Law and Philosophy Library – serie
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294 produkter
Logic in Law
Remarks on Logic and Rationality in Normative Reasoning, Especially in Law
Av A. Soeteman
Inbunden, 1988
3318 kr
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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 'legal logic' is sometimes also connected with modern …
Responsibility and Criminal Liability
Av C.T. Sistare
Inbunden, 1989
1511 kr
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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 becomes the hallmark of responsible conduct. …
Moral Pluralism and Legal Neutrality
Inbunden, 1989
1511 kr
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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 resolve certain philosophical issues which include …
Procedural Justice
Allocating to Individuals
Av M.E. Bayles
Inbunden, 1989
1511 kr
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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 attend international meetings on the subject. In some …
Law, Interpretation and Reality
Essays in Epistemology, Hermeneutics and Jurisprudence
Av P.J. Nerhot
Inbunden, 1989
2013 kr
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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 interpretation. EquaHy, to speak about interpretation is …
Legal Knowledge and Analogy
Fragments of Legal Epistemology, Hermeneutics and Linguistics
Inbunden, 1990
809 kr
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Law, Institution and Legal Politics
Fundamental Problems of Legal Theory and Social Philosophy
Inbunden, 1991
1511 kr
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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 to Legal Positivism in 1986, relatively little of …
Judicial Application of Law
Av Jerzy Wróblewski, Z. Bankowski m. fl.
Inbunden, 1992
3518 kr
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This is the English version of Jerzy Wroblewski's major work in Polish, S~dowe Stosowania Prawa (translated in his own preferred terms as 'The Judicial Application of Law'). The present translation arose out of a visit by the author to Scotland in 1989. In that year, the Carnegie Trust for the …
Critical Studies in Private Law
A Treatise on Need-Rational Principles in Modern Law
Inbunden, 1992
1511 kr
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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 theory may use the experience of both American Critical …
Hart's Legal Philosophy
An Examination
Av M.E. Bayles
Inbunden, 1992
2013 kr
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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 attend international meetings on the subject. In some …
Institutional Legal Facts
Legal Powers and their Effects
Av D.W. Ruiter
Inbunden, 1993
1098 kr
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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. This book concerns the problem of which results of …
On Criminalization
An Essay in the Philosophy of Criminal Law
Inbunden, 1994
1511 kr
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I begin by introducing the main issues of the work, and inviting their consideration; as enticement, I offer a sketch of their practical importance, and of the philosophical challenge they present. And I provide a preview of the work's organization and central argument. There is something so …
Adam Smith and the Philosophy of Law and Economics
Av Robin Paul Malloy, Jerry Evensky
Inbunden, 1994
2197 kr
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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 their own contributions, the book includes works by Dr. …
Opposite Mirrors
An Essay on the Conventionalist Theory of Institutions
Inbunden, 1995
1010 kr
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How do social institutions exist? How do they direct our conduct? The Opposite Mirrors 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 our practical reasoning. Human action …
Adam Smith and the Philosophy of Law and Economics
Häftad, 1995
1130 kr
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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 their own contributions, the book includes works by Dr. …
Informatics and the Foundations of Legal Reasoning
Av Z. Bankowski, I. White m. fl.
Inbunden, 1995
2013 kr
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Informatics and the Foundations of Legal Reasoning represents a close collaboration between a wide range of disciplines and countries. Fourteen papers, together with a long analytical introduction by the editors, were selected from the contributions of legal theorists, computer scientists, …
Rights and Decisions
Formal Models of Law and Liberalism
Inbunden, 1995
1643 kr
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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 synthesis between logic and game theory provides a …
`Discovery' in Legal Decision-Making
Av B. Anderson
Inbunden, 1996
1010 kr
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This book deals with a central problem throughout the legal profession -a solution to the problem is sought and reached in some basic form. At the centre of this prob lematic is the question indicated by the title: "What is the nature of "discovery" in legal decision-making?" In the final chapter …
Reason, Democracy, Society
A Treatise on the Basis of Legal Thinking
Inbunden, 1996
1010 kr
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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 the law is from, what the law ought to be, and that …
Tapestry of the Law
Scotland, Legal Culture and Legal Theory
Av E. Attwooll
Inbunden, 1996
1010 kr
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Although its concern is jurisprudence, The Tapestry of the Law is intended to offer neither an original theory of or about law nor an account of other people's theories in textbook form. It is, rather, an attempt to approach the subject without following either of these conventions. The reasons are …
Reasoning with Rules
An Essay on Legal Reasoning and Its Underlying Logic
Av Jaap Hage
Inbunden, 1996
2013 kr
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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 the world. Legal rules create legal consequences, …
Richness of Contract Law
An Analysis and Critique of Contemporary Theories of Contract Law
Av R.A. Hillman
Inbunden, 1996
1511 kr
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Scholars have produced a wide variety of theoretical work on contract law. This is the first book to compile it, to present it coherently, to evaluate it, and to supply numerous references to additional sources. The author also offers his own practical perspective that emphasizes contract law's …
Approach to Rights
Studies in the Philosophy of Law and Morals
Av C.P. Wellman
Inbunden, 1997
1712 kr
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An Approach to Rights contains fifteen previously published but mostly inaccessible papers that together show the development of one of the more important contemporary theories of the nature, grounds and practical implications of rights. In a long retrospective essay, Carl Wellman explains what he …
Law, Narrative and Reality
An Essay in Intercepting Politics
Inbunden, 1997
1010 kr
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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 submitted in 'Narrative coherence in legal …
Kantianism, Postmodernism and Critical Legal Thought
Av I. Ward
Inbunden, 1997
1511 kr
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Kantianism, Postmodernism and Critical Legal Thought 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 thought. In …
Logical Tools for Modelling Legal Argument
A Study of Defeasible Reasoning in Law
Av H. Prakken
Inbunden, 1997
2013 kr
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This book is a revised and extended version of my PhD Thesis 'Logical Tools for Modelling Legal Argument', which I defended on 14 January 1993 at the Free University Amsterdam. The first five chapters of the thesis have remained almost completely unchanged but the other chapters have undergone …
Autonomy, Authority and Moral Responsibility
Av T. May
Inbunden, 1997
1098 kr
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Questions about the relationship between autonomy and authority are raised in nearly every area of moral philosophy. Although the most ob vious of these is political philosophy (especially the philosophy of law), the issues surrounding this relationship are by no means confined to this area. …
Theory of Legal Sentences
Av Manuel Atienza, J. Ruiz Manero
Inbunden, 1997
1010 kr
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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 contemporary society. The book presents an analysis of the …
Law and Reflexive Politics
Inbunden, 1998
2013 kr
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This volume argues against the dominant "republican" trend in legal and democratic theory that sees law as the prime vessel of political action, means of empowerment of civil society and guarantor of democratic politics. Against theorists as diverse as Dworkin, Habermas, Unger, Ackerman and others …
Extending Deontic Logic for the Formalisation of Legal Rules
Inbunden, 1998
1612 kr
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This book is an adaptation of my PhD thesis Representing L3gVI Rules in Deontic Logic [Royakkers, 1996]. The main alterations are: * The addition of chapter 2 concerning the semantics of deontic logic based on valua- tions. In this chapter I extend the Beth tableau method, which is originally …