Interpretive Reasoning


Book Description

Laurent Stern here provides a concise account of the difficulties that arise within the interpretive process and in the context of interpretive conflict. Speakers and agents are expected by others to be occasionally insincere. Attempting to be tolerant of alternative interpretations, and dealing with the insincerity of others, often motivates interpreters themselves to become insincere. Accordingly, moral issues emerge for both speakers and interpreters. Interpretive Reasoning discusses such issues in the literature on interpretation.Stern offers a carefully argued account of the very idea of interpretation. What are the constraints on interpretations? What are our grounds for demanding that others agree with our interpretations? How do we support our interpretations? What are the types of interpretations we encounter? How are problems of first-person authority and self-knowledge connected with interpreting? While the author argues for interpretations supported by principles rather than by the consensus of interpreters, he also shows that even well-supported interpretations may be mistaken, and that some interpretive conflicts are interminable. Although this is a book in philosophy, scholars and students in the humanities, the social sciences, and disciplines concerned with interpretive reasoning can read it profitably.




Handbook of Legal Reasoning and Argumentation


Book Description

This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.




Subjectivism and Interpretative Methodology in Theory and Practice


Book Description

Contemporary social science in general and economics in particular are dominated by the method of logical positivism in the British tradition. In contrast to the British philosophy, Subjectivism and Interpretative Methodology in Theory and Practice adopts subjectivism and interpretation methodology to understand human behavior and social action. Unlike positivism, this subjectivist approach, with its root in German idealism, takes human experience as the sole foundation of factual knowledge. All objective facts have to be interpreted and evaluated by human minds. In this approach, experience, knowledge, expectation, plans, errors and revision of plans are key elements. Specifically, this volume uses the subjectivist approach originated in Max Weber’s interpretation method, Alfred Schutz’s phenomenology, and Peter Berger and Thomas Luckmann’s sociology of knowledge to understand economic and social phenomena. The method brings human agency back into the forefront of analysis, adding new insights not only in economics and management, but also in sociology, politics, psychology and organizational behavior.




Logic, Probability, and Presumptions in Legal Reasoning


Book Description

At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.




Reasoning with Law


Book Description

This book attempts to demonstrate how the problems of understanding legal reasoning replicate difficulties encountered in the philosophy of language. At the same time, it challenges the attempts that have been made to harness approaches from within that discipline to illuminate legal reasoning. An introductory section deals with some preliminary matters in considering the nature of the relationship between legal theory and the practice of law, the scope of legal reasoning, and the role of the judge. Then the suggestion is made that the practice at the heart of legal reasoning is itself a manifestation of the way in which the limitations of language and the incompleteness of human experience at the same time provide the opportunity for coherent development, as well as displaying an inherent instability. The final section considers some of the implications of this suggestion for the practice of legal definition, an institutional approach to law, the general possibility of providing a theoretical model of law, and the nature of law's critical aperture.




Objectivity in Jurisprudence, Legal Interpretation and Practical Reasoning


Book Description

This thought-provoking book explores the multifaceted phenomenon of objectivity and its relations to various aspects of jurisprudence, legal interpretation and practical reasoning. Featuring contributions from an international group of researchers from differing legal contexts, it addresses topics relevant not only from a theoretical point of view but also themes directly connected with legal and judicial practice.




Clinical Reasoning in the Health Professions


Book Description

Clinical reasoning is the foundation of professional clinical practice. Totally revised and updated, this book continues to provide the essential text on the theoretical basis of clinical reasoning in the health professions and examines strategies for assisting learners, scholars and clinicians develop their reasoning expertise. key chapters revised and updated nature of clinical reasoning sections have been expanded increase in emphasis on collaborative reasoning core model of clinical reasoning has been revised and updated




Research Handbook on Fundamental Concepts of Environmental Law


Book Description

This expanded and updated Research Handbook delivers an authoritative and in-depth guide to the conceptual foundations of environmental law. It offers a nuanced reflection on the underlying principles by exploring issues such as human rights, constitutional rights, sustainable development and environmental impact assessment within the context of environmental law.




Between Authority and Interpretation


Book Description

In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established. The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitimate law, while being a branch of applied morality, is also a relatively autonomous system, which has the potential to bridge moral differences among its subjects. Raz offers responses to some critical reactions to his theory of authority, adumbrating, and modifying the theory to meet some of them. The final part of the book brings together for the first time Raz's work on the nature of interpretation in law and the humanities. It includes a new essay explaining interpretive pluralism and the possibility of interpretive innovation. Taken together, the essays in the volume offer a valuable introduction for students coming for the first time to Raz's work in the philosophy of law, and an original contribution to many of the current debates in practical philosophy.




The Oxford Handbook of Organization Theory


Book Description

2) How has organization theory developed over time, and what structure has the field taken? What assumptions does knowledge produced in organization theory incorporate, and what forms do its knowledge claims take as they are put forward for public adoption? 3) How have certain well-known controversies in organization theory, such as for example, the structure/agency dilemma, the study of organizational culture, the different modes of explanation, the micro/macro controversy, and the differnet explanations produced by organizational economists and sociologists, been dealt with? 4) How, and in what ways, is knowledge generated in organization theory related to action? What features must organization theory knowledge have in order to be actionable, and of relevance to the world 'out there'? How have ethical concerns been taken into account in organization theory? 5) What is the future of organization theory? What direction should the field take? What must change in the way research is conducted and key theoretical terms are conceptualized so that organization theory enhances its capacity to generate valid and relevant knowledge?