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294 produkter

Del 6 - Law and Philosophy Library
Logic in Law
Remarks on Logic and Rationality in Normative Reasoning, Especially in Law
AvA. Soeteman
Inbunden, Engelska, 1988
3 338 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 formal logic, as it has been developed in the works of G. Boole, A. de Morgan, G. Frege, C.S. Peirce, E. Schroder, G. Peano, A.N. Whitehead, B. Russell and others. For me this gave rise to the as yet not very specific question about the meaning of modern symbolic logic for law. Already in an early stage it appeared that, although traditional legal logic and modern symbolic logic both concern logic, this may not create the misapprehension that a similar matter is at issue. Both concern themselves (among other things) with reasonings and reasoning. Traditional legal logic is, however, as it was said by the German legal theoretician K. Engisch: "a material logic that wants us to reflect on what we have to do if we -within the limits of actual possibility- wish to reach true, or at least correct judgements" (Engisch, 1964, p.5). Modern symbolic logic on the other hand is not concerned with the truth or correctness of the result of an argument, but with its validity, i.e. the question when or under which conditions the truth (correctness) of the conclusion is guaranteed by the truth (correctness) of the premisses.
Responsibility and Criminal Liability
AvC.T. Sistare
Inbunden, Engelska, 1989
1 521 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. Capacities model theorists, by contrast, interpret personal autonomy and agent responsibility in tenns of the looser notion of 'control'. From this perspective, conscious choosing is but one (highly responsible) instance of such control, and the presence or absence of mental states is primarily relevant to detennining degrees of responsibility. The examination of these two models occupies the bulk of this manuscript. Exploration of the capacities model and criticism of the orthodox view also generate treatment of legal issues such as the use of negligence liability, the nature of criminal omissions, the character of various legal defenses, and so on. Chapters 2 and 3 set out some of the thematic arguments outlined above and introduce tenninology and useful distinctions. Chapters 4 through 7 provide substantive analyses of agent responsibility and of standards of criminal liability. In these chapters, I argue for the comparative superiority of the capacities model of responsibility and offer recommendations for changes in current legal conceptions and standards of liability. Each chapter centers on an element of individual responsibility and related legal concerns. The final chapter, Chapter 8, comprises an overview of the integrated theory of responsibility and liability and its comparison with the traditional view.
Del 9 - Law and Philosophy Library
Moral Pluralism and Legal Neutrality
AvWojciech Sadurski
Inbunden, Engelska, 1989
1 521 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 moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights. In these Situations, as a leading contemporary legal philosopher observed, the "Constitution fuses legal and moral issues, by making the validity of a law depend on an answer to complex moral 1 problems". But the need for substantive value elucidation is not confined, of course, only to constitutional interpretation under Bills of Rights. This, however, immediately raises a dilemma stemming from the moral diversity and pluralism of modern liberal societies. How can law remain sensitive to this pluralism and yet provide clear answers to the problems which call for a legal resolution? Sharply conflicting values in modern societies clash in the debates over the death penalty, abortion, homosexuality, separation of state and religion, the scope of the freedom of the press, or affirmative action. lt would often be difficult to discern a broader consensus within which these clashes of values operate, unless this consensus were described in such vague terms as to render it practically meaningless.
Procedural Justice
Allocating to Individuals
AvM.E. Bayles
Inbunden, Engelska, 1989
1 521 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 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 available to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on fu- length scholary 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 contribut ing 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.
Del 11 - Law and Philosophy Library
Law, Interpretation and Reality
Essays in Epistemology, Hermeneutics and Jurisprudence
AvP.J. Nerhot
Inbunden, Engelska, 1989
2 026 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 to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.
Legal Knowledge and Analogy
Fragments of Legal Epistemology, Hermeneutics and Linguistics
AvPa Nerhot,Patrick Nerhot
Inbunden, Engelska, 1990
827 kr
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Law, Institution and Legal Politics
Fundamental Problems of Legal Theory and Social Philosophy
AvOta Weinberger
Inbunden, Engelska, 1991
1 521 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 Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.
Del 15 - Law and Philosophy Library
Judicial Application of Law
AvJerzy Wróblewski,Z. Bankowskim. fl.
Inbunden, Engelska, 1992
3 540 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 Universities of Scotland made it possible for Jerzy Wroblewski to spend six months as a Carnegie Fellow in the Centre for Criminology and the Social and Philosophical Study of Law at the University of Edinburgh. During that time he took a notably active part in the intellectual life of the Centre and the Faculty of Law. He gave freely of his time in teaching and advising students and also produced a series of original articles on topics connected with legal reasoning and law and computers. His major task while he was here, however, was to prepare a translation of S~dowe Stosowania Prawa, and this he accomplished to the extent of completing a preliminary draft. Zenon Bankowski and Neil MacCormickwere to help him in improving this linguistically and preparing the final text for publication. Wroblewski warned us, having finished his draft with great labour, that the greater labour would be in the polishing of it. For we would have, as he joked, 'to translate my English into English'. And certainly, we found it extremely time-consuming, so as to defy completion during his stay in Edinburgh.
Critical Studies in Private Law
A Treatise on Need-Rational Principles in Modern Law
AvT. Wilhelmsson
Inbunden, Engelska, 1992
