Naturalism And The Frontiers Of Legal Science

The essay discusses one of the challenges to the methodology of the law - a new wave of naturalistic approaches. The book aims to outline how these new developments affect studying and explaining the law. It distinguishes two fundamentally different models of the scientific inquiry of the law and discusses the nature of its scientific status....

Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revisedversions of ten of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect the Realist program to themethodology debate in contemporary jurisprudence; and explore the general implications of a naturalistic world view for problems about the objectivity of law and morality. Leiter has supplied a lengthy new introductory essay, as well as postscripts to several of the essays, in which he responds tochallenges to his interpretive and philosophical claims by academic lawyers and philosophers.This volume will be essential reading for anyone interested in jurisprudence, as well as for philosophers concerned with the consequences of naturalism in moral and legal philosophy.

In legal jurisprudence, the phenomenon of “hard cases” presents itself as a dilemma between the legal positivists and the natural law realists. Of the former, without the metaphysical underpinnings of an objective legal or moral standard, the legal positivists cannot supply convincing arguments to supplant the sovereign as the origin and authority of law. The natural law realists face the problem of justifying the natural law. Against both views, S. Zinaich Jr. defends a middle position, Analytical Legal Naturalism (ALN). It represents an analytic norm, both necessarily true and known a posteriori. Against the legal positivists, it supplies an objective legal standard by removing--at least for hard cases--the necessity of the will of a sovereign authority. Against the natural law realists, ALN provides a nonmoral standard which, because of its analyticity and necessity, avoids the need for metaethical speculation. Finally, ALN provides a standard that not only supplies the universalizable punch to avoid political subjectivism, but does so in a conventional manner. Thus, ALN does not require a moral or modal reality as truth-making characteristics. Rather, it makes what is legally valuable or disvaluable dependent upon empirically verifiable facts that are legally relevant.

This edited collection draws together papers delivered at a symposium on New Frontiers in Empirical Labour Law Research held at the University of Cambridge in April 2014. It contains contributions from established and emerging experts across a range of disciplines (including employment relations, industrial psychology, sociology, economics and political science) to consider four broad themes: the case for empiricism in labour law; the potential for mixed methods; methodological possibilities and insights from other disciplines; and practical challenges and words of caution for those conducting empirical research. This collection seeks to cultivate confidence and competence in empirical methods among both established and young labour law scholars, through an intergenerational and interdisciplinary 'lessons learned' dialogue. It contributes to the broader debate regarding empirical research methods in labour law, and casts light on how empirical research can be conducted in highly contested fields to enhance labour law policy-making. This collection aims to inspire labour lawyers to embark upon new forms of empirical research, both to enrich their existing research projects, and to ask new research questions. It offers the first stage of a collaborative and interdisciplinary dialogue on empirical labour law research, to emphasise the importance of collaboration and intergenerational mentoring in building empirical capacity.

This important book offers an ambitious and interdisciplinary vision of how private international law (or the conflict of laws) might serve as a heuristic for re-working our general understandings of legality in directions that respond to ever-deepening global ecological crises. Unusual in legal scholarship, the author borrows (in bricolage mode) from the work of Bruno Latour, alongside indigenous cosmologies, extinction theories and Levinassian phenomenology, to demonstrate why this field's specific frontier location at the outpost of the law – where it is viewed from the outside as obscure and from the inside as a self-contained normative world – generates its potential power to transform law generally and globally. Combining pragmatic and pluralist theory with an excavation of 'shadow' ecological dimensions of law, the author, a recognised authority within the field as conventionally understood, offers a truly global view. Put simply, it is a generational magnum opus. All international and transnational lawyers, be they in the private or public field, should read this book.

This innovative book presents candid, informal debates among scholars who examine the benefits and problems of studying science in the same way that scientists study the natural world.

Sanford Schwartz offers a penetrating new reading of Lewis's celebrated Space Trilogy. Taken together, Schwartz's readings call into question Lewis's self-styled image as a "dinosaur" out of step with the main currents of modern thought. Far from a simple struggle between an old-fashioned Christian humanism and a newfangled heresy, Lewis's Space Trilogy should be seen as the searching effort of a modern religious apologist to sustain and enrich the former through critical engagement with the latter.

Philosophy of religion has experienced a renaissance in recent times, paralleling the resurgence in public debate about the place and value of religion in contemporary Western societies. The Routledge Handbook of Contemporary Philosophy of Religion is an outstanding reference source to the key topics, problems and debates in this exciting subject. Comprising over thirty chapters by a team of international contributors, the Handbook is divided into seven parts: theoretical orientations conceptions of divinity epistemology of religious belief metaphysics and religious language religion and politics religion and ethics religion and scientific scrutiny. Within these sections central issues, debates and problems are examined, including: religious experience, religion and superstition, realism and anti-realism, scientific interpretation of religious texts, feminist approaches to religion, religion in the public square, tolerance, religion and meta-ethics, religion and cognitive science, and the meaning of life. Together, they offer readers an informed understanding of the current state of play in the liveliest areas of contemporary philosophy of religion. The Routledge Handbook of Contemporary Philosophy of Religion is essential reading for students and researchers of philosophy of religion from across the Humanities and Social Sciences.