106,14 zł

The Metaphorical Engine of Legal Reasoning and Legal Interpretation - Sylwia Wojtczak

Książki & Multimedia > Książki

Opis - (...) The main objective of the (...) monograph is to demonstrate the presence of metaphors in legal texts, and their consequences for legal reasoning and legal interpretation. While accomplishing this objective, S. Wojtczak accepts one of the fundamental theses of cognitive linguistics: metaphor is a key element of human cognition, and an analysis of the ways in which metaphors are constructed and construed may reveal to us much about how people think, how they infer, and, consequently, how they learn about the world. (...) However, the author rightly decides that legal sciences do not off er adequate instruments for the analysis of such problems. Th e methodological starting point of the discourse is, of course, legal theory and legal philosophy ("). The second discipline, which is very strongly manifested in the monograph, is one of the fields of linguistics " cognitive linguistics. (...) A merit of the monograph is its original, innovative set of research tools. (") These make it possible to formulate novel theses. Undoubtedly, they will become a point of reference for future legal research in the fi eld of general refl ection on law, particularly with problems concerning legal reasoning. (") [The] work of S. Wojtczak may also become an important argument in international debates focused on interpretation. dr. hab. Przemysław Kaczmarek, University of Wrocław Nazwa - The Metaphorical Engine of Legal Reasoning and Legal Interpretation Oryginalny tytuł - U Autor - Sylwia Wojtczak Oprawa - Twarda Wydawca - C.H. Beck Kod ISBN - 9788325596682 Kod EAN - 9788325596682 Rok wydania - 2017 Język - angielski Format - 15.2x21.1 Ilość stron - 238 Podatek VAT - 5%

Sklep: InBook.pl

97,00 zł

The Metaphorical Engine of Legal Reasoning and Legal Interpretation C.H. BECK

Wydawnictwa naukowe i popularno-naukowePrawo

(...) The main objective of the (...) monograph is to demonstrate the presence of metaphors in legal texts, and their consequences for legal reasoning and legal interpretation. While accomplishing this objective, S. Wojtczak accepts one of the fundamental theses of cognitive linguistics: metaphor is a key element of human cognition, and an analysis of the ways in which metaphors are constructed and construed may reveal to us much about how people think, how they infer, and, consequently, how they learn about the world. (...) However, the author rightly decides that legal sciences do not off er adequate instruments for the analysis of such problems. Th e methodological starting point of the discourse is, of course, legal theory and legal philosophy (?). The second discipline, which is very strongly manifested in the monograph, is one of the fields of linguistics ? cognitive linguistics. (...) A merit of the monograph is its original, innovative set of research tools. (?) These make it possible to formulate novel theses. Undoubtedly, they will become a point of reference for future legal research in the fi eld of general refl ection on law, particularly with problems concerning legal reasoning. (?) [The] work of S. Wojtczak may also become an important argument in international debates focused on interpretation.dr. hab. Przemysław Kaczmarek, University of Wrocław

Sklep: Booknet.net.pl

102,84 zł

The Metaphorical Engine of Legal Reasoning and Legal Interpretation C.H. BECK

Prawo / Prawo - książki dla praktyków

(...) The main objective of the (...) monograph is to demonstrate the presence of metaphors in legal texts, and their consequences for legal reasoning and legal interpretation. While accomplishing this objective, S. Wojtczak accepts one of the fundamental theses of cognitive linguistics: metaphor is a key element of human cognition, and an analysis of the ways in which metaphors are constructed and construed may reveal to us much about how people think, how they infer, and, consequently, how they learn about the world. (...) However, the author rightly decides that legal sciences do not off er adequate instruments for the analysis of such problems. Th e methodological starting point of the discourse is, of course, legal theory and legal philosophy (…). The second discipline, which is very strongly manifested in the monograph, is one of the fields of linguistics – cognitive linguistics. (...) A merit of the monograph is its original, innovative set of research tools. (…) These make it possible to formulate novel theses. Undoubtedly, they will become a point of reference for future legal research in the fi eld of general refl ection on law, particularly with problems concerning legal reasoning. (…) [The] work of S. Wojtczak may also become an important argument in international debates focused on interpretation. dr. hab. Przemysław Kaczmarek, University of Wrocław

Sklep: Literacka.pl

553,14 zł

Methods of Legal Reasoning Springer-Verlag New York Inc.