1 521 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 Legal Studies and the German attempts to formulate a legal theory for the social state. The key for understanding how the contradictory concrete legal material may produce varying results on the level of legal decisions is the systematization, the general principles of the law. The analysis does not, however, stop at this theoretical level. The methodology is tested through a discussion of some features of modern private law. Some key elements of contract law, including consumer law, of the Welfare State are singled out. The work focuses on the person-orientation of modern law as a challenge to the traditional abstract legal form. The aim is to explore the limits for a contract law radically oriented towards the personal social and economic needs of the parties. This endeavour involves the creation of new legal concepts such as social force majeure.
Del 17 - Law and Philosophy Library
Hart's Legal Philosophy
An Examination
AvM.E. Bayles
Inbunden, Engelska, 1992
2 026 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 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 available to an international audience, but it also encourages increased aware ness 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 contributing to legal philosophy, besides law and philosophy, are anthropol ogy, economics, political science, and sociology. Among the topics included in legal philosophy are theories of law; the concepts of law and legal institu tions; legal reasoning and adjudication; epistemological issues of evidence and procedure; law and justice, economics, politics, or morality; legal ethics; and theories of legal fields such as criminal law, contracts, and property.
Institutional Legal Facts
Legal Powers and their Effects
AvD.W. Ruiter
Inbunden, Engelska, 1993
1 104 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 human activity can obtain legal validity. The author makes use of recent findings in speech act theory, especially John R. Searle and Daniel Vanderveken's illocutionary logic. The work sets out a theory of legal norms conceived as institutional legal facts resulting from performances of speech acts specified in power-conferring norms. The theory provides a classification of acts-in-the-law and of legal norms resulting from performances of these. Finally, the transition is made from institutional legal facts to legal institutions. The book is a contribution to the institutional theory of law as developed by N. MacCormick and O. Weinberger.
Del 19 - Law and Philosophy Library
On Criminalization
An Essay in the Philosophy of Criminal Law
AvJ. Schonsheck
Inbunden, Engelska, 1994
1 521 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 obvious that it is easily-and often-overlooked: the enforcing of criminal statutes is the most intrusive and coercive exercise of domestic power by a state. Forcibly preventing people from doing that which they wish to do, forcibly compelling people to do that which they do not wish to do-and wielding force merely attempting to compel or prevent-these state activities have extraordinarily serious ramifications. Indeed, no state institutions are likely to have more profound an impact on the lives of individual citizens than those of the criminal justice system. I endorse Herbert Packer's assessment: The criminal sanction is the law's ultimate threat. Being punished for a crime is different from being regulated in the public interest, or being forced to compensate another who has been injured by one's conduct, or being treated for a disease. The sanction is at once l uniquely coercive and, in the broadest sense, uniquely expensive. As a consequence, these state activities are in special need of moral warrant. Given the great potential for doing grave injustice, the power of the state embodied in the criminal justice system ought not be exercised in the absence of a complete and compelling moral justification.
Adam Smith and the Philosophy of Law and Economics
AvRobin Paul Malloy,Jerry Evensky
Inbunden, Engelska, 1994
2 211 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. John W. Cairns of the University of Edinburgh, Dr. J. Ralph Lindgren of Lehigh University, Professor Kenneth A.B. Mackinnon of the University of Waikato, and the Honorable Richard A. Posner of the United States Circuit Court of Appeals. Together these authors bring expertise from the areas of law, philosophy, history, economics, and law and economics to a new study of Adam Smith and his work. Part One of the book presents new and important observations on Smith's views on community, ethics, the court system, criminal law, and delictual or tort law liability. In this part of the book Smith's work is also examined from the perspective of his use as persuasive authority in the works of modern legal economists. In Part Two the 'living Smith' is explored by way of a debate between two major contributors in the field of law and economics.The debate and its analysis create a unique and contemporary opportunity to study Smith as a foundational source in the midst of a current academic and social policy dispute. The understanding of Adam Smith that emerges from this book is new and complex. It will challenge the one-dimensional portrayals of Smith as a promoter of self-interest and it will correct many of the misinterpretations of Smith that are currently fashionable in the worlds of law and economics and the philosophy of law.
Del 22 - Law and Philosophy Library
Opposite Mirrors
An Essay on the Conventionalist Theory of Institutions
AvE. Lagerspetz
Inbunden, Engelska, 1995
1 016 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 necessarily has an unpredictable aspect; human institutions perform an important task by reducing uncertainty in our interactions. The author applies this thesis to the most important institutions: the law and the monetary system. In his analysis he connects many traditional topics of the philosophy of law, social philosophy and the philosophy of social sciences in a new way. He discusses the nature of rules, authority, and power and analyzes the Hobbesian presuppositions which have been dominant in legal theory and in the economic analyses of the state. The book is written for legal theorists as well as for political and social philosophers, and theoretically oriented social scientists.
Del 20 - Law and Philosophy Library
Adam Smith and the Philosophy of Law and Economics
AvR.P. Malloy,J. Evensky
Häftad, Engelska, 1995
1 137 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. John W. Cairns of the University of Edinburgh, Dr. J. Ralph Lindgren of Lehigh University, Professor Kenneth A.B. Mackinnon of the University of Waikato, and the Honorable Richard A. Posner of the United States Circuit Court of Appeals. Together these authors bring expertise from the areas of law, philosophy, history, economics, and law and economics to a new study of Adam Smith and his work. Part One of the book presents new and important observations on Smith's views on community, ethics, the court system, criminal law, and delictual or tort law liability. In this part of the book Smith's work is also examined from the perspective of his use as persuasive authority in the works of modern legal economists. In Part Two the `living Smith' is explored by way of a debate between two major contributors in the field of law and economics. The debate and its analysis create a unique and contemporary opportunity to study Smith as a foundational source in the midst of a current academic and social policy dispute. The understanding of Adam Smith that emerges from this book is new and complex. It will challenge the one-dimensional portrayals of Smith as a promoter of self-interest and it will correct many of the misinterpretations of Smith that are currently fashionable in the worlds of law and economics and the philosophy of law.
