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A Study of Epistemology in Legal History Book

A Study of Epistemology in Legal History
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  • A Study of Epistemology in Legal History
  • Written by author Michael D. Roumeliotis
  • Published by Ashgate Publishing, Limited, 4/28/1994
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Introduction 1
Some methodological issues 2
Vocabulary 4
Notes 7
Pt. 1 Doing something as a rule
A rule is one thing, a habit is another 11
Reflections on old societies 12
A social rule as a matter of consciousness 16
Habits 19
Conclusions on the necessity of the distinction 21
The change in modern society 22
Habitual adoption of reasons 26
Pt. 2 Linguistic jurisprudence and "descriptive sociology"
The epistemological background of linguistic jurisprudence 35
Words and things 39
"A rule is not a habit" in this context 43
Introduction to the complexity of the concrete 44
The social reality 45
A preliminary conclusion 49
The argument from the central cases 49
Cultural fragmentation 52
Communication 55
The social group 57
Pt. 3 Linguistic jurisprudence as philosophy
A An epistemological ground for conceptual questions
Clarifications on our change of viewpoint 87
Nominalism 91
Our language and its rules 93
What does linguistic jurisprudence believe in? 95
Different languages, different concepts 97
Linguistic jurisprudence is a conceptualism 99
Concepts 100
The indeterminacy of concepts 102
Family resemblances and old fashioned conceptualism 110
The paradoxes of linguistic jurisprudence 114
A summary comparison of linguistic jurisprudence with old fashioned conceptualism 121
Intermission: re-targeting 123
B The method of the attention to language and its problems
The search into language and the distruct of abstraction 125
The search into ordinary language and my favourite understanding of linguistic jurisprudence 129
About the accusation of conservatism 133
About the diversity of semantic structures 136
Introduction to the problem of awareness 138
Rules of language, rules of logic 138
The lack of awareness 141
A brief comment on the demand for awareness and control 143
Appendix: Selective literature review
Moles 165
Martin 175
Edgeworth 185
Books and articles cited 193


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