Related Research Articles
Casuistry is a process of reasoning that seeks to resolve moral problems by extracting or extending abstract rules from a particular case, and reapplying those rules to new instances. This method occurs in applied ethics and jurisprudence. The term is also used pejoratively to criticise the use of clever but unsound reasoning, especially in relation to ethical questions. It has been defined as follows:
Study of cases of conscience and a method of solving conflicts of obligations by applying general principles of ethics, religion, and moral theology to particular and concrete cases of human conduct. This frequently demands an extensive knowledge of natural law and equity, civil law, ecclesiastical precepts, and an exceptional skill in interpreting these various norms of conduct....
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
"The Unreasonable Effectiveness of Mathematics in the Natural Sciences" is a 1960 article written by the physicist Eugene Wigner, published in Communication in Pure and Applied Mathematics. In it, Wigner observes that a theoretical physics's mathematical structure often points the way to further advances in that theory and to empirical predictions. Mathematical theories often have predictive power in describing nature.
In jurisprudence and legal philosophy, legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality. This contrasts with natural law theory, which holds that law is necessarily connected to morality in such a way that any law that contradicts morality lacks legal validity.
Law and economics, or economic analysis of law, is the application of microeconomic theory to the analysis of law. The field emerged in the United States during the early 1960s, primarily from the work of scholars from the Chicago school of economics such as Aaron Director, George Stigler, and Ronald Coase. The field uses economics concepts to explain the effects of laws, assess which legal rules are economically efficient, and predict which legal rules will be promulgated. There are two major branches of law and economics; one based on the application of the methods and theories of neoclassical economics to the positive and normative analysis of the law, and a second branch which focuses on an institutional analysis of law and legal institutions, with a broader focus on economic, political, and social outcomes, and overlapping with analyses of the institutions of politics and governance.
Feminist legal theory, also known as feminist jurisprudence, is based on the belief that the law has been fundamental in women's historical subordination. Feminist jurisprudence the philosophy of law is based on the political, economic, and social inequality of the sexes and feminist legal theory is the encompassment of law and theory connected. The project of feminist legal theory is twofold. First, feminist jurisprudence seeks to explain ways in which the law played a role in women's subordinate status. Feminist legal theory was directly created to recognize and combat the legal system built primarily by the and for male intentions, often forgetting important components and experiences women and marginalized communities face. The law perpetuates a male valued system at the expense of female values. Through making sure all people have access to participate in legal systems as professionals to combating cases in constitutional and discriminatory law, feminist legal theory is utilized for it all.
Critical race theory (CRT) is an academic field focused on the relationships between social conceptions of race and ethnicity, social and political laws, and mass media. CRT also considers racism to be systemic in various laws and rules, not based only on individuals' prejudices. The word critical in the name is an academic reference to critical theory rather than criticizing or blaming individuals.
Daniel Nicholas Robinson was an American psychologist who was a professor of psychology at Georgetown University and later in his life became a fellow of the faculty of philosophy at Oxford University.
Elliott R. Sober is an American philosopher. He is noted for his work in philosophy of biology and general philosophy of science. Sober is Hans Reichenbach Professor and William F. Vilas Research Professor Emeritus in the Department of Philosophy at the University of Wisconsin–Madison.
The ethics of care is a normative ethical theory that holds that moral action centers on interpersonal relationships and care or benevolence as a virtue. EoC is one of a cluster of normative ethical theories that were developed by some feminists and environmentalists since the 1980s. While consequentialist and deontological ethical theories emphasize generalizable standards and impartiality, ethics of care emphasize the importance of response to the individual. The distinction between the general and the individual is reflected in their different moral questions: "what is just?" versus "how to respond?" Carol Gilligan, who is considered the originator of the ethics of care, criticized the application of generalized standards as "morally problematic, since it breeds moral blindness or indifference".
Pragmatic ethics is a theory of normative philosophical ethics and meta-ethics. Ethical pragmatists such as John Dewey believe that some societies have progressed morally in much the way they have attained progress in science. Scientists can pursue inquiry into the truth of a hypothesis and accept the hypothesis, in the sense that they act as though the hypothesis were true; nonetheless, they think that future generations can advance science, and thus future generations can refine or replace their accepted hypotheses. Similarly, ethical pragmatists think that norms, principles, and moral criteria are likely to be improved as a result of inquiry.
Alasdair Cochrane is a British political theorist and ethicist who is currently Professor of Political Theory in the Department of Politics and International Relations at the University of Sheffield. He is known for his work on animal rights from the perspective of political theory, which is the subject of his two books: An Introduction to Animals and Political Theory and Animal Rights Without Liberation. His third book, Sentientist Politics, was published by Oxford University Press in 2018. He is a founding member of the Centre for Animals and Social Justice, a UK-based think tank focused on furthering the social and political status of nonhuman animals. He joined the Department at Sheffield in 2012, having previously been a faculty member at the Centre for the Study of Human Rights, London School of Economics. Cochrane is a sentientist. Sentientism is a naturalistic worldview that grants moral consideration to all sentient beings.
