Conditions Of Validity And Cognition In Modern Legal Thought

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The Rational as Reasonable

Author : Aulis Aarnio
Publisher : Springer Science & Business Media
ISBN 13 : 9400947003
Total Pages : 293 pages
Book Rating : 4.4/5 (9 download)

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Book Synopsis The Rational as Reasonable by : Aulis Aarnio

Download or read book The Rational as Reasonable written by Aulis Aarnio and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowned scholars. Legal philosophy should not be considered a narrowly circumscribed field. Insights into law and legal institutions can come from diverse disciplines on a wide range of topics. Among the relevant disciplines or perspectives con tributing to legal philosophy, besides law and philosophy, are anthropology, economics, political science, and sociology. Among the topics included in legal philosophy are theories of law; the concepts of law and legal institutions; legal reasoning and adjudication; epistemological issues of evidence and pro cedure; law and justice, economics, politics, or morality; legal ethics; and theories oflegal fields such as criminal law, contracts, and property.

Conditions of Validity and Cognition in Modern Legal Thought

Author : Neil MacCormick
Publisher : Franz Steiner Verlag Wiesbaden GmbH
ISBN 13 :
Total Pages : 646 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Conditions of Validity and Cognition in Modern Legal Thought by : Neil MacCormick

Download or read book Conditions of Validity and Cognition in Modern Legal Thought written by Neil MacCormick and published by Franz Steiner Verlag Wiesbaden GmbH. This book was released on 1985 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers presented at the IVR 11th World Congress, Helsinki, 1983.

Conditions of validity and cognition in modern legal thought

Author :
Publisher :
ISBN 13 :
Total Pages : 214 pages
Book Rating : 4.:/5 (49 download)

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Book Synopsis Conditions of validity and cognition in modern legal thought by :

Download or read book Conditions of validity and cognition in modern legal thought written by and published by . This book was released on 1985 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Pure Theory of Law

Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584775785
Total Pages : 366 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Pure Theory of Law by : Hans Kelsen

Download or read book Pure Theory of Law written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.

Truthlikeness

Author : I. Niiniluoto
Publisher : Springer Science & Business Media
ISBN 13 : 9400937393
Total Pages : 542 pages
Book Rating : 4.4/5 (9 download)

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Book Synopsis Truthlikeness by : I. Niiniluoto

Download or read book Truthlikeness written by I. Niiniluoto and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern discussion on the concept of truthlikeness was started in 1960. In his influential Word and Object, W. V. O. Quine argued that Charles Peirce's definition of truth as the limit of inquiry is faulty for the reason that the notion 'nearer than' is only "defined for numbers and not for theories". In his contribution to the 1960 International Congress for Logic, Methodology, and Philosophy of Science at Stan ford, Karl Popper defended the opposite view by defining a compara tive notion of verisimilitude for theories. was originally introduced by the The concept of verisimilitude Ancient sceptics to moderate their radical thesis of the inaccessibility of truth. But soon verisimilitudo, indicating likeness to the truth, was confused with probabilitas, which expresses an opiniotative attitude weaker than full certainty. The idea of truthlikeness fell in disrepute also as a result of the careless, often confused and metaphysically loaded way in which many philosophers used - and still use - such concepts as 'degree of truth', 'approximate truth', 'partial truth', and 'approach to the truth'. Popper's great achievement was his insight that the criticism against truthlikeness - by those who urge that it is meaningless to speak about 'closeness to truth' - is more based on prejudice than argument.

The Law in Philosophical Perspectives

Author : Luc J. Wintgens
Publisher : Springer Science & Business Media
ISBN 13 : 9401593175
Total Pages : 284 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis The Law in Philosophical Perspectives by : Luc J. Wintgens

Download or read book The Law in Philosophical Perspectives written by Luc J. Wintgens and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.

Essays on the Doctrinal Study of Law

Author : Aulis Aarnio
Publisher : Springer Science & Business Media
ISBN 13 : 9400716559
Total Pages : 222 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Essays on the Doctrinal Study of Law by : Aulis Aarnio

Download or read book Essays on the Doctrinal Study of Law written by Aulis Aarnio and published by Springer Science & Business Media. This book was released on 2011-07-10 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays on the Doctrinal Study of Law is a summary of the author’s 40 years of research in the fields of civil law and the philosophy of law. The main focus is on the two main tasks in the doctrinal study of law: the interpretation and systematisation of legal norms. In this regard, Professor Aarnio deals with the theory of argumentation as well as with its foundations - i.e., with the ontology, epistemology and methodology of legal thinking - and develops the ideas that were first presented in The Rational as Reasonable (Kluwer 1987) in all of these dimensions. The work includes an updated discussion on the writings of Robert Alexy, Jûrgen Habermas, Ronald Dworkin and Alf Ross. A focal point of view concerns the distinction between positivism and non-positivism, in which the core of the criticism focuses on Scandinavian realism.

