"Bartley and Radnitzky have done the philosophy of knowledge a tremendous service. Scholars now have a superb and up-to-date presentation of the fundamental ideas of evolutionary epistemology." --Philosophical Books.

According to Peirce, the value of the idea of freedom arises only to oppose the idea of necessity. Freedom emerges as a working value, a primary esthetic principle, in response to that which is perceived as fixed, determined, necessary, absolute. The idea of Freedom materializes, assumes a million appearances, wears its ten million masks......Freedom as the Freedom-to-Focus is a Peircean esthetic process that becomes realized through the three stages of Fragment/Fractal, Fact, Form. This triadic process corresponds to the semiotic functions (...) of Icon, Index, Symbol. Freedom's course is nonlineal, self-corrective, dynamic, open: Freedom is the occasion for Chaos, and Chaos is the locus of Form. (shrink)

The essays in this volume represent an approach to human knowledge that has had a profound influence on many recent thinkers. Popper breaks with a traditional commonsense theory of knowledge that can be traced back to Aristotle. A realist and fallibilist, he argues closely and in simple language that scientific knowledge, once stated in human language, is no longer part of ourselves but a separate entity that grows through critical selection.

This classic remains one of Karl Popper's most wide-ranging and popular works, notable not only for its acute insight into the way scientific knowledge grows, but also for applying those insights to politics and to history.

Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-32334. ISBN 1-886363-74-9. Cloth. $95. * Reprint of the first edition.

One of the most influential thinkers of the 20th century, Sir Karl Popper here examines the problems connected with human freedom, creativity, rationality and the relationship between human beings and their actions. In this illuminating series of papers, Popper suggests a theory of mind-body interaction that relates to evolutionary emergence, human language and what he calls "the three worlds." Rene; Descartes first posited the existence of two worlds--the world of physical bodies and the world of mental states. Popper argues for (...) the existence of "world 3" which comprises the products of our human minds. He examines the interaction between mental states--hopes, needs, plans, ideologies or hypotheses--and the physical states of our brain. Popper forcefully argues against the materialism forwarded by many philosophers which denies the existence of mental states. Instead, he demonstrates that the problem of the interaction between mental and physical states remains unresolved. Knowledge and the Body-Mind Problem is based on Popper's never-before published lectures at Emory University in 1969. Popper has extensively revised the lectures but has retained their accessible format. He has also incorporated some of the discussions which followed the lectures, providing an engaging exchange between the philosopher and his audience. (shrink)

For more than a century Western democracies have struggled to keep faith with both economic efficiency and social justice. Yet reconciliation of these factors remains as baffling as ever. Among the many voices clamoring today for a theory of collective action, we hear most often of the great chasm between?legitimacy? and?efficiency?. It is the contention of the authors of this ground-breaking book that these antinomies can be seen as distinct?moments of application? in the operation of normative judgement, and that a (...) reflexive treatment of norms of collective action, by clarifying limitations in rules and beliefs, allows us to develop mechanisms to correct the limiting effects of such judgements and act accordingly. Drawing on and developing recent trends in the social sciences, The Action of Norms presents a powerful new theory of governance with far-reaching implications for the future of law, the judiciary, and justice itself. Among the contributing modern ideas that are explained and developed as pillars of the authors? thesis are the following: critiques of the?political theory of interest groups?; the economic theory of efficiency; deliberative democracy; rational choice theory; the evolutionist debate; learning process theory; and the theory of risk. Lenoble and Maesschalck achieve a remarkable synthesis of relevant thought about forms of social organization?from Kant and Fichte through Hayek, Rawls, and Habermas to current theory?and place it at the service of a new and effective theory of the norm that promises to greatly elucidate the role of law and legal practice in the continuing development of democratic institutions. (shrink)

Even if Peirce were well understood and there existed· general agreement among Peirce scholars on what he meant by his semiotics, or philosophy of signs, the undertaking of this book-wliich intends to establish a theoretical foundation for a new approach to understanding the interrelations of law, economics, and politics against referent systems of value-would be a risky venture. But since such general agreement on Peirce's work is lacking, one's sense of adventure in ideas requires further qualification. Indeed, the proverbial nerve (...) for failure must in any case be attendant. If one succeeds, one has introduced for further inquiry the strong possibility that should our social systems of law, economics, and politics---our means of interpersonal transaction as a whole-be understood against the theoretical back ground of a dynamic, "motion-picture" universe that is continually becoming, that is infinitely developing and changing in response to genuinely novel elements that emerge as existents, then the basic concepts of rights, resources, and reality take on new dimensions of meaning in correspondence with n-dimensional, infinite value judgments or truth-like beliefs which one holds. If such a view, as Peirce maintained, were possible and tenable not only for philosophy but as the basis for action and interaction in the world of human experience and practical affairs, one would readily say that risk taking is a small price for the realization of such possibility. (shrink)