Neo-Marxism is a collection of Marxist schools of thought originating from 20th-century approaches to amend or extend Marxism and Marxist theory, typically by incorporating elements from other intellectual traditions such as critical theory, psychoanalysis, or existentialism. Neo-Marxism comes under the broader framework of the New Left. In a sociological sense, neo-Marxism adds Max Weber's broader understanding of social inequality, such as status and power, to Marxist philosophy.
Post-Marxism is a perspective in critical social theory which radically reinterprets Marxism, countering its association with economism, historical determinism, anti-humanism, and class reductionism, whilst remaining committed to the construction of socialism. Most notably, Post-Marxists are anti-essentialist, rejecting the primacy of class struggle, and instead focus on building radical democracy. Post-Marxism can be considered a synthesis of post-structuralist frameworks and neo-Marxist analysis, in response to the decline of the New Left after the protests of 1968. In a broader sense, post-Marxism can refer to Marxists or Marxian-adjacent theories which break with the old worker's movements and socialist states entirely, in a similar sense to Post-leftism, and accept that the era of mass revolution premised on the Fordist worker is potentially over.
A critical theory is any approach to humanities and social philosophy that focuses on society and culture to attempt to reveal, critique, and challenge or dismantle power structures. With roots in sociology and literary criticism, it argues that social problems stem more from social structures and cultural assumptions than from individuals. Some hold it to be an ideology, others argue that ideology is the principal obstacle to human liberation. Critical theory finds applications in various fields of study, including psychoanalysis, film theory, literary theory, cultural studies, history, communication theory, philosophy, and feminist theory.
Kenneth Einar Himma is an American philosopher, author, lawyer, academic and lecturer.
The following is a list of works by philosopher Graham Priest.
Clive L. Spash is an ecological economist. He currently holds the Chair of Public Policy and Governance at Vienna University of Economics and Business, appointed in 2010. He is also Editor-in-Chief of the academic journal Environmental Values.
Bisexual theory is a field of critical theory, inspired by queer theory and bisexual politics, that foregrounds bisexuality as both a theoretical focus and as an epistemology. Bisexual theory emerged most prominently in the 1990s, in response to the burgeoning field of queer theory, and queer studies more broadly, frequently employing similar post-structuralist approaches but redressing queer theory's tendency towards bisexual erasure.
Experimental jurisprudence (X-Jur) is an emerging field of legal scholarship that explores the nature of legal phenomena through psychological investigations of legal concepts. The field departs from traditional analytic legal philosophy in its ambition to elucidate common intuitions in a systematic fashion employing the methods of social science. Equally, unlike research in legal psychology, X-Jur emphasises the philosophical implications of its findings, such as whether, how, and in what respects the law's content is a matter of moral perspective. Whereas some legal theorists have welcomed X-Jur's emergence, others have expressed reservations about the contributions it seeks to make.
References
- ↑ Tollefsen, Christopher. "The New Natural Law Theory" (PDF). Retrieved 10 January 2025.
- ↑ Lee, Patrick (2019). "The New Natural Law Theory". The Cambridge Companion to Natural Law Ethics: 73–91. doi:10.1017/9781108525077.005. ISBN 9781108525077. S2CID 211396910.
- ↑ Staley, K. M. (1993). "New Natural Law, Old Natural Law, or the Same Natural Law?". The American Journal of Jurisprudence. 38 (1): 109–133. doi:10.1093/ajj/38.1.109.
- ↑ Bradley, Gerard V.; George, Robert (1994). "The New Natural Law Theory: A Reply to Jean Porter". The American Journal of Jurisprudence. 39: 303–315. doi:10.1093/ajj/39.1.303.
- ↑ "New Natural Law Theory | Natural Law, Natural Rights, and American Constitutionalism". www.nlnrac.org. Retrieved 16 August 2020.
- ↑ Hittinger, Russell (1987). A Critique of the New Natural Law Theory. University of Notre Dame Press. ISBN 978-0-268-00766-9.
- ↑ Legarre, Santiago (2017). "HLA Hart and the Making of the New Natural Law Theory". Jurisprudence. 8 (1): 82–98. doi:10.1080/20403313.2016.1148432. hdl: 11336/89538 . S2CID 147220979.
- ↑ May, William E. (1988). "Book Review: A Critique of the New Natural Law Theory". The Linacre Quarterly. 55 (4): 85–87. doi:10.1080/00243639.1988.11877988. S2CID 208015692.
- ↑ Contreras, Francisco José (2013). "Is the "New Natural Law Theory" Actually a Natural Law Theory?". The Threads of Natural Law. pp. 179–189. doi:10.1007/978-94-007-5656-4_11. ISBN 978-94-007-5655-7.
 | This Catholic Church–related article is a stub. You can help Wikipedia by expanding it. |
 | This philosophy-related article is a stub. You can help Wikipedia by expanding it. |