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.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




The Constitution of Agency


Book Description

Christine M. Korsgaard is one of today's leading moral philosophers: this volume collects ten influential papers by her on practical reason and moral psychology. Korsgaard draws on the work of important figures in the history of philosophy such as Plato, Aristotle, Kant, and Hume, showing how their ideas can inform the solution of contemporary and traditional philosophical problems, such as the foundations of morality and practical reason, the nature of agency, and the role of the emotions in action. In Part 1, The Principles of Practical Reason, Korsgaard defends the view that the principles of practical reason are constitutive principles of action. By governing our actions in accordance with Kant's categorical imperative and the principle of instrumental reason, she argues, we take control of our own movements and so render ourselves active, self-determining beings. She criticizes rival attempts to give a normative foundation to the principles of practical reason, challenges the claims of the principle of maximizing one's own interests to be a rational principle, and argues for some deep continuities between Plato's account of the connection between justice and agency and Kant's account of the connection between autonomy and agency. In Part II, Moral Virtue and Moral Psychology, Korsgaard takes up the question of the role of our more passive or receptive faculties--our emotions and responses --in constituting our agency. She sketches a reading of the Nicomachean Ethics, based on the idea that our emotions can serve as perceptions of good and evil, and argues that this view of the emotions is at the root of the apparent differences between Aristotle and Kant's accounts of morality. She argues that in fact, Aristotle and Kant share a distinctive view about the locus of moral value and the nature of human choice that, among other things, gives them account of what it means to act rationally that is superior to other accounts. In Part III, Other Reflections, Korsgaard takes up question how we come to view one another as moral agents in Hume's philosophy. She examines the possible clash between the agency of the state and that of the individual that led to Kant's paradoxical views about revolution. And finally, she discusses her methodology in an account of what it means to be a constructivist moral philosopher. The essays are united by an introduction in which Korsgaard explains their connections to each other and to her current work.




Reasons and Intentions in Law and Practical Agency


Book Description

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




Between Authority and Interpretation


Book Description

Joseph Raz develops his work on some central questions in practical philosophy : legal, political and moral. This text provides an overview of Raz's views on the methodology of jurisprudence; on the nature of law and its relation to morality; on the justification of authority; and interpretation in law and the humanities.




Authority to Tread


Book Description

This practical manual on strategic-level spiritual warfare provides tools to train intercessors on effective breakthrough prayer that will bring about spiritual transformation.




Authority


Book Description

Authority is one of the key issues in political studies, for the question of by what right one person or several persons govern others is at the very root of political activity. In selecting key readings for this volume Joseph Raz concerns himself primarily with the moral aspect of political authority, choosing pieces that examine its justification, determine who is subject to it and who is entitled to hold it, and whether there are any general moral limits to it. The readings—by such modern political thinkeres as Robert Paul Wolff, H. L. A. Hart, G. E. M. Anscombe, and Ronald Dworkin—examine the basic moral issues and provide an essential introduction to the debate about the nature of authority for all students of political theory.




Torah


Book Description

The present volume explores the ever-evolving understandings and diverse manifestations of the Hebrew notion of torah in early Jewish and Christian literature and the different roles torah played within those communities, whether in Judea or in the Hellenistic and early Roman diaspora. This collection of essays is purposefully wide-ranging, with contributors exploring and rethinking some of the most basic scholarly assumptions and preconceptions about the nature of torah in light of new critical approaches and methodologies with the goal of seeing how different vantage points and different conclusions can better address the complexity of the topic and better reflect the ambiguity and fluidity inherent in the concept of torah itself. Contributors include Gabriele Boccaccini, Francis Borchardt, Calum Carmichael, Federico Dal Bo, Lutz Doering, Oliver Dyma, Paula Fredriksen, Robert G. Hall, Magnar Kartveit, Anne Kreps, David Lambert, Michael Legaspi, Jason A. Myers, Juan Carlos Ossandón Widow, Anders Klostergaard Petersen, Patrick Pouchelle, Jeremy Punt, Michael L. Satlow, Joachim Schaper, William Schniedewind, Elisa Uusimäki, Jacqueline Vayntrub, Jonathan Vroom, James W. Watts, Benjamin G. Wright III, and Jason M. Zurawski.




Law and Authority under the Guise of the Good


Book Description

The received view on the nature of legal authority contains the idea that a sound account of legitimate authority will explain how a legal authority has a right to command and the addressee a duty to obey. The received view fails to explain, however, how legal authority truly operates upon human beings as rational creatures with specific psychological makeups. This book takes a bottom-up approach, beginning at the microscopic level of agency and practical reason and leading to the justificatory framework of authority. The book argues that an understanding of the nature of legal normativity involves an understanding of the nature and structure of practical reason in the context of the law, and advances the idea that legal authority and normativity are intertwined. This point can be summarised thus: if we are able to understand both how the agent exercises his or her practical reason under legal directives and commands and how the agent engages his or her practical reason by following legal rules grounded on reasons for actions as good-making characteristics, then we can fully grasp the nature of legal authority and legal normativity. Using the philosophies of action enshrined in the works of Elisabeth Anscombe, Aristotle and Thomas Aquinas, the study explains practical reason as diachronic future-directed intention in action and argues that this conception illuminates the structure of practical reason of the legal rules' addressees. The account is comprehensive and enables us to distinguish authoritative and normative legal rules in just and good legal systems from 'apparent' authoritative and normative legal rules of evil legal systems. At the heart of the book is the methodological view of a 'practical turn' to elucidate the nature of legal normativity and authority.




Territory, Authority, Rights


Book Description

Where does the nation-state end and globalization begin? In Territory, Authority, Rights, one of the world's leading authorities on globalization shows how the national state made today's global era possible. Saskia Sassen argues that even while globalization is best understood as "denationalization," it continues to be shaped, channeled, and enabled by institutions and networks originally developed with nations in mind, such as the rule of law and respect for private authority. This process of state making produced some of the capabilities enabling the global era. The difference is that these capabilities have become part of new organizing logics: actors other than nation-states deploy them for new purposes. Sassen builds her case by examining how three components of any society in any age--territory, authority, and rights--have changed in themselves and in their interrelationships across three major historical "assemblages": the medieval, the national, and the global. The book consists of three parts. The first, "Assembling the National," traces the emergence of territoriality in the Middle Ages and considers monarchical divinity as a precursor to sovereign secular authority. The second part, "Disassembling the National," analyzes economic, legal, technological, and political conditions and projects that are shaping new organizing logics. The third part, "Assemblages of a Global Digital Age," examines particular intersections of the new digital technologies with territory, authority, and rights. Sweeping in scope, rich in detail, and highly readable, Territory, Authority, Rights is a definitive new statement on globalization that will resonate throughout the social sciences.