibited by some legal norms. Prominent scholars following and refining Hart’s argument built an influential case for excluding force as a necessary element of the concept of law. Most recently, however, Frederick Schauer has made a strong case to reaffirm the force of law, shedding new light on this essential question. This book collects important commentaries, never before published, by prominent legal philosophers evaluating Schauer’s substantive arguments and his claims about jurisprudential methodology.
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The Non-Reificatory Approach to Belief

The Non-Reificatory Approach to Belief

Richard Floyd

Springer International Publishing AG
2017
sidottu
This book argues against the mainstream view that we should treat propositional attitudes as internal states, suggesting that to treat beliefs as things of certain sort (i.e. to reify them) is a mistake. The reificatory view faces several problems that the non-reificatory view avoids, and it is argued the non-reificatory view is more faithful to the everyday concept of belief. There are several major reasons why it might be thought that a reificatory approach to mental states is nevertheless unavoidable, but this book attempts to show that none of these reasons is at all convincing; in each case, the evidence is consistent with a non-reificatory view. Having argued that the popularity of the reificatory view is unjustified, the author examines history of psychology and philosophy of mind, and the structure of psychological language, in order to show that this popularity is quite understandable, but mistaken nonetheless.
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The Force of Law Reaffirmed

The Force of Law Reaffirmed

Springer International Publishing AG
2018
nidottu
This book examines the success of Frederick Schauer’s efforts to reclaim force as a core element of a general concept of law by approaching the issue from different legal traditions and distinct perspectives. In discussing Schauer’s main arguments, it contributes to answering the question whether force, sanctions and coercion should (or should not) be regarded as necessary elements of the concept of law, and whether legal philosophy should be concerned at all (or exclusively) with necessary or essential properties.While it was long assumed that legal norms are essentially defined by their force, it was H.L.A. Hart who raised doubts about whether law and coercion are necessarily connected, referring to the empowering, or more generally enabling, character exhibited by some legal norms. Prominent scholars following and refining Hart’s argument built an influential case for excluding force as a necessary element of the concept of law. Most recently, however, Frederick Schauer has made a strong case to reaffirm the force of law, shedding new light on this essential question. This book collects important commentaries, never before published, by prominent legal philosophers evaluating Schauer’s substantive arguments and his claims about jurisprudential methodology.
Vertaile hintoja
The Non-Reificatory Approach to Belief

The Non-Reificatory Approach to Belief

Richard Floyd

Springer International Publishing AG
2018
nidottu
This book argues against the mainstream view that we should treat propositional attitudes as internal states, suggesting that to treat beliefs as things of certain sort (i.e. to reify them) is a mistake. The reificatory view faces several problems that the non-reificatory view avoids, and it is argued the non-reificatory view is more faithful to the everyday concept of belief. There are several major reasons why it might be thought that a reificatory approach to mental states is nevertheless unavoidable, but this book attempts to show that none of these reasons is at all convincing; in each case, the evidence is consistent with a non-reificatory view. Having argued that the popularity of the reificatory view is unjustified, the author examines history of psychology and philosophy of mind, and the structure of psychological language, in order to show that this popularity is quite understandable, but mistaken nonetheless.
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