Justice, law, and argument : essays on moral and legal reasoning
Author(s)
Bibliographic Information
Justice, law, and argument : essays on moral and legal reasoning
(Synthese library, v. 142)
D. Reidel Pub. Co , sold and distributed in the U.S.A. and Canada by Kluwer Boston, c1980
- : pbk
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Note
Chapters translated into English by various persons
Includes bibliographical references and indexes
Description and Table of Contents
- Volume
-
ISBN 9789027710895
Description
This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument (Routledge & Kegan Paul, London, 1963). The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the prime example of a "confused notion," of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P."
- Volume
-
: pbk ISBN 9789027710901
Description
This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument (Routledge & Kegan Paul, London, 1963). The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P.
Table of Contents
1. Concerning Justice.- Five Lectures on Justice.- 2. Justice and Its Problems.- 3. Equity and the Rule of Justice.- 4. On the Justice of Rules.- 5. Justice and Justification.- 6. Justice and Reason.- 7. Justice and Reasoning.- 8. Equality and Justice.- 9. Justice Re-examined.- 10. The Use and Abuse of Confused Notions.- 11. The Justification of Norms.- 12. Law and Morality.- 13. Law and Rhetoric.- 14. Legal Reasoning.- 15. Law, Logic and Epistemology.- 16. Law, Philosophy and Argumentation.- 17. What the Philosopher May Learn from the Study of Law.- Index of Names.- Index of Subjects.
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