MacCormick's Scotland

Author : Neil Walker
Publisher : Edinburgh University Press
ISBN 13 : 0748649301
Total Pages : 261 pages
Book Rating : 4.7/5 (486 download)

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Book Synopsis MacCormick's Scotland by : Neil Walker

Download or read book MacCormick's Scotland written by Neil Walker and published by Edinburgh University Press. This book was released on 2012-03-26 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Gedenkschrift to one of Scotland's most prominent jurists and legal thinkers.

There is no Supreme Constitution

Author : Koos Malan
Publisher : AFRICAN SUN MeDIA
ISBN 13 : 1928480268
Total Pages : 312 pages
Book Rating : 4.9/5 (284 download)

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Book Synopsis There is no Supreme Constitution by : Koos Malan

Download or read book There is no Supreme Constitution written by Koos Malan and published by AFRICAN SUN MeDIA. This book was released on 2019-10-04 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: None of the articles of faith of the South African Constitution is plausible. The Constitution is not supreme and entrenched. Subject to potent socio-political forces it changes continuously and often profoundly regardless of stringent amendment requirements. The trite threefold separation of powers is more metaphorical than real and therefore unable to secure effective checks and balances. Though institutionally separated with their own personnel and functions, the three powers are ordinarily integrated in a single dominant political leadership, committed to achieving the same ideological goals. The bill of individual rights cannot guarantee justice, because rights are subject to the ideologically-driven exercise of judicial interpretation, often with damaging consequences for those relying on the bill of rights. This situation does not only apply to South Africa, but to all Constitutions premised on the same articles of faith, in this book described as the doctrine of statist-individualist constitutionalism. An improved mode of constitutionalism is called for - one which is equipped with a sounder system of checks and balances and better endowed towards the achievement of justice through a balanced constitution.

Law and Citizenship

Author : Law Commission of Canada
Publisher : UBC Press
ISBN 13 : 077484079X
Total Pages : 231 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Law and Citizenship by : Law Commission of Canada

Download or read book Law and Citizenship written by Law Commission of Canada and published by UBC Press. This book was released on 2011-11-01 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in Law and Citizenship provide a framework for analyzing citizenship in an increasingly globalized world by addressing a number of fundamental questions. How are traditional notions of citizenship erecting borders against those who are excluded? What are the impacts of changing notions of state, borders, and participation on our concepts of citizenship? Within territorial borders, to what extent are citizens able to participate, given that the principles of accountability, transparency, and representativeness remain ideals? The contributors address the numerous implications of the concept of citizenship for public policy, international law, poverty law, immigration law, constitutional law, history, political science, and sociology.

Current Legal Problems 1998

Author : M. D. A. Freeman
Publisher : Oxford University Press, USA
ISBN 13 : 9780198298977
Total Pages : 594 pages
Book Rating : 4.2/5 (989 download)

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Book Synopsis Current Legal Problems 1998 by : M. D. A. Freeman

Download or read book Current Legal Problems 1998 written by M. D. A. Freeman and published by Oxford University Press, USA. This book was released on 2000 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the fifty-first volume of Current Legal Problems and contains the now customary selection of high quality essays by a group of outstanding scholars. The volume provides a particularly valuable and broad-ranging set of contributions for a stimulating study of legal theory at the end of the millennium.

Law, Justice and the State

Author : International Association for Philosophy of Law and Social Philosophy. World Congress
Publisher : Franz Steiner Verlag
ISBN 13 : 9783515066051
Total Pages : 280 pages
Book Rating : 4.0/5 (66 download)

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Book Synopsis Law, Justice and the State by : International Association for Philosophy of Law and Social Philosophy. World Congress

Download or read book Law, Justice and the State written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 1995 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Ars Interpretandi / Vol.5

Author : Giuseppe Zaccaria
Publisher : LIT Verlag Münster
ISBN 13 : 9783825848620
Total Pages : 244 pages
Book Rating : 4.8/5 (486 download)

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Book Synopsis Ars Interpretandi / Vol.5 by : Giuseppe Zaccaria

Download or read book Ars Interpretandi / Vol.5 written by Giuseppe Zaccaria and published by LIT Verlag Münster. This book was released on 2000 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: " The 2000 issue of the Yearbook deals with the concept of translation. From the perspectives of philosophy of language, theology, comparative law and jurisprudence, such a notion is here addressed both in itself and in its many-sided relationships with the concept of interpretation. Schwerpunkt von Ars Interpretandi 2000 ist das Problem der Ubersetzung. Aus den Perspektiven von Sprachphilosophie, Theologie, Vergleichsrecht und Rechtstheorie wird dieser Begriff sowohl in sich selbst als auch in seinen mehrseitigen Zusammenhang mit Auslegung untersucht. Mit Beitr gen von: /Contributors: Giovanna Borradori; Donald Davidson; Gerard Rene de Groot; Winfried Hassemer; Domenico Jervolino; Tecia Mazzarese; Gianfranco Ravasi; Paul Ricoeur; Rodolfo Sacco; John R. Searle; Michael Walzer; Jerzy Wroblewski "

