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Author: Pauline Westerman Publisher: Springer ISBN: 3319775227 Category : Law Languages : en Pages : 271
Book Description
This book features essays that investigate the nature of legal validity from the point of view of different traditions and disciplines. Validity is a fascinating and elusive characteristic of law that in itself deserves to be explored, but further investigation is made more acute and necessary by the production, nowadays, of soft law products of regulation, such as declarations, self-regulatory codes, and standardization norms. These types of rules may not exhibit the characteristics of formal law, and may lack full formal validity but yet may have a very real impact on people's lives. The essays focus on the structural properties of hard and soft legal phenomena and the basis of their validity. Some propose to redefine validity: to allow for multiple concepts instead of one and/or to allow for a gradual concept of validity. Others seek to analyze the new situation by linking it to familiar historical debates and well-established theories of law. In addition, coverage looks at the functions of validity itself. The discussion considers both international law as well as domestic law arrangements. What does it mean to say that something is valid? Should we discard validity as the determining aspect of law? If so, what does this mean for our concept of law? Should we differentiate between kinds of validity? Or, can we say that rules can be "more" or "less" valid? After reading this book, practitioners, scholars and students will have a nuanced understanding of these questions and more. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Author: Pauline Westerman Publisher: Springer ISBN: 3319775227 Category : Law Languages : en Pages : 271
Book Description
This book features essays that investigate the nature of legal validity from the point of view of different traditions and disciplines. Validity is a fascinating and elusive characteristic of law that in itself deserves to be explored, but further investigation is made more acute and necessary by the production, nowadays, of soft law products of regulation, such as declarations, self-regulatory codes, and standardization norms. These types of rules may not exhibit the characteristics of formal law, and may lack full formal validity but yet may have a very real impact on people's lives. The essays focus on the structural properties of hard and soft legal phenomena and the basis of their validity. Some propose to redefine validity: to allow for multiple concepts instead of one and/or to allow for a gradual concept of validity. Others seek to analyze the new situation by linking it to familiar historical debates and well-established theories of law. In addition, coverage looks at the functions of validity itself. The discussion considers both international law as well as domestic law arrangements. What does it mean to say that something is valid? Should we discard validity as the determining aspect of law? If so, what does this mean for our concept of law? Should we differentiate between kinds of validity? Or, can we say that rules can be "more" or "less" valid? After reading this book, practitioners, scholars and students will have a nuanced understanding of these questions and more. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Author: Allan C Hutchinson Publisher: Bloomsbury Publishing ISBN: 150996522X Category : Law Languages : en Pages : 247
Book Description
More has been said about the Hart-Fuller debate than can be considered healthy or productive even within the precious world of jurisprudential scholarship – too much philosophising about how law has revelled in its own abstractness and narrowness. But the mission of this book is distinctly and determinedly different – it is not to rework these already-rehashed ideas, but to reject them entirely. Rather than add to the massive jurisprudential literature that has been generated by all and sundry, the book criticises and abandons the project that Hart and Fuller set in motion. It contends that the turn that was taken in 1957 has led down a series of cul-de-sacs, blind alleys, and dead-ends to nowhere useful or illuminating. It is more than past time to leave their debate behind and strike out in an entirely new and more promising direction. The book insists that not only law, but also all theorising about law, is political in all its derivations, dimensions, and directions.
Author: Terence Irwin Publisher: OUP Oxford ISBN: 0191562408 Category : Philosophy Languages : en Pages : 937
Book Description
The Development of Ethics is a selective historical and critical study of moral philosophy in the Socratic tradition, with special attention to Aristotelian naturalism. It discusses the main topics of moral philosophy as they have developed historically, including: the human good, human nature, justice, friendship, and morality; the methods of moral inquiry; the virtues and their connexions; will, freedom, and responsibility; reason and emotion; relativism, subjectivism, and realism; the theological aspect of morality. This volume examines early modern moral philosophy from the sixteenth to the eighteenth century. Volume 3 will continue the story up to Rawls's Theory of Justice. The present volume begins with Suarez's interpretation of Scholastic moral philosophy, and examines seventeenth- and eighteenth- century responses to the Scholastic outlook, to see how far they constitute a distinctively different conception of moral philosophy. The treatments of natural law by Grotius, Hobbes, Cumberland, and Pufendorf are treated in some detail. Disputes about moral facts, moral judgments, and moral motivation, are traced through Cudworth, Clarke, Balguy, Hutcheson, Hume, Price, and Reid. Butler's defence of a naturalist account of morality is examined and compared with the Aristotelian and Scholastic views discussed in Volume 1. The volume ends with a survey of the persistence of voluntarism in English moral philosophy, and a brief discussion of the contrasts and connexions between Rousseau and earlier views on natural law. The emphasis of the book is not purely descriptive, narrative, or exegetical, but also philosophical. Irwin discusses the comparative merits of different views, the difficulties that they raise, and how some of the difficulties might be resolved. The book tries to present the leading moral philosophers of the past as participants in a rational discussion that is still being carried on, and tries to help the reader to participate in this discussion.