Książki / Literatura obcojęzyczna

Methods of Legal Reasoning describes and criticizes four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. The book takes the unusual approach of discussing in a single study four different, sometimes competing concepts of legal method. Sketched this way, the panorama allows the reader to reflect deeply on questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method.

Sklep: Libristo.pl

900,62 zł

Theory of Legal Principles Springer

Książki / Literatura obcojęzyczna

This book intends to help understand and apply principles and rules better. Its target is to keep the distinction between principles and rules whereas structuring it on different foundations than those jurisprudence ordinarily employs. The first object of investigation is the phenomenon of interpretation in Law in order to understand that the classification of certain normative species as either principles or rules depends in the first place on axiological connections that are not ready prior to the interpretation process that unveils them. Then, a definition of principles is proposed, aiming to understand what their unique characteristics are when compared to other norms of the legal order. Thirdly, the conditions for the application of principles and rules are examined, which are the normative applicative postulates. It will be shown, on one hand, that principles not only explicit values, but also set forth precise species of behaviors, though indirectly; on the other hand, the creation of conducts by rules is also to be weighed, even though the behavior set forth in advance may be overcome, depending on the accomplishment of a few requirements. That will surpass both the mere praise of values, which does not create behaviors, and the automatic application of rules. A model is proposed to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument, through the analytical reconstruction of the concrete use of normative postulates, especially those of reasonableness and proportionality. All of that is done with a focus on the ability of intersubjective control of the argumentation, which often degenerates into capricious decisionism.§"Although there are books about legal rules, and although the role of legal principles has been a focus of legal theory since Dworkin, there has yet to be a serious systematic study of what legal principles are, where they come from, how they are identified, and how precisely they intersect with other sources in legal argument and legal decision-making. Professor Avila's much-needed book fills this gap with rigor, depth, and creativity, and it should become essential reading for anyone interested in legal reasoning and legal argumentation." §Frederick Schauer, John F Kennedy School of Government, Harvard University, USA This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.

Sklep: Libristo.pl

850,98 zł

Studies in Legal Logic Springer-Verlag New York Inc.

Książki / Literatura obcojęzyczna

Studies in Legal Logic is a collection of nine interrelated papers about the logic, epistemology and ontology of law. All of the papers were written after the publication of the author s Reasoning with Rules and supplement the issues addressed therein. Some of the papers are new; others have been revised substantially after the publication of their original versions. The emphasis is on analysis, not on logical technicalities.Studies in Legal Logic contains chapters about the nature of norms, the role of coherence in the law, the nature of defeasibility, the role of dialectics in law and artificial intelligence, the statics and dynamics of the law, and the consistency of rules. Moreover, it contains a new, simplified and yet more powerful version of Reason-based Logic and extensive examples of how it can be used for the analysis of legal reasoning. The examples deal with legal theory construction, case-based reasoning, and judicial proof.

Sklep: Libristo.pl

730,18 zł

Essays in Legal Philosophy Oxford University Press

Książki / Literatura obcojęzyczna

Eugenio Bulygin is a distinguished representative of legal science and legal philosophy as they are known on the European continent - no accident, given the role of the civil law tradition in his home country, Argentina. Over the past half-century, Bulygin has engaged virtually all major legal philosophers in the English-speaking countries, including H.L.A. Hart, Ronald Dworkin, and Joseph Raz. Bulygin's essays, several written together with his eminent colleague and close friend Carlos E. Alchourron, reflect the genre familiar from Alf Ross's On Law and Justice, Hans Kelsen's Pure Theory of Law, and Georg Henrik von Wright's Norm and Action. Bulygin's wide-ranging interests include most of the topics found under the rubric of analytical jurisprudence - interpretation and judicial reasoning, validity and efficacy of law, legal positivism and the problem of normativity, completeness and consistency of the legal system, the nature of legal norms, and the role of deontic logic in the law. The reader will take delight in the often agreeably unorthodox character of Bulygin's views and in his hard-hitting arguments in defence of them.He challenges the received opinion on gaps in the law, on legal efficacy, on permissory norms, and on the criteria for legal validity. Bulygin's essays have been wellnigh inaccessible in the past, appearing in specialized journals, often in Spanish or German. They are now available for the first time in an English-language collection.