Later reprinted by Deborah Charles Publications (and not available from Amazon), this book expounds and comments on the application of Greimasian semiotics to a legal text, as found in the article by Greimas and Landowski in Greimas, Sémiotique et Sciences Sociales (1976), compares this with the semiotic presuppositions of Hart, Dworkin, MacCormick and Kelsen, and offers my own analysis of the implications of such semiotic analysis for legal theory, including some more recent radical non-positivist accounts.

This book reviews the classical schools of jurisprudence with particular reference to their linguistic presuppositions, and summarises an alternative account based on Paris school semiotics. Detailed ToC available from linked web page. NOT available from Amazon.

AbeBooks.com: The Technological Society.

"Lawyers and the law have long been the object of popular criticism and satire for the obscurity and incomprehensibility of their language. Legal Discourse provides a novel historical and systematic account of the language of the legal institution together with a sustained criticism of legal exegesis and `legalese' more generally. In the first part of the work the doctrinal history of the legal discipline and its concepts of language, text and sign are examined and assessed. In the second part the (...) contemporary disciples of linguistics, discourse analysis and communication studies are brought to bear upon the task of constructing a theory of legal discourse as a linguistics of legal power" -- Backcover. (shrink)

Law and the Unconscious: A Legendre Reader is e first work of the French legal philosopher Pierre Legendre to appear in English. Trained as a lawyer, a historian and a psychoanalyst, the work of Pierre Legendre has consistently confronted law with the teaching and methods of psychoanalysis. The present collection of essays addresses a fascinating and diverse set of themes including the doctrinal regulation of tears, dance and law, the desire for the absolute, the war of the texts, and the (...) power of the images. (shrink)

Cette édition numérique a été réalisée à partir d'un support physique, parfois ancien, conservé au sein du dépôt légal de la Bibliothèque nationale de France, conformément à la loi n° 2012-287 du 1er mars 2012 relative à l'exploitation des Livres indisponibles du XXe siècle. Pages de début Liminaire I - L'homme et son lieu Topologie et liturgie Lieu et non-lieu Non-expérience et non-événement L'avenir absolu : anticipation et conversion L'existence comme veille II - Expérience fondamentale L'écart par rapport à l'initial (...) comme principe herméneutique Hegel, l'eschaton dans l'en deçà de la mort Le site préeschatologique de la question de l'hommeJalons pour un traitement kénotique de la question de l'homme Pages de fin. (shrink)

This is a unique guide to one of the most exciting develpments within contemporary jurisprudence. It systematically applies a critical philosophy to the substance of common law, overviewing its politics and cultural significance.

_Conjectures and Refutations_ is one of Karl Popper's most wide-ranging and popular works, notable not only for its acute insight into the way scientific knowledge grows, but also for applying those insights to politics and to history. It provides one of the clearest and most accessible statements of the fundamental idea that guided his work: not only our knowledge, but our aims and our standards, grow through an unending process of trial and error.

Who presupposes Kelsen's basic norm? Is it possible to defend the presupposition in a way that is convincing? And what difference does the presupposition make? Endeavouring to highlight the role of basic assumptions in the law, the author argues that the verb "to presuppose', with Kelsen, has not only a conceptual but also a normative dimension; and that the expression 'presupposing the basic norm'is adequate in so far as it marks the descriptive-normative nature of utterances made in specifically legal speech-situations.Addressed (...) to legal theorists in general, the treatise purports to show that Kelsen's doctrine lends itself to an interpretation according to which the very act of "presupposing" the Grundnorm can be understood as a Grund, i.e. normative source of all positive law; and, what is more, that this interpretation admits of addressing the issue of the (formal) legitimacy of supra-national and directly applicable rules and other norms. (shrink)