Author: Eveline T. Feteris Publisher: Springer ISBN: 9402411291 Category : Philosophy Languages : en Pages : 371
Book Description
This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, Artificial Intelligence and law, and the pragma-dialectical theory of legal argumentation. Furthermore it provides an extensive and systematic overview of approaches and studies of legal argumentation in the context of legal justification in various legal systems and countries that have been important for the development of research of legal argumentation. The book contains a discussion of influential theories that conceive the law and legal justification as argumentative activity. From different disciplinary and theoretical angles it addresses such topics as the institutional characteristics of the law and the relation between general standards for moral discussions and legal standards such as the Rule of Law. It discusses patterns of legal justification in the context of different types of problems in the application of the law and it describes rules for rational legal discussions. The combination of the sound basis of the first edition and the discussions of new developments make this new edition an up-to-date and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as major approaches and trends in the contemporary research. It surveys the relevant theoretical factors both from various continental law traditions and common law countries.
Author: Imer B. Flores Publisher: Springer Science & Business Media ISBN: 940074742X Category : Philosophy Languages : en Pages : 196
Book Description
In recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it’s ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It discusses in detail the proper scope and limitations of adjudication and legislation, including the challenges not only of limiting legislative and executive power via judicial review but also of restraining active judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in maintaining a balance of power. It also addresses the relationship not only between the rule of law, human rights and separation of powers but also the rule of law, constitutionalism and democracy.
Author: Luc J. Wintgens Publisher: Routledge ISBN: 1317105915 Category : Law Languages : en Pages : 350
Book Description
This book establishes legisprudence, in contrast to jurisprudence, as a legal theory of rational law-making. It suggests that by rejecting the common wisdom about the nature of political law-making, legislation could be improved and streamlined. Using the methods, theoretical insights and tools of current legal theory and philosophy of law in a new way, the book suggests the creation of law by legislators rather than government. Raising new questions and problems of the validity of norms, the book opens a new perspective on legitimacy of norms, their meaning and the structure of the legal system. In distinguishing legitimacy and legitimation of law, the book ventures into the philosophical roots of legal theory and suggests the articulation of a new conception of sovereignty. In shifting the emphasis to the position of the legislator and legislation, this book opens a number of new insights into the relationship between legislative problems and legal theory. Its main claim is that legislation should be justified by the legislator.
Author: Alessandro Capone Publisher: Springer ISBN: 3319303856 Category : Language Arts & Disciplines Languages : en Pages : 278
Book Description
This volume highlights important aspects of the complex relationship between common language and legal practice. It hosts an interdisciplinary discussion between cognitive science, philosophy of language and philosophy of law, in which an international group of authors aims to promote, enrich and refine this new debate. Philosophers of law have always shown a keen interest in cognitive science and philosophy of language in order to find tools to solve their problems: recently this interest was reciprocated and scholars from cognitive science and philosophy of language now look to the law as a testing ground for their theses. Using the most sophisticated tools available to pragmatics, sociolinguistics, cognitive sciences and legal theory, an interdisciplinary, international group of authors address questions like: Does legal interpretation differ from ordinary understanding? Is the common pragmatic apparatus appropriate to legal practice? What can pragmatics teach about the concept of law and pervasive legal phenomena such as testimony or legal disagreements?
Author: James Popple Publisher: Dartmouth (Ashgate) ISBN: 1855217392 Category : Law Languages : en Pages : 406
Book Description
Most legal expert systems attempt to implement complex models of legal reasoning. This book argues that a complex model is unnecessary. It advocates a simpler, pragmatic approach in which the utility of a legal expert system is evaluated by reference, not to the extent to which it simulates a lawyer's approach to a legal problem, but to the quality of its predictions and of its arguments. The author describes the development of a legal expert system, called SHYSTER, which takes a pragmatic approach to case law. He discusses the testing of SHYSTER in four different and disparate areas of case law, and draws conclusions about the advantages and limitations of this approach to legal expert system development. Chapter 1 presents a critical analysis of previous work of relevance to the development of legal expert systems. Chapter 2 explains the pragmatic approach that was adopted in the development of SHYSTER. The implementation of SHYSTER is detailed using examples in chapter 3. Chapter 4 describes the testing of SHYSTER, and conclusions are drawn from those tests in chapter 5. Examples of SHYSTER's output are provided in appendices.
Author: Andrzej Grabowski Publisher: Springer Science & Business Media ISBN: 3642276881 Category : Law Languages : en Pages : 603
Book Description
This book presents the theory of the validity of legal norms, aimed at the practice of law, in particular the jurisdiction of the constitutional courts. The postpositivist concept of the validity of statutory law, grounded on a critical analysis of the basic theories of legal validity elaborated up to now, is introduced. In the first part of the book a contemporary German nonpositivist conception of law developed by Ralf Dreier and Robert Alexy is analysed in order to answer