Law and Philosophy Library - Böcker

This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives.

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This edited volume explores ideas of legal realism which emerge through the works of Russian legal philosophers. Apart from the well-known American and Scandinavian versions of legal realism, there also exists a Russian one: readers will discover ...

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The study presented in this book was entered upon by me from a legal point of view. 'Legal logic' has been known for a long time, concerning itself with the methodology of legal and in particular judicial reasoning. In modern days, however, this '...

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autonomy principally in tenns of the agent's conscious choice of ends or conduct. From this, the cognitivist emphasis on mental states and their contents naturally follows. The presence of specified mental states, as signifying agent choice, thus ...

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lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first r...

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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 atten...

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PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interp...

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It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches t...

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"The Judicial Application of Law" is an contribution to analytical jurisprudence. It gives an account of all that is involved in the idea of "applying" law as this is carried out by judges. Thus it explores analytically a vital idea for our unders...

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"Critical Studies in Private Law" discusses the prerequisites and possibilities for an alternative or critical legal dogmatics. The starting point of the analysis is the recognition of contradictions within the legal order. In this respect the the...

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This work presents, interprets and largely defends the legal philosophy of H.L.A. Hart, except for his account of causation. Hart is considered by many persons to be the most important English writer on jurisprudence in the 20th century. The book ...

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Law is traditionally conceived as consisting of norms of conduct and power-conferring norms. This conception, however, is unable to account for a variety of elements of modern legal systems that differ significantly from the classical notions. Thi...

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When thinking about justified criminalization, whether some action may morally be made a criminal offence, philosophers tend to rely upon "balancing". Arguments favouring and opposing criminalization are "weighed" on a simple beam balance; the "we...

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Adam Smith and the Philosophy of Law and Economics is a unique book. Malloy and Evensky bring together a team of international and interdisciplinary scholars to address the work of Adam Smith as it relates to law and economics. In addition to thei...

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How do social institutions exist? How do they direct our conduct? This work defends the thesis that the existence of institutions is a conventional matter. Ultimately they exist because we believe in their existence and because they play a role in...

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This work brings together a team of international and interdisciplinary scholars to address the work of Adam Smith as it relates to law and economics. In addition to their own contributions, the book includes works by Dr John W. Cairns of the Univ...

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This volume represents a collaboration between a wide range of disciplines and countries. 14 papers, together with a long analytical introduction by the editors, were selected from the contributions of legal theorists, computer scientists, philoso...

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The game-theoretic analysis of rights forms a rapidly growing field of study to which this book contributes. Van Hees combines the game-theoretic approach with the results and tools from logic, in particular from the logic of norms. The resulting ...

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This text deals with a problem central to the legal profession: what is the nature of discovery in legal decision-making? It begins by identifying fundamental problems about the nature of discovery, expression and introspection that emerge in the ...

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Reason, Democracy, Society deals with basic points of legal theory and philosophy of law. The main contention of the book relates to the insufficiencies of the legal positivistic approach. Some of its claims are that we must sharply separate what ...

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The Tapestry of the Law brings together a study of a particular legal system - that of Scotland - with a number of (mainly contemporary) theories of or about law. Rather than endorsing any one legal theory, it ends with some tentative conclusions ...

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Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on t...

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This text compiles and evaluates theories of contract law. The author offers his own practical perspective that emphasizes contract law's complexity and questions the utility of abstract unitary theories. The text should interest legal theorists, ...

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This text contains 15 essays which together show the development of one of the more important contemporary theories of the nature, grounds and practical implications of rights. The author provides a critical perspective both on his own theory and ...

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To a certain extent, this book is a translation of Recht, verhaal en werke- lijkheid, published by Coutinho (Bussum, 1993). Chapters 1, 5 and 9, however, differ considerably from the original. At the basis of the Dutch book were arguments already ...

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This text presents a challenging alternative theory of legal philosophy. The central thesis of the book suggests an accommodation between three of the most influential contemporary theories of law, Kantianism, postmodernism and critical legal thou...

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This book, the expanded and completely revised text of the author's 1993 dissertation, studies the logical aspects of legal reasoning, in order to provide philosophical foundations for legal applications of artificial intelligence. It respects tha...

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This text offers a model for understanding autonomy in the context of the practical uses of this concept for applied ethics and political philosophy, and in particular for our understanding of moral responsibility. The first half of the book devel...

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Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporar...

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