Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification—an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia—the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies—and a hopeful prospect for its future.
INDUCTION 9.1 ANALOGY AND LEGAL AND MORAL REASONING Analogical reasoning is among the most important forms of inductive reasoning used in everyday life ; it is also one of the most typical forms of reasoning used in legal and moral ...
... impartiality requires public officials to apply legal rules in an universalistic fashion , without favoring nor ... two parties who shared the same commitment to as well as the same interpretative framework of legal reasoning ) .
This book presents research in an interdisciplinary field, resulting from the vigorous and fruitful cross-pollination between traditional deontic logic and computer science. AI researchers have used deontic logic as one of the tools in modelling legal reasoning. Computer scientists have discovered that computer systems (including their interaction with other computer systems and with human agents) can often be productively modelled as norm-governed. So, for example, deontic logic has been applied by computer scientists for specifying bureaucratic systems, access and security policies, and soft design or integrity constraints, and for modelling fault tolerance. In turn, computer scientists and AI researchers have also discovered (and made it clear to the rest of us) that various formal tools (e.g. nonmonotonic, temporal and dynamic logics) developed in computer science and artificial intelligence have interesting applications to traditional issues in deontic logic. This volume presents some of the best work done in this area, with the selection at once reflecting the general interdisciplinary (and international) character that this area of research has taken on, as well as reflecting the more specific recent inter-disciplinary developments between traditional deontic logic and computer science.
This book presents research in an interdisciplinary field, resulting from the vigorous and fruitful cross-pollination between traditional deontic logic and computer science.
With an appendix providing a chronology, the Hebrew alphabet, weights, measures and coins, the Jewish calendar and a guide to further reading for easy reference, this is an accessible, user-friendly introduction which is indispensable to students as a starting point for studying the history, culture and development of the people of Israel.
With an appendix providing a chronology, the Hebrew alphabet, weights, measures and coins, the Jewish calendar and a guide to further reading for easy reference, this is an accessible, user-friendly introduction which is indispensable to ...
Sukirno , Sadono ( 1998 ) , Pengantar Teori Mikroekonomi . Raja Grafindo Persada . Jakarta . Qardhawi , Yusuf ( 1997 ) , ' Peran dan Nilai Moral dalam Perekonomian Islam ' . Terjemahan oleh KH . Didin Hafidhuddin MSc.dkk .
