Download J. L. Austin and the Law: Exculpation and the Explication of by Daniel Yeager PDF

By Daniel Yeager

In investigating the connection among accusation and excuse, this learn uncovers whatever concerning the felony law's abnormal means of reading human motion. deciding upon that anything can circulation us a bit in the direction of discovery or contract and simply what it really is that's staked in legal legislation. what's staked in any dialogue of felony legislations is the which means and operation of 'responsibility,' which makes human motion and its outcomes so tragic. the writer confronts the belief of accountability by way of mapping the paintings of J. L. Austin onto the felony legislation. Doing so involves contemplating the level to which the language of legal legislations might be reconciled with traditional language, a undertaking that involves contemplating even if the language of felony legislations is usual language. this system of philosophizing makes an attempt to get a sharpened notion of the realm via looking to comprehend why we communicate as we do in particular speech events. Ordinary-language philosophy presupposes that to realize wisdom of our language is to achieve wisdom of no matter what

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Extra resources for J. L. Austin and the Law: Exculpation and the Explication of Responsibility

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Foundationalism can thus be rationalist (in its use of basic beliefs, for example by Descartes30 and Spinoza31 ), or empiricist (in its use of basic experiences, for example by Locke32 ). Proponents of foundationalism say that our beliefs are structured like a building, with a superstructure resting on foundations. 33 We could express this as follows: a belief is epistemically justified if and only if (a) it is justified by a basic belief or beliefs, or (b) it is justified by a chain of beliefs that is supported by a basic belief or beliefs, and on which all the others are ultimately based.

Within legal epistemology, a wide range of institutional variations are encountered, that arise in particular from fundamental differences between criminal procedure, and from the composition of the court. 3) include particularly whether the court is unicameral, considering both questions of law and fact, or bicameral, with separate tribunals of law and fact (usually judge and jury). The chapter then considers how we might evaluate our criteria for determining whether a factual belief is justified.

But there surely is something virtuous about a belief that we hold because we can justify it, and our method of justification is truth-indicative. This need not mean that our method of justification infallibly tells us which beliefs are true, but only that through experience we design and refine our methods with true belief in mind. 28 The value of the process of legal fact finding increases as the likelihood that the propositions concluded are truth-indicative also increases. So when we say that a belief can be justified, what do we mean?

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