Facts and Norms in Law

Author : Sanne Taekema
Publisher : Edward Elgar Publishing
ISBN 13 : 1785361090
Total Pages : 307 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Facts and Norms in Law by : Sanne Taekema

Download or read book Facts and Norms in Law written by Sanne Taekema and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Facts and Norms in Law: Interdisciplinary Reflections on Legal Method presents an innovative collection of essays on the relationship between descriptive and normative elements in legal inquiry and legal practice. What role does empirical data play in law? New insights in philosophy, the social sciences and the humanities have forced the relationship between facts and norms on to the agenda, especially for legal scholars doing interdisciplinary work. This timely volume carefully combines critical perspectives from a range of different disciplinary traditions and theoretical positions.

Jurisprudence in the Mirror

Author : Luka Burazin
Publisher : Oxford University Press
ISBN 13 : 0192695096
Total Pages : 532 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Jurisprudence in the Mirror by : Luka Burazin

Download or read book Jurisprudence in the Mirror written by Luka Burazin and published by Oxford University Press. This book was released on 2024-09-11 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is something quite puzzling about the global conversation on jurisprudence. On the one hand, jurisprudence is supposed to deal with abstract questions concerning the nature, structure, and distinctive features of the law. These questions are not tightly associated with, or dependent on, the particular legal practices in one jurisdiction or another. But, on the other hand, it seems that jurisprudents are tacitly affected by their background institutional context: there is an evident divide between theorizing about the law in the civil law world and in the common law world. Jurisprudence in the Mirror: The Common Law World Meets the Civil Law World systematically presents the major achievements of contemporary civil law jurisprudence to the common law world and bridges the gap in analytic jurisprudence as it is currently practiced in the two traditions. The volume seeks to bring different voices to the table and overcome the cultural and linguistic divides that have created barriers in philosophical exchanges. The book's structure is dialogical: it includes twelve essays written by prominent and influential jurisprudents from the civil law world, each followed by a response by a jurisprudent from the common law world. This approach highlights what the two worlds share, where they part ways, and why. The varied contributions reveal how their respective legal traditions shape fundamental legal concepts and jurisprudential debates and will be invaluable to readers from both the civil and common law worlds.

Case Law in Roman, Anglosaxon and Continental Law

Author : Mar a Jos Falc N y Tella
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004204164
Total Pages : 233 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Case Law in Roman, Anglosaxon and Continental Law by : Mar a Jos Falc N y Tella

Download or read book Case Law in Roman, Anglosaxon and Continental Law written by Mar a Jos Falc N y Tella and published by Martinus Nijhoff Publishers. This book was released on 2011-08-25 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no one definition of case law, but rather a plurality of meanings. In this respect, after an analysis of Roman iurisprudentia and Anglo-Saxon case law, this work considers the Spanish legal system, as an example of a Continental jurisdiction.

The Tapestry of Reason

Author : Amalia Amaya
Publisher : Bloomsbury Publishing
ISBN 13 : 1782255176
Total Pages : 601 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Tapestry of Reason by : Amalia Amaya

Download or read book The Tapestry of Reason written by Amalia Amaya and published by Bloomsbury Publishing. This book was released on 2015-04-30 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years coherence theories of law and adjudication have been extremely influential in legal scholarship. These theories significantly advance the case for coherentism in law. Nonetheless, there remain a number of problems in the coherence theory in law. This ambitious new work makes the first concerted attempt to develop a coherence-based theory of legal reasoning, and in so doing addresses, or at least mitigates these problems. The book is organized in three parts. The first part provides a critical analysis of the main coherentist approaches to both normative and factual reasoning in law. The second part investigates the coherence theory in a number of fields that are relevant to law: coherence theories of epistemic justification, coherentist approaches to belief revision and theory-choice in science, coherence theories of practical and moral reasoning and coherence-based approaches to discourse interpretation. Taking this interdisciplinary analysis as a starting point, the third part develops a coherence-based model of legal reasoning. While this model builds upon the standard theory of legal reasoning, it also leads to rethinking some of the basic assumptions that characterize this theory, and suggests some lines along which it may be further developed. Thus, ultimately, the book not only improves upon the current state of coherence theory in law, but also contributes to the larger debate about how to articulate a theory of legal reasoning that results in better decision-making.