Reasoning in Ethics and Law: The Role of Theory Principles and Facts (Avebury Series in Philosophy)

Musschenga, Albert W.; Steen, Wim J. Van Der

ISBN 10: 0754610454 / ISBN 13: 9780754610458

Published by Ashgate Publishing Company, 1999

About this Item

pp. 222 This item is printed on demand.

Seller Inventory # 4379435

Bibliographic Details

• Title: Reasoning in Ethics and Law: The Role of Theory Principles and Facts (Avebury Series in Philosophy)
• Publisher: Ashgate Publishing Company
• Publication Date: 1999
• Language: English
• ISBN 10: 0754610454
• ISBN 13: 9780754610458
• Binding: Hardcover
• Condition: New

About this title

Synopsis

Legal and moral reasoning share much methodology, and they address similar problems. This volume charts two shared problems: the relation between theory, principles and particular judgments; and the role of facts and factual assertions in normative settings. The relation between 'theory' and 'practice' and between 'principle' and 'particular judgment' has become the subject of much debate in moral philosophy. In the ongoing debate, some moral philosophers refer to legal philosophy for a support of their views on the primacy of 'practice' over 'theory'. According to them, legal philosophy should have a more balanced view in that relation. In the contributions to Part One this claim is critically analysed. The role of the facts is underestimated in discussions on legal reasoning and legal theory, as well as moral reasoning and ethical theory. Factual statements enter into moral and legal discussions not only because they link the conclusion with a rule. They also play a role as background assumptions in supporting a theory. Its focus on the role of facts in normative reasoning makes this book of special interest to scholars of legal and moral argumentation.

About the Author

Albert W. Musschenga, Wim J. van der Steen