Del 21 - Law and Philosophy Library
Informatics and the Foundations of Legal Reasoning
AvZ. Bankowski,I. Whitem. fl.
Inbunden, Engelska, 1995
2 026 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, philosophers and logicians who were members of an International Working Group supported by the European Commission. The Group was mandated to work towards determining how far the law is amenable to formal modeling, and in what ways computers might assist legal thinking and practice. The book is the result of discussions held by the Group over two and half years. It will help students and researchers from different backgrounds to focus on a common set of topics of increasing general interest. It embodies the results of work in progress and suggests many issues for further discussion. A stimulating text for undergraduate and graduate courses in law, philosophy and computer science departments, as well as for those interested in the place of computers in legal practice, especially at the international level.
Rights and Decisions
Formal Models of Law and Liberalism
AvMartin V.B.P.M. van Hees
Inbunden, Engelska, 1995
1 653 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 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.
Del 24 - Law and Philosophy Library
`Discovery' in Legal Decision-Making
AvB. Anderson
Inbunden, Engelska, 1996
1 016 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 that problem and the solution reached will be seen to have ramifications throughout the entire field of legal practice and theory. However, the focus of the argument is maintained first to specify adequately the particular manifestation of the problem in a variety of legal fields and secondly to arrive at a precise basic solution to this range of problems. The presentation of the solution is not dictated by the norms of clarity and coherence, but by the dynam ics of the struggle to reach the solution and by aspects of the problem available to various sub-groups within the legal profession -theorists, judges, arbitrators. So, I begin from a relatively familiar zone, discussions of discovery in legal theory before moving to more unfamiliar territory. This book is not a thorough survey of problems and writings on discovery. Rather, the strategic selection of problems and assessment of solutions across the first four chapters represents four aspects of the problem. Those chapters invite the reader to rise to the sense of occurrence of a single problem in a variety of contexts.
Reason, Democracy, Society
A Treatise on the Basis of Legal Thinking
AvSebastián Urbina
Inbunden, Engelska, 1996
1 016 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 we can know what the law is without appealing to meta-legal considerations. These and other claims are criticized. The author shows that with the legal positivistic approach we cannot know, in all cases, what the law is, if that is equated to the rules posited by the legislator. He also challenges H.L.A. Hart's and MacCormick's points of view, amongst others, about the characteristic corner stones of legal positivism. Some other issues relate to human rights, legal rationality and efficiency and ethics. This book will be of interest to philosophers concerned with law or ethics, those concerned with justice in modern society and to jurists and law students.
Tapestry of the Law
Scotland, Legal Culture and Legal Theory
AvE. Attwooll
Inbunden, Engelska, 1996
1 016 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 as follows. Those engaged in legal theory are prone to assert that one cannot properly understand the law unless one takes a jurisprudential approach - preferably their own - to it. Equally, those engaged in exposition of the law may counter that legal theory fails to pay adequate attention to actual law. There is at least some truth in these claims. Analyses, courses and textbooks on both sides do often seem to be produced without reference to the other. Yet such isolation is probably more apparent than real. Most, if not all, so-called "black letter" lawyers do operate on the basis of certain jurisprudential understandings, even if these are not articulated ones. In the frequently quoted words ofF C S Northrop: There are lawyers, judges and even law professors who tell us they have no legal philosophy.
Del 27 - Law and Philosophy Library
Reasoning with Rules
An Essay on Legal Reasoning and Its Underlying Logic
AvJaap Hage
Inbunden, Engelska, 1996
2 026 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, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles.
Del 28 - Law and Philosophy Library
Richness of Contract Law
An Analysis and Critique of Contemporary Theories of Contract Law
AvR.A. Hillman
Inbunden, Engelska, 1996
1 521 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 richness and complexity and questions the utility of abstract unitary theories. The author argues that, notwithstanding contract law's complexity, it successfully facilitates the formation and enforcement of private arrangements and ensures a degree of fairness in the process of exchange. Each chapter presents a pair of largely contrasting theories to clarify the central issue of contract law and theory, to set forth the range of views, and to help identify a practical middle ground. Among the contract theories discussed and analyzed are promise, contextual, feminist, formal, mainstream, critical, economic, empirical, and relational. The book should interest legal theorists, practising lawyers, law students, and general readers who want to learn more about contract law and theory.
Approach to Rights
Studies in the Philosophy of Law and Morals
AvC.P. Wellman
Inbunden, Engelska, 1997
1 723 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 was trying to accomplish in each paper, how far he believes that he succeeded and where he failed. Thus the author provides a critical perspective both on his own theory and on alternative theories from which he borrows, or that he rejects. These essays identify the problems any adequate theory of rights must solve, describe the more plausible solutions and weigh the merits of each. They will be of special interest to any reader concerned with legal theory, moral philosophy or any branch of applied ethics or social policy in which appeals to rights are frequently made but seldom rationally satisfactory.
Law, Narrative and Reality
An Essay in Intercepting Politics
AvG.C. van Roermund
Inbunden, Engelska, 1997