Sklep: Libristo.pl

1099,18 zł

Hart's Legal Philosophy Springer

Książki / Literatura obcojęzyczna

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work available to an international audience, but it also encourages increased aware ness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowned scholars. Legal philosophy should not be considered a narrowly circumscribed field. Insights into law and legal institutions can come from diverse disciplines on a wide range of topics. Among the relevant disciplines or perspectives contributing to legal philosophy, besides law and philosophy, are anthropol ogy, economics, political science, and sociology. Among the topics included in legal philosophy are theories of law; the concepts of law and legal institu tions; legal reasoning and adjudication; epistemological issues of evidence and procedure; law and justice, economics, politics, or morality; legal ethics; and theories of legal fields such as criminal law, contracts, and property.

Sklep: Libristo.pl

1143,29 zł

Theory of Constitutional Rights Oxford University Press

Książki / Literatura obcojęzyczna

In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work, available now for the first time in English reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect.A new postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.This book will be of central interest to all legal and constitutional theorists and human rights scholars.

Sklep: Libristo.pl

850,98 zł

Procedural Justice Springer

Książki / Literatura obcojęzyczna

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work available to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on fu- length scholary monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowned scholars. Legal philosophy should not be considered a narrowly circumscribed field. Insights into law and legal institutions can come from diverse disciplines on a wide range of topics. Among the relevant disciplines or perspectives contribut ing to legal philosophy, besides law and philosophy, are anthropology, economics, political science, and sociology. Among the topics included in legal philosophy are theories of law; the concepts of law and legal institutions; legal reasoning and adjudication; epistemological issues of evidence and pro cedure; law and justice, economics, politics, or morality; legal ethics; and theories oflegal fields such as criminal law, contracts, and property.

Sklep: Libristo.pl

206,84 zł

Dimensions of Private Law Cambridge University Press

Książki / Literatura obcojęzyczna

Anglo-American private law (the law governing mutual rights and obligations of individuals) has been a far more complex phenomenon than is usually recognized. Attempts to reduce it to a single explanatory principle, or to a precisely classified or categorized map, scheme, or diagram, are likely to distort the past by omitting or marginalizing material inconsistent with proposed principles or schemes. Many legal issues cannot be allocated exclusively to one category. Often several concepts have worked concurrently and cumulatively, so that competing explanations and categories are not so much alternatives, of which only one can be correct, as different dimensions of a complex phenomenon, of which several may be simultaneously valid and necessary. This 2003 study will be of importance to those interested in property, tort, contract, unjust enrichment, legal reasoning, legal method, the history of the common law, and the relation between legal theory and legal history.

Sklep: Libristo.pl

704,62 zł

Logic of Autonomy Bloomsbury Publishing

Książki / Literatura obcojęzyczna

Autonomy is the central idea of modern practical philosophy. Understood as self-legislation, autonomy seems to require that the validity of norms depends on recognition, namely, that their addressees, being autonomous agents, recognise these norms to be valid. But how can one be bound by norms whose validity depends on their being recognised as valid by their addressees? The questions of how autonomous morality and, on this basis, the authoritative character of law can be understood, present persistent puzzles that have been widely discussed, but still await a satisfactory solution. This book presents an analysis of the idea of autonomy as self-legislation and its consequences for law and morality. It links the idea of autonomy with the idea of the balancing of normative arguments, develops a notion of normative arguments as distinct from normative judgements and statements and explains claims to correctness and objectivity that are found in normative discourse. Thus, a 'logic of autonomy' emerges, and it is pervasive in normative reasoning.It connects theses regarding the logic of norms, the structure of balancing, human and fundamental rights, legal validity, legal interpretation, and the relations among legal systems, offering a theory of central elements of normative argumentation, a theory that is undergirded by the mutual relations that exist between and among its parts as well as through the relations that it bears to other theories. Moreover, it offers an alternative to Kantian notions of autonomy and provides solutions to problems that other theories have failed to master.