Conklin's thesis is that the tradition of modern legal positivism, beginning with Thomas Hobbes, postulated different senses of the invisible as the authorising origin of humanly posited laws. Conklin re-reads the tradition by privileging how the canons share a particular understanding of legal language as written. Leading philosophers who have espoused the tenets of the tradition have assumed that legal language is written and that the authorising origin of humanly posited rules/norms is inaccessible to the written legal language. Conklin's re-reading (...) of the tradition teases out how each of these leading philosophers has postulated that the authorising origin of humanly posited laws is an unanalysable externality to the written language of the legal structure. As such, the authorising origin of posited rules/norms is inaccessible or invisible to their written language. What is this authorising origin? Different forms include an originary author, an a priori concept, and an immediacy of bonding between person and laws. In each case the origin is unwritten in the sense of being inaccessible to the authoritative texts written by the officials of civil institutions of the sovereign state. Conklin sets his thesis in the context of the legal theory of the polis and the pre-polis of Greek tribes. The author claims that the problem is that the tradition of legal positivism of a modern sovereign state excises the experiential, or bodily, meanings from the written language of the posited rules/norms, thereby forgetting the very pre-legal authorising origin of the posited norms that each philosopher admits as offering the finality that legal reasoning demands if it is to be authoritative. (shrink)

Minda (law, Brooklyn Law School) surveys the current state of legal scholarship and activism, describing movements that focus on the effects of law on human lives. He outlines the origins of modern normative and conceptual jurisprudence, discusses movements of the 1980s, and analyzes postmodern jurisprudence. He demonstrates how the new forms of scholarly discourse at the end of this century have ruptured the modern styles of jurisprudence, and how those discourses themselves have been reshaped by a postmodern perspective. Annotation copyright (...) by Book News, Inc., Portland, OR. (shrink)

A penetrating analysis of our technical civilization and of the effect of an increasingly standardized culture on the future of man.

Hayek's substantial contribution to theoretical psychology has been addressed in the work of Thomas Szasz, Gerald Edelman, and Joaquin Fuster.

Le disciple de René Girard se penche ici sur la question du bien et du mal dans les sociétés occidentales. Complètement laissée de côté par la pensée sociale et politique, elle resurgit pourtant douloureusement lors des attentats du 11 septembre 2001, et enraye depuis la mécanique économique et sociale.

_Oedipus Lex_ offers an original and evocative reading of legal history and institutional practice in the light of psychoanalysis and aesthetics. It explores the unconscious of law through a wealth of historical and contemporary examples. Peter Goodrich provides an anatomy of law's melancholy and boredom, of addiction to law, of legal repressions, and the aesthetics of jurisprudence. He retraces the genealogy of law and invokes the failures and exclusions—the poets, women, and outsiders—that legal science has left in its wake. Goodrich (...) analyzes the role and power of the image of law and details the history of law's plural jurisdictions and traditions of resistance to law. He explores mechanisms of repression and representation as constituents of modern subjectivity, using long-abandoned medieval texts and early appearances of feminism as resources for the understanding and renewal of legal scholarship. Not simply deconstruction but also reconstruction, this work is keenly attuned to the discontinuties, silences, and gaps in the cultural tradition called law. (shrink)

Bien avant l'existence d'un langage stabilisé dans des conventions sociales, l'intelligence humaine, comme l'intelligence animale, se meut dans un univers de signes - comme si le monde parlait de lui-même. Emergent alors des formes d'existence que Jean-Marc Ferry nous invite à explorer " de l'intérieur ". Il propose au lecteur un parcours où se révèle ce qui relie le monde humain au monde animal et ce qui l'en sépare. Ce parcours fascinant conduit à la découverte de grammaires dont les plus (...) archaïques, désormais " privées ", comme réfugiées dans la demeure de l'inconscient, sont bien éloignées de celles de notre langage public, édifié sur la différenciation des temps, des personnes, des genres, des cas, des voix et des modes. C'est là une architecture du langage dont l'auteur éclaire, dans une approche originale, la portée significative pour une forme d'existence émancipée. Sur cette architecture s'élabore l'intelligence critique qui ouvre au sens du droit, et offre à la liberté humaine la ressource décisive de son épanouissement... à moins que la subversion médiatique de la raison publique n'entrave ce développement, en favorisant les automatismes de nos " grammaires enfouies ", grammaires subliminales des associations d'images et des imputations de rôles. (shrink)