1 016 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 contexts', in C. Faralli and E. Pattaro (eds.), Reason in Law, vol. III., Milano, A. Giuffre Editore, 1988, pp. 159-170; 'Justice, Rights, and Hu- man Dignity', in The Windsor Yearbook of Access to Justice, 7, 1987, pp. 46-65; 'Narrative coherence and the guises of legalism', in P. Nerhot (ed.), Law, Interpretation and Reality, Dordrecht - Boston, Kluwer Aca- demic Publishers, 1990, pp. 310-345; 'The Instituting of Brute Facts', in The International Journal for the Semiotics of Law / Revue internationale de semiotique juridique, 4, 1991, pp. 279-308. For chapters 1 and 9 I used the following materials: 'Law is narrative, not literature', in W.l. Witte- veen (ed.), Law, Rhetoric and Literature (Special Issue of the Dutch Jour- nal for Legal Philosophy and Legal Theory), 23, No.3, 1994, Zwolle, Tjeenk Willink, 1994, pp. 221-227 (with a response by R. Weisberg, pp.228-229); and 'Seeing Places: On Prepositions in Law', The International Journal for the Semiotics of Law / Revue internationale de semiotique juridique, 6, 1993, pp. 249-270. Chapter 5 was rewritten on the basis of 'The Instituting of Brute Facts'.
Del 31 - Law and Philosophy Library
Kantianism, Postmodernism and Critical Legal Thought
AvI. Ward
Inbunden, Engelska, 1997
1 521 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 doing so, it further suggests that the often perceived distance between these theories of law disguises a common intellectual foundation. This foundation lies in the work of Immanuel Kant. Kantianism, Postmodernism and Critical Legal Thought presents an intellectual history of critical legal thinking, beginning with Kant, and then proceeding through philosphers and legal theorists as diverse as Heidegger and Arendt, Foucault and Derrida, Rorty and Rawls, and Unger and Dworkin. Ultimately, it will be suggested that each of these philosophers is writing within a common intellectual tradition, and that by concentrating on the commonality of this tradition, contemporary legal theory can better appreciate the reconstructive potential of the critical legal project.
Del 32 - Law and Philosophy Library
Logical Tools for Modelling Legal Argument
A Study of Defeasible Reasoning in Law
AvH. Prakken
Inbunden, Engelska, 1997
2 026 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 considerable revision and expansion. Most importantly, I have replaced the formal argument-based system of the old Chapters 6, 7 and 8 with a revised and extended system, whieh I have developed during the last three years in collaboration with Giovanni Sartor. Apart from some technical improvements, the main additions to the old system are the enriehment of its language with a nonprovability operator, and the ability to formalise reasoning about preference criteria. Moreover, the new system has a very intuitive dialectieal form, as opposed to the rather unintuitive fixed-point appearance of the old system. Another important revision is the split of the old Chapter 9 into two new chapters. The oldSection 9. 1 on related research has been updated and expanded into a whole chapter, while the rest of the old chapter is now in revised form in Chapter 10. This chapter also contains two new contributions, a detailed discussion of Gordon's Pleadings Game, and a general description of a multi-Iayered overall view on the structure of argu mentation, comprising a logieal, dialectical, procedural and strategie layer. Finally, in the revised conclusion I have paid more attention to the relevance of my investigations for legal philosophy and argumentation theory.
Del 33 - Law and Philosophy Library
Autonomy, Authority and Moral Responsibility
AvT. May
Inbunden, Engelska, 1997
1 104 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. Indeed, as we shall see as this work progresses, the issues raised are central to moral psychology, religion, professional ethics, medical ethics, and the nature of moral systems generally. Although the title of this work is Autonomy. Authority and Moral Responsibility. we shall be concerned with the more general question about the relationship between autonomy (or self-direction) and exter nal influences, which I take to be any guide to behavior whose presence, content or substance is dependent upon something beyond the control of the agent. Something is beyond the control of the agent if the agent cannot determine whether or not it is present, what its content consists of, or whether or not (or in what way) it influences her. These "external" influences may include (but are not necessarily limited to) religious con victions (which guide behavior according to a doctrine whose content is established independently of the agent); moral obligations (which re quire action in accordance with some moral theory); and desires for ob jects or states of affairs whose presence (or absence) is beyond the con trol of the agent. Of course, external influences may also include the requirements of authority or law.
Del 34 - Law and Philosophy Library
Theory of Legal Sentences
AvManuel Atienza,J. Ruiz Manero
Inbunden, Engelska, 1997
1 016 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 different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.
Law and Reflexive Politics
AvE.A. Christodoulidis
Inbunden, Engelska, 1998
2 026 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 it argues that the law cannot, as these theorists would have it, contain the politics of civil society and exhaust what these politics are about. The first part of the book explores the recent trends in legal and political theory that suggest the internal linking of democracy and law. The second part is a critique of these positions through an application of systems theory, but one that offers an internal critique of systems theory itself as well as a study of the inter-relationships between law, politics and conflict. The final part advances a suggestion for a definition, or re-conceptualization, of the political as "reflexive", that will re-politicize law's rendering of conflict, political action and identity. What is "stilled" by the law here becomes contested terrain again and, as such, political.
Del 36 - Law and Philosophy Library
Extending Deontic Logic for the Formalisation of Legal Rules
AvL.L. Royakkers
Inbunden, Engelska, 1998
1 622 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 developed for the propositional calculus, to also be applicable for deontic logic. For those who are not familiar with deontic logic or with the axiomatic deduction, this method is a useful tool to check whether a formula is valid or not. * The addition of the notion of commitment in chapter 5, and the notion of weak and strong permission in chapter 7. * The omission of the chapter concerning defeasible deontic logic, of which a revised version is published in [Nute, 1997]. * Chapter 6 has been revised rather thoroughly. Here I introduce the logic of enact- ment based on epistemic logic and local reasoning to express normative inconsis- tencies in a consistent way. I wish to thank John-Jules Meyer, Giovanni Sartor and Marek Sergot for their suggestions and criticisms of my PhD thesis, which have improved this book. Heleen Neggers and Jan Draisma deserve credit for the layout.Special thanks go to Frank Dignum for his continuous support and inspiring sugges- tions. v Contents 1 Introduction 1 1.1 Logic and law...1 ...1.2 Conflicting speed limits ...3 . .