Sklep: Libristo.pl

220,00 zł

Virtual Arguments Asser Press

Prawo, akty prawne

Virtual Arguments examines assistance software; software which supports argumentative tasks and can help with the organization, visualization and evaluation of arguments. The main focus of the book is on defeasible argumentation. Argumentation is defeasible when it is possible that conclusions are withdrawn in the light of further argumentation. The domain of application is the law, where the defeasibility of argumentation is common and often essential. This interdisciplinary study reports on current research in artificial intelligence, legal theory and argumentation theory. It is relevant for all those who are interested in defeasible argumentation, legal reasoning and argument assistance software. The author combines theoretical reflection with illustrative examples and provides an overview of research into the design of argumentation software, which will be of interest both to researchers in the field of artificial intelligence and the law, and to legal practitioners.

Sklep: Albertus.pl

506,06 zł

Introduction to Veterinary Medical Ethics: Theo ry and Cases, Second Edition Iowa State University Press

Książki / Literatura obcojęzyczna

One of the most difficult issues that confronts veterinarians and staff today concerns the profession's obligation to the animal and the sometimes conflicting demands from clients, peers and society. The veterinarian's role has become more complex with new ethical challenges posed by issues such as growing public awareness regarding animal welfare, increasing economic value of companion animals, growth of veterinary specialization, experimentation with alternative and complementary medicine, and concern for pain management and mental well-being of animals. Written by an acknowledged pioneer in veterinary ethics, An Introduction to Veterinary Medical Ethics addresses the ethical challenges that veterinarians face daily as they seek to balance obligations to animal, client, peers, society and self. The book offers a highly readable and approachable introduction to the nature of ethical theory, reasoning and decision-making, and its practical application to veterinary medicine.Now with over 100 real-life veterinary case histories and analysis, this edition also includes new discussions of animal pain, distress and happiness, ethics of critical care, alternative medicine, legal status and value of animals, and Aesculapian authority. An Introduction to Veterinary Medical Ethics: Theory and Cases, Second Edition is recommended as essential reading for all veterinary students and practitioners, as well as those interested in general animal welfare. * New edition from an acknowledged pioneer in veterinary ethics * Addresses ethical challenges that veterinary medicine, with over 100 real-life cases * Includes new discussion of legal status and value of animals, alternative medicine, Aesculapian authority, ethics and critical care, and animal pain, distress and happiness * Ideal for veterinary students and practitioners

Sklep: Libristo.pl

651,04 zł

Big Tech and the Digital Economy Oxford University Press

Książki / Literatura obcojęzyczna

This book asks a simple question: are the tech giants monopolies? In the current environment of suspicion towards the major technology companies as a result of concerns about their power and influence, it has become commonplace to talk of Google, Facebook, Amazon, Apple, Microsoft, or Netflix as the modern day version of the 19th century trusts.In turn, the tech giants are vilified for a whole range of monopoly harms towards consumers, workers and even the democratic process. In the US and the EU, antitrust, and regulatory reform is on the way. Using economics, business and management science as well legal reasoning, this book offers a new perspective on big tech. It builds a theory of "moligopoly".The theory advances that the tech giants, or at least some of them, coexist both as monopolies and oligopoly firms that compete against each other in an environment of substantial uncertainty and economic dynamism. With this, the book assesses ongoing antitrust and regulatory policy efforts.It demonstrates that it is counterproductive to pursue policies that introduce more rivalry in moligopoly markets subject to technological discontinuities. And that non-economic harms like privacy violations, fake news, or hate speech are difficult issues that belong to the realm of regulation, not antimonopoly remediation.

Sklep: Libristo.pl

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