Law And The Limits Of Reason

Download or read book Law and the Limits of Reason written by Adrian Vermeule and published by Oxford University Press. This book was released on 2008-12-23 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human reason is limited. Given the scarcity of reason, how should the power to make constitutional law be allocated among legislatures, courts and the executive, and how should legal institutions be designed? In Law and the Limits of Reason, Adrian Vermeule denies the widespread view, stemming from Burke and Hayek, that the limits of reason counsel in favor of judges making "living" constitutional law in the style of the common law. Instead, he proposes and defends a "codified constitution" - a regime in which legislatures have the primary authority to develop constitutional law over time, through statutes and constitutional amendments. Vermeule contends that precisely because of the limits of human reason, large modern legislatures, with their numerous and highly diverse memberships and their complex internal structures for processing information, are the most epistemically effective lawmaking institutions.

Download or read book The Limits of Reason written by John A. Eisenberg and published by Transaction Publishers. This book was released on 1992-01-01 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through lucid theoretical analysis and his own extensive experience in these areas, he demonstrates that the outcomes of rationally conceived programs are usually at odds with the intended result. Eisenberg traces this failure to an intrinsic logical incompatibility between what reason tries to do and what it can do. Rational method is premised on the possibility of conceiving and correlating all operative factors in a given process. However, all such factors cannot be taken into account. Using a social variation of the "principle of indeterminancy," the author notes that reason cannot take itself into account any more than the eye can see itself seeing or the hand can grasp itself grasping. Similarly, reason cannot control how institutional structure affects social behavior, nor how legal language determines social reality. Eisenberg locates an intrinsic indeterminacy in society that precludes total or even substantial understanding and control of our destinies

Download or read book Cicero on Politics and the Limits of Reason written by Jed W. Atkins and published by Cambridge University Press. This book was released on 2013-10-17 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: A prolific philosopher who also held Rome's highest political office, Cicero was uniquely qualified to write on political philosophy. In this book Professor Atkins provides a fresh interpretation of Cicero's central political dialogues - the Republic and Laws. Devoting careful attention to form as well as philosophy, Atkins argues that these dialogues together probe the limits of reason in political affairs and explore the resources available to the statesman given these limitations. He shows how Cicero appropriated and transformed Plato's thought to forge original and important works of political philosophy. The book demonstrates that Cicero's Republic and Laws are critical for understanding the history of the concepts of rights, the mixed constitution and natural law. It concludes by comparing Cicero's thought to the modern conservative tradition and argues that Cicero provides a perspective on utopia frequently absent from current philosophical treatments.

Download or read book The Limits of Reason in Hobbes's Commonwealth written by Michael P. Krom and published by A&C Black. This book was released on 2011-10-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Limits of Reason in Hobbes's Commonwealth explores Hobbes's attempt to construct a political philosophy of enduring peace on the foundation of the rational individual. Hobbes's rational individual, motivated by self-preservation, obeys the laws of the commonwealth and thus is conceived as the model citizen. Yet Hobbes intimates that there are limits to what such an actor will do for peace, and that the glory-seeker - "too rarely found to be presumed on" - is capable of a generosity that is necessary for political longevity. Michael P. Krom identifies this as a fundamental contradiction in Hobbes's system: he builds the commonwealth on the rational actor, yet acknowledges the need for the irrational glory-seeker. Krom argues that Hobbes's attempt to establish a "king of the proud" fails to overcome the limits of reason and the precariousness of politics. This book synthesizes recent work on Hobbes's understanding of glory and political stability, challenging the view that Hobbes succeeds in incorporating glory-seekers into his political theory and explores the implications of this for contemporary political philosophy after Rawls.

Download or read book Kant: Religion Within the Boundaries of Mere Reason written by Immanuel Kant and published by Cambridge University Press. This book was released on 1998-11-26 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religion within the Boundaries of Mere Reason is a key element of the system of philosophy which Kant introduced with his Critique of Pure Reason, and a work of major importance in the history of Western religious thought. It represents a great philosopher's attempt to spell out the form and content of a type of religion that would be grounded in moral reason and would meet the needs of ethical life. It includes sharply critical and boldly constructive discussions on topics not often treated by philosophers, including such traditional theological concepts as original sin and the salvation or 'justification' of a sinner, and the idea of the proper role of a church. This volume presents it and three short essays that illuminate it in new translations by Allen Wood and George di Giovanni, with an introduction by Robert Merrihew Adams that locates it in its historical and philosophical context.

Download or read book The Expressive Powers of Law written by Richard H. McAdams and published by Harvard University Press. This book was released on 2015-02-09 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: When asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs. “McAdams’s account is useful, powerful, and—a rarity in legal theory—concrete...McAdams’s treatment reveals important insights into how rational agents reason and interact both with one another and with the law. The Expressive Powers of Law is a valuable contribution to our understanding of these interactions.” —Harvard Law Review “McAdams’s analysis widening the perspective of our understanding of why people comply with the law should be welcomed by those interested either in the nature of law, the function of law, or both...McAdams shows how law sometimes works by a power of suggestion. His varied examples are fascinating for their capacity both to demonstrate and to show the limits of law’s expressive power.” —Patrick McKinley Brennan, Review of Metaphysics

Download or read book The Limits of Blame written by Erin I. Kelly and published by Harvard University Press. This book was released on 2018-11-12 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.