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Del 6 - Law and Philosophy Library
Logic in Law
Remarks on Logic and Rationality in Normative Reasoning, Especially in Law
AvA. Soeteman
Inbunden, Engelska, 1988
3 338 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 formal logic, as it has been developed in the works of G. Boole, A. de Morgan, G. Frege, C.S. Peirce, E. Schroder, G. Peano, A.N. Whitehead, B. Russell and others. For me this gave rise to the as yet not very specific question about the meaning of modern symbolic logic for law. Already in an early stage it appeared that, although traditional legal logic and modern symbolic logic both concern logic, this may not create the misapprehension that a similar matter is at issue. Both concern themselves (among other things) with reasonings and reasoning. Traditional legal logic is, however, as it was said by the German legal theoretician K. Engisch: "a material logic that wants us to reflect on what we have to do if we -within the limits of actual possibility- wish to reach true, or at least correct judgements" (Engisch, 1964, p.5). Modern symbolic logic on the other hand is not concerned with the truth or correctness of the result of an argument, but with its validity, i.e. the question when or under which conditions the truth (correctness) of the conclusion is guaranteed by the truth (correctness) of the premisses.
Responsibility and Criminal Liability
AvC.T. Sistare
Inbunden, Engelska, 1989
1 521 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. Capacities model theorists, by contrast, interpret personal autonomy and agent responsibility in tenns of the looser notion of 'control'. From this perspective, conscious choosing is but one (highly responsible) instance of such control, and the presence or absence of mental states is primarily relevant to detennining degrees of responsibility. The examination of these two models occupies the bulk of this manuscript. Exploration of the capacities model and criticism of the orthodox view also generate treatment of legal issues such as the use of negligence liability, the nature of criminal omissions, the character of various legal defenses, and so on. Chapters 2 and 3 set out some of the thematic arguments outlined above and introduce tenninology and useful distinctions. Chapters 4 through 7 provide substantive analyses of agent responsibility and of standards of criminal liability. In these chapters, I argue for the comparative superiority of the capacities model of responsibility and offer recommendations for changes in current legal conceptions and standards of liability. Each chapter centers on an element of individual responsibility and related legal concerns. The final chapter, Chapter 8, comprises an overview of the integrated theory of responsibility and liability and its comparison with the traditional view.
Del 9 - Law and Philosophy Library
Moral Pluralism and Legal Neutrality
AvWojciech Sadurski
Inbunden, Engelska, 1989
1 521 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 moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights. In these Situations, as a leading contemporary legal philosopher observed, the "Constitution fuses legal and moral issues, by making the validity of a law depend on an answer to complex moral 1 problems". But the need for substantive value elucidation is not confined, of course, only to constitutional interpretation under Bills of Rights. This, however, immediately raises a dilemma stemming from the moral diversity and pluralism of modern liberal societies. How can law remain sensitive to this pluralism and yet provide clear answers to the problems which call for a legal resolution? Sharply conflicting values in modern societies clash in the debates over the death penalty, abortion, homosexuality, separation of state and religion, the scope of the freedom of the press, or affirmative action. lt would often be difficult to discern a broader consensus within which these clashes of values operate, unless this consensus were described in such vague terms as to render it practically meaningless.
Procedural Justice
Allocating to Individuals
AvM.E. Bayles
Inbunden, Engelska, 1989
1 521 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 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 available to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on fu- length scholary 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 contribut ing 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.
Del 11 - Law and Philosophy Library
Law, Interpretation and Reality
Essays in Epistemology, Hermeneutics and Jurisprudence
AvP.J. Nerhot
Inbunden, Engelska, 1989
2 026 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 to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.
Legal Knowledge and Analogy
Fragments of Legal Epistemology, Hermeneutics and Linguistics
AvPa Nerhot,Patrick Nerhot
Inbunden, Engelska, 1990
827 kr
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Law, Institution and Legal Politics
Fundamental Problems of Legal Theory and Social Philosophy
AvOta Weinberger
Inbunden, Engelska, 1991
1 521 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 Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.
Del 15 - Law and Philosophy Library
Judicial Application of Law
AvJerzy Wróblewski,Z. Bankowskim. fl.
Inbunden, Engelska, 1992
3 540 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 Universities of Scotland made it possible for Jerzy Wroblewski to spend six months as a Carnegie Fellow in the Centre for Criminology and the Social and Philosophical Study of Law at the University of Edinburgh. During that time he took a notably active part in the intellectual life of the Centre and the Faculty of Law. He gave freely of his time in teaching and advising students and also produced a series of original articles on topics connected with legal reasoning and law and computers. His major task while he was here, however, was to prepare a translation of S~dowe Stosowania Prawa, and this he accomplished to the extent of completing a preliminary draft. Zenon Bankowski and Neil MacCormickwere to help him in improving this linguistically and preparing the final text for publication. Wroblewski warned us, having finished his draft with great labour, that the greater labour would be in the polishing of it. For we would have, as he joked, 'to translate my English into English'. And certainly, we found it extremely time-consuming, so as to defy completion during his stay in Edinburgh.
Critical Studies in Private Law
A Treatise on Need-Rational Principles in Modern Law
AvT. Wilhelmsson
Inbunden, Engelska, 1992
1 521 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 Legal Studies and the German attempts to formulate a legal theory for the social state. The key for understanding how the contradictory concrete legal material may produce varying results on the level of legal decisions is the systematization, the general principles of the law. The analysis does not, however, stop at this theoretical level. The methodology is tested through a discussion of some features of modern private law. Some key elements of contract law, including consumer law, of the Welfare State are singled out. The work focuses on the person-orientation of modern law as a challenge to the traditional abstract legal form. The aim is to explore the limits for a contract law radically oriented towards the personal social and economic needs of the parties. This endeavour involves the creation of new legal concepts such as social force majeure.
Del 17 - Law and Philosophy Library
Hart's Legal Philosophy
An Examination
AvM.E. Bayles
Inbunden, Engelska, 1992
2 026 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 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 available to an international audience, but it also encourages increased aware ness 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 contributing to legal philosophy, besides law and philosophy, are anthropol ogy, economics, political science, and sociology. Among the topics included in legal philosophy are theories of law; the concepts of law and legal institu tions; legal reasoning and adjudication; epistemological issues of evidence and procedure; law and justice, economics, politics, or morality; legal ethics; and theories of legal fields such as criminal law, contracts, and property.
Institutional Legal Facts
Legal Powers and their Effects
AvD.W. Ruiter
Inbunden, Engelska, 1993
1 104 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 human activity can obtain legal validity. The author makes use of recent findings in speech act theory, especially John R. Searle and Daniel Vanderveken's illocutionary logic. The work sets out a theory of legal norms conceived as institutional legal facts resulting from performances of speech acts specified in power-conferring norms. The theory provides a classification of acts-in-the-law and of legal norms resulting from performances of these. Finally, the transition is made from institutional legal facts to legal institutions. The book is a contribution to the institutional theory of law as developed by N. MacCormick and O. Weinberger.
Del 19 - Law and Philosophy Library
On Criminalization
An Essay in the Philosophy of Criminal Law
AvJ. Schonsheck
Inbunden, Engelska, 1994
