Martin V.B.P.M. van Hees - Böcker

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 synthesis between logic and game theory provides a firm foundation for the game-theoretic approach. The analysis shows how different types of right are related to the strategic opportunities of individuals and of groups of individuals. Furthermore, the book contributes to the theory of liberalism, in particular to the study of the so-called "liberal paradoxes". It demonstrates how the paradoxes resurface in the new decision-theoretic framework. In fact, they not only do so at the level of "ordinary" decision making, but also at the level of constitutional decision making.

Martin van Hees presents a new approach to the study of law - legal reductionism - which combines elements of legal positivism, new institutionalism and decision theory. From legal positivism Van Hees derives some fundamental insights into the nature of legal systems, but he also revises some of its key tenets. He argues that law can be reduced to facts; moreover, he re-establishes the relation between law and morality by arguing that law and positive morality are inherently related. He subsequently uses decision-theoretic tools to develop and defend his reductionist methodology.The second part of the study applies the resulting approach to an analysis of legal freedom. By showing that legal reductionism allows us to analyse the value of liberal legal systems, Van Hees makes a forceful case for including the study of law in moral and political philosophy.The book is accessible to a wide readership, including legal and moral philosophers, political theorists and social scientists.