Intention in Law and Philosophy

Intention in Law and Philosophy
Author :
Publisher : Routledge
Total Pages : 309
Release :
ISBN-10 : 9781351739184
ISBN-13 : 1351739182
Rating : 4/5 (84 Downloads)

Synopsis Intention in Law and Philosophy by : Ngaire Naffine

This title was first published in 2001. Legal systems are posited on the assumption that people are rational intentional agents who can choose to follow or break the law. This book connects the common interests of lawyers and philosophers in the meaning of intention and its relation to responsibility in legal, moral and political contexts.

The Nature of Legislative Intent

The Nature of Legislative Intent
Author :
Publisher : OUP Oxford
Total Pages : 318
Release :
ISBN-10 : 9780191645938
ISBN-13 : 0191645931
Rating : 4/5 (38 Downloads)

Synopsis The Nature of Legislative Intent by : Richard Ekins

Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.

Intention, Agency and Criminal Liability

Intention, Agency and Criminal Liability
Author :
Publisher : Wiley-Blackwell
Total Pages : 219
Release :
ISBN-10 : 0631153128
ISBN-13 : 9780631153122
Rating : 4/5 (28 Downloads)

Synopsis Intention, Agency and Criminal Liability by : Antony Duff

Reasons and Intentions in Law and Practical Agency

Reasons and Intentions in Law and Practical Agency
Author :
Publisher : Cambridge University Press
Total Pages : 343
Release :
ISBN-10 : 9781107070721
ISBN-13 : 1107070724
Rating : 4/5 (21 Downloads)

Synopsis Reasons and Intentions in Law and Practical Agency by : George Pavlakos

A collection of new essays on the interplay between intentions and practical reasons in law and practical agency.

Intention and Wrongdoing

Intention and Wrongdoing
Author :
Publisher : Cambridge University Press
Total Pages : 223
Release :
ISBN-10 : 9781316516522
ISBN-13 : 1316516520
Rating : 4/5 (22 Downloads)

Synopsis Intention and Wrongdoing by : Joshua Stuchlik

A comprehensive defense of the principle of double effect and the importance of intentions for normative ethics.

Intention

Intention
Author :
Publisher : Harvard University Press
Total Pages : 110
Release :
ISBN-10 : 0674003993
ISBN-13 : 9780674003996
Rating : 4/5 (93 Downloads)

Synopsis Intention by : G. E. M. Anscombe

Intention is one of the masterworks of twentieth-century philosophy in English. First published in 1957, it has acquired the status of a modern philosophical classic. The book attempts to show in detail that the natural and widely accepted picture of what we mean by an intention gives rise to insoluble problems and must be abandoned. This is a welcome reprint of a book that continues to grow in importance.

Philosophy of Law

Philosophy of Law
Author :
Publisher : Psychology Press
Total Pages : 262
Release :
ISBN-10 : 9780415334419
ISBN-13 : 0415334411
Rating : 4/5 (19 Downloads)

Synopsis Philosophy of Law by : Mark Tebbit

"Simultaneously published in the USA and Canada."

The Philosophy of Peter Abelard

The Philosophy of Peter Abelard
Author :
Publisher : Cambridge University Press
Total Pages : 398
Release :
ISBN-10 : 0521663997
ISBN-13 : 9780521663991
Rating : 4/5 (97 Downloads)

Synopsis The Philosophy of Peter Abelard by : John Marenbon

This book offers a major reassessment of the philosophy of Peter Abelard (1079-1142) which shows that he was a far more constructive and wider-ranging thinker than has usually been supposed. It combines detailed historical discussion, based on published and manuscript sources, with philosophical analysis which aims to make clear Abelard's central arguments about the nature of things, language and the mind, and about morality. Although the book concentrates on these philosophical questions, it places them within their theological and wider intellectual context.

Collective Action, Philosophy and Law

Collective Action, Philosophy and Law
Author :
Publisher : Routledge
Total Pages : 334
Release :
ISBN-10 : 9781000485950
ISBN-13 : 1000485951
Rating : 4/5 (50 Downloads)

Synopsis Collective Action, Philosophy and Law by : Teresa Marques

Collective Action, Philosophy and Law brings together two important strands of philosophical analysis. It combines general philosophical inquiry into collective agency with analyses of specific questions about plural entities and activities in the legal domain. These are issues of growing interest in areas of philosophy like action theory and social ontology, as well as in philosophy of law. The book contains 13 original chapters written by an international team of leading philosophers and legal theorists and is divided into 4 parts: The nature of law and of legislative intention Practical reasoning and duties Causality, blameworthiness and responsibility Citizens, states and institutions. These sections cut across, and build on, different accounts to advance the debate on classical and new issues in collective agency. Each part also features legal-philosophical analyses that draw on general accounts of collective agency to cast new light on the law, descriptive as well as normatively. Collective Action, Philosophy and Law is the first major interdisciplinary and multi-authored work bridging legal and philosophical approaches to collective agency. As such, it is essential reading for students and researchers of philosophy of law, ethics, political philosophy, jurisprudence and legal theory.

Philosophical Foundations of Contract Law

Philosophical Foundations of Contract Law
Author :
Publisher : OUP Oxford
Total Pages : 417
Release :
ISBN-10 : 9780191022081
ISBN-13 : 019102208X
Rating : 4/5 (81 Downloads)

Synopsis Philosophical Foundations of Contract Law by : Gregory Klass

In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.