1 521 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 obvious that it is easily-and often-overlooked: the enforcing of criminal statutes is the most intrusive and coercive exercise of domestic power by a state. Forcibly preventing people from doing that which they wish to do, forcibly compelling people to do that which they do not wish to do-and wielding force merely attempting to compel or prevent-these state activities have extraordinarily serious ramifications. Indeed, no state institutions are likely to have more profound an impact on the lives of individual citizens than those of the criminal justice system. I endorse Herbert Packer's assessment: The criminal sanction is the law's ultimate threat. Being punished for a crime is different from being regulated in the public interest, or being forced to compensate another who has been injured by one's conduct, or being treated for a disease. The sanction is at once l uniquely coercive and, in the broadest sense, uniquely expensive. As a consequence, these state activities are in special need of moral warrant. Given the great potential for doing grave injustice, the power of the state embodied in the criminal justice system ought not be exercised in the absence of a complete and compelling moral justification.
Adam Smith and the Philosophy of Law and Economics
AvRobin Paul Malloy,Jerry Evensky
Inbunden, Engelska, 1994
2 211 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. John W. Cairns of the University of Edinburgh, Dr. J. Ralph Lindgren of Lehigh University, Professor Kenneth A.B. Mackinnon of the University of Waikato, and the Honorable Richard A. Posner of the United States Circuit Court of Appeals. Together these authors bring expertise from the areas of law, philosophy, history, economics, and law and economics to a new study of Adam Smith and his work. Part One of the book presents new and important observations on Smith's views on community, ethics, the court system, criminal law, and delictual or tort law liability. In this part of the book Smith's work is also examined from the perspective of his use as persuasive authority in the works of modern legal economists. In Part Two the 'living Smith' is explored by way of a debate between two major contributors in the field of law and economics.The debate and its analysis create a unique and contemporary opportunity to study Smith as a foundational source in the midst of a current academic and social policy dispute. The understanding of Adam Smith that emerges from this book is new and complex. It will challenge the one-dimensional portrayals of Smith as a promoter of self-interest and it will correct many of the misinterpretations of Smith that are currently fashionable in the worlds of law and economics and the philosophy of law.
Del 22 - Law and Philosophy Library
Opposite Mirrors
An Essay on the Conventionalist Theory of Institutions
AvE. Lagerspetz
Inbunden, Engelska, 1995
1 016 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 necessarily has an unpredictable aspect; human institutions perform an important task by reducing uncertainty in our interactions. The author applies this thesis to the most important institutions: the law and the monetary system. In his analysis he connects many traditional topics of the philosophy of law, social philosophy and the philosophy of social sciences in a new way. He discusses the nature of rules, authority, and power and analyzes the Hobbesian presuppositions which have been dominant in legal theory and in the economic analyses of the state. The book is written for legal theorists as well as for political and social philosophers, and theoretically oriented social scientists.
Del 20 - Law and Philosophy Library
Adam Smith and the Philosophy of Law and Economics
AvR.P. Malloy,J. Evensky
Häftad, Engelska, 1995
1 137 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. John W. Cairns of the University of Edinburgh, Dr. J. Ralph Lindgren of Lehigh University, Professor Kenneth A.B. Mackinnon of the University of Waikato, and the Honorable Richard A. Posner of the United States Circuit Court of Appeals. Together these authors bring expertise from the areas of law, philosophy, history, economics, and law and economics to a new study of Adam Smith and his work. Part One of the book presents new and important observations on Smith's views on community, ethics, the court system, criminal law, and delictual or tort law liability. In this part of the book Smith's work is also examined from the perspective of his use as persuasive authority in the works of modern legal economists. In Part Two the `living Smith' is explored by way of a debate between two major contributors in the field of law and economics. The debate and its analysis create a unique and contemporary opportunity to study Smith as a foundational source in the midst of a current academic and social policy dispute. The understanding of Adam Smith that emerges from this book is new and complex. It will challenge the one-dimensional portrayals of Smith as a promoter of self-interest and it will correct many of the misinterpretations of Smith that are currently fashionable in the worlds of law and economics and the philosophy of law.
Del 21 - Law and Philosophy Library
Informatics and the Foundations of Legal Reasoning
AvZ. Bankowski,I. Whitem. fl.
Inbunden, Engelska, 1995
2 026 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, philosophers and logicians who were members of an International Working Group supported by the European Commission. The Group was mandated to work towards determining how far the law is amenable to formal modeling, and in what ways computers might assist legal thinking and practice. The book is the result of discussions held by the Group over two and half years. It will help students and researchers from different backgrounds to focus on a common set of topics of increasing general interest. It embodies the results of work in progress and suggests many issues for further discussion. A stimulating text for undergraduate and graduate courses in law, philosophy and computer science departments, as well as for those interested in the place of computers in legal practice, especially at the international level.
Rights and Decisions
Formal Models of Law and Liberalism
AvMartin V.B.P.M. van Hees
Inbunden, Engelska, 1995
1 653 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 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.
Del 24 - Law and Philosophy Library
`Discovery' in Legal Decision-Making
AvB. Anderson
Inbunden, Engelska, 1996
1 016 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 that problem and the solution reached will be seen to have ramifications throughout the entire field of legal practice and theory. However, the focus of the argument is maintained first to specify adequately the particular manifestation of the problem in a variety of legal fields and secondly to arrive at a precise basic solution to this range of problems. The presentation of the solution is not dictated by the norms of clarity and coherence, but by the dynam ics of the struggle to reach the solution and by aspects of the problem available to various sub-groups within the legal profession -theorists, judges, arbitrators. So, I begin from a relatively familiar zone, discussions of discovery in legal theory before moving to more unfamiliar territory. This book is not a thorough survey of problems and writings on discovery. Rather, the strategic selection of problems and assessment of solutions across the first four chapters represents four aspects of the problem. Those chapters invite the reader to rise to the sense of occurrence of a single problem in a variety of contexts.
Reason, Democracy, Society
A Treatise on the Basis of Legal Thinking
AvSebastián Urbina
Inbunden, Engelska, 1996
1 016 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 we can know what the law is without appealing to meta-legal considerations. These and other claims are criticized. The author shows that with the legal positivistic approach we cannot know, in all cases, what the law is, if that is equated to the rules posited by the legislator. He also challenges H.L.A. Hart's and MacCormick's points of view, amongst others, about the characteristic corner stones of legal positivism. Some other issues relate to human rights, legal rationality and efficiency and ethics. This book will be of interest to philosophers concerned with law or ethics, those concerned with justice in modern society and to jurists and law students.
Tapestry of the Law
Scotland, Legal Culture and Legal Theory
AvE. Attwooll
Inbunden, Engelska, 1996
1 016 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 as follows. Those engaged in legal theory are prone to assert that one cannot properly understand the law unless one takes a jurisprudential approach - preferably their own - to it. Equally, those engaged in exposition of the law may counter that legal theory fails to pay adequate attention to actual law. There is at least some truth in these claims. Analyses, courses and textbooks on both sides do often seem to be produced without reference to the other. Yet such isolation is probably more apparent than real. Most, if not all, so-called "black letter" lawyers do operate on the basis of certain jurisprudential understandings, even if these are not articulated ones. In the frequently quoted words ofF C S Northrop: There are lawyers, judges and even law professors who tell us they have no legal philosophy.
Del 27 - Law and Philosophy Library
Reasoning with Rules
An Essay on Legal Reasoning and Its Underlying Logic
AvJaap Hage
Inbunden, Engelska, 1996
2 026 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, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles.
Del 28 - Law and Philosophy Library
Richness of Contract Law
An Analysis and Critique of Contemporary Theories of Contract Law
AvR.A. Hillman
Inbunden, Engelska, 1996
1 521 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 richness and complexity and questions the utility of abstract unitary theories. The author argues that, notwithstanding contract law's complexity, it successfully facilitates the formation and enforcement of private arrangements and ensures a degree of fairness in the process of exchange. Each chapter presents a pair of largely contrasting theories to clarify the central issue of contract law and theory, to set forth the range of views, and to help identify a practical middle ground. Among the contract theories discussed and analyzed are promise, contextual, feminist, formal, mainstream, critical, economic, empirical, and relational. The book should interest legal theorists, practising lawyers, law students, and general readers who want to learn more about contract law and theory.
Approach to Rights
Studies in the Philosophy of Law and Morals
AvC.P. Wellman
Inbunden, Engelska, 1997
1 723 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 was trying to accomplish in each paper, how far he believes that he succeeded and where he failed. Thus the author provides a critical perspective both on his own theory and on alternative theories from which he borrows, or that he rejects. These essays identify the problems any adequate theory of rights must solve, describe the more plausible solutions and weigh the merits of each. They will be of special interest to any reader concerned with legal theory, moral philosophy or any branch of applied ethics or social policy in which appeals to rights are frequently made but seldom rationally satisfactory.
Law, Narrative and Reality
An Essay in Intercepting Politics
AvG.C. van Roermund
Inbunden, Engelska, 1997
1 016 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 contexts', in C. Faralli and E. Pattaro (eds.), Reason in Law, vol. III., Milano, A. Giuffre Editore, 1988, pp. 159-170; 'Justice, Rights, and Hu- man Dignity', in The Windsor Yearbook of Access to Justice, 7, 1987, pp. 46-65; 'Narrative coherence and the guises of legalism', in P. Nerhot (ed.), Law, Interpretation and Reality, Dordrecht - Boston, Kluwer Aca- demic Publishers, 1990, pp. 310-345; 'The Instituting of Brute Facts', in The International Journal for the Semiotics of Law / Revue internationale de semiotique juridique, 4, 1991, pp. 279-308. For chapters 1 and 9 I used the following materials: 'Law is narrative, not literature', in W.l. Witte- veen (ed.), Law, Rhetoric and Literature (Special Issue of the Dutch Jour- nal for Legal Philosophy and Legal Theory), 23, No.3, 1994, Zwolle, Tjeenk Willink, 1994, pp. 221-227 (with a response by R. Weisberg, pp.228-229); and 'Seeing Places: On Prepositions in Law', The International Journal for the Semiotics of Law / Revue internationale de semiotique juridique, 6, 1993, pp. 249-270. Chapter 5 was rewritten on the basis of 'The Instituting of Brute Facts'.
Del 31 - Law and Philosophy Library
Kantianism, Postmodernism and Critical Legal Thought
AvI. Ward
Inbunden, Engelska, 1997
1 521 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 doing so, it further suggests that the often perceived distance between these theories of law disguises a common intellectual foundation. This foundation lies in the work of Immanuel Kant. Kantianism, Postmodernism and Critical Legal Thought presents an intellectual history of critical legal thinking, beginning with Kant, and then proceeding through philosphers and legal theorists as diverse as Heidegger and Arendt, Foucault and Derrida, Rorty and Rawls, and Unger and Dworkin. Ultimately, it will be suggested that each of these philosophers is writing within a common intellectual tradition, and that by concentrating on the commonality of this tradition, contemporary legal theory can better appreciate the reconstructive potential of the critical legal project.
Del 32 - Law and Philosophy Library
Logical Tools for Modelling Legal Argument
A Study of Defeasible Reasoning in Law
AvH. Prakken
Inbunden, Engelska, 1997
2 026 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 considerable revision and expansion. Most importantly, I have replaced the formal argument-based system of the old Chapters 6, 7 and 8 with a revised and extended system, whieh I have developed during the last three years in collaboration with Giovanni Sartor. Apart from some technical improvements, the main additions to the old system are the enriehment of its language with a nonprovability operator, and the ability to formalise reasoning about preference criteria. Moreover, the new system has a very intuitive dialectieal form, as opposed to the rather unintuitive fixed-point appearance of the old system. Another important revision is the split of the old Chapter 9 into two new chapters. The oldSection 9. 1 on related research has been updated and expanded into a whole chapter, while the rest of the old chapter is now in revised form in Chapter 10. This chapter also contains two new contributions, a detailed discussion of Gordon's Pleadings Game, and a general description of a multi-Iayered overall view on the structure of argu mentation, comprising a logieal, dialectical, procedural and strategie layer. Finally, in the revised conclusion I have paid more attention to the relevance of my investigations for legal philosophy and argumentation theory.
Del 33 - Law and Philosophy Library
Autonomy, Authority and Moral Responsibility
AvT. May
Inbunden, Engelska, 1997
1 104 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. Indeed, as we shall see as this work progresses, the issues raised are central to moral psychology, religion, professional ethics, medical ethics, and the nature of moral systems generally. Although the title of this work is Autonomy. Authority and Moral Responsibility. we shall be concerned with the more general question about the relationship between autonomy (or self-direction) and exter nal influences, which I take to be any guide to behavior whose presence, content or substance is dependent upon something beyond the control of the agent. Something is beyond the control of the agent if the agent cannot determine whether or not it is present, what its content consists of, or whether or not (or in what way) it influences her. These "external" influences may include (but are not necessarily limited to) religious con victions (which guide behavior according to a doctrine whose content is established independently of the agent); moral obligations (which re quire action in accordance with some moral theory); and desires for ob jects or states of affairs whose presence (or absence) is beyond the con trol of the agent. Of course, external influences may also include the requirements of authority or law.
Del 34 - Law and Philosophy Library
Theory of Legal Sentences
AvManuel Atienza,J. Ruiz Manero
Inbunden, Engelska, 1997
1 016 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 different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.
Law and Reflexive Politics
AvE.A. Christodoulidis
Inbunden, Engelska, 1998
2 026 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 it argues that the law cannot, as these theorists would have it, contain the politics of civil society and exhaust what these politics are about. The first part of the book explores the recent trends in legal and political theory that suggest the internal linking of democracy and law. The second part is a critique of these positions through an application of systems theory, but one that offers an internal critique of systems theory itself as well as a study of the inter-relationships between law, politics and conflict. The final part advances a suggestion for a definition, or re-conceptualization, of the political as "reflexive", that will re-politicize law's rendering of conflict, political action and identity. What is "stilled" by the law here becomes contested terrain again and, as such, political.
Del 36 - Law and Philosophy Library
Extending Deontic Logic for the Formalisation of Legal Rules
AvL.L. Royakkers
Inbunden, Engelska, 1998
1 622 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 developed for the propositional calculus, to also be applicable for deontic logic. For those who are not familiar with deontic logic or with the axiomatic deduction, this method is a useful tool to check whether a formula is valid or not. * The addition of the notion of commitment in chapter 5, and the notion of weak and strong permission in chapter 7. * The omission of the chapter concerning defeasible deontic logic, of which a revised version is published in [Nute, 1997]. * Chapter 6 has been revised rather thoroughly. Here I introduce the logic of enact- ment based on epistemic logic and local reasoning to express normative inconsis- tencies in a consistent way. I wish to thank John-Jules Meyer, Giovanni Sartor and Marek Sergot for their suggestions and criticisms of my PhD thesis, which have improved this book. Heleen Neggers and Jan Draisma deserve credit for the layout.Special thanks go to Frank Dignum for his continuous support and inspiring sugges- tions. v Contents 1 Introduction 1 1.1 Logic and law...1 ...1.2 Conflicting speed limits ...3 . .

Law and Philosophy Library – serie

Logic in Law

Responsibility and Criminal Liability

Moral Pluralism and Legal Neutrality

Procedural Justice

Law, Interpretation and Reality

Legal Knowledge and Analogy

Law, Institution and Legal Politics

Judicial Application of Law

Critical Studies in Private Law

Hart's Legal Philosophy

Institutional Legal Facts

On Criminalization

Adam Smith and the Philosophy of Law and Economics

Opposite Mirrors

Adam Smith and the Philosophy of Law and Economics

Informatics and the Foundations of Legal Reasoning

Rights and Decisions

`Discovery' in Legal Decision-Making

Reason, Democracy, Society

Tapestry of the Law

Reasoning with Rules

Richness of Contract Law

Approach to Rights

Law, Narrative and Reality

Kantianism, Postmodernism and Critical Legal Thought

Logical Tools for Modelling Legal Argument

Autonomy, Authority and Moral Responsibility

Theory of Legal Sentences

Law and Reflexive Politics

Extending Deontic Logic for the Formalisation of Legal Rules

Law and Philosophy Library – serie

Logic in Law

Responsibility and Criminal Liability

Moral Pluralism and Legal Neutrality

Procedural Justice

Law, Interpretation and Reality

Legal Knowledge and Analogy

Law, Institution and Legal Politics

Judicial Application of Law

Critical Studies in Private Law

Hart's Legal Philosophy

Institutional Legal Facts

On Criminalization

Adam Smith and the Philosophy of Law and Economics

Opposite Mirrors

Adam Smith and the Philosophy of Law and Economics

Informatics and the Foundations of Legal Reasoning

Rights and Decisions

`Discovery' in Legal Decision-Making

Reason, Democracy, Society

Tapestry of the Law

Reasoning with Rules

Richness of Contract Law

Approach to Rights

Law, Narrative and Reality

Kantianism, Postmodernism and Critical Legal Thought

Logical Tools for Modelling Legal Argument

Autonomy, Authority and Moral Responsibility

Theory of Legal Sentences

Law and Reflexive Politics

Extending Deontic Logic for the Formalisation of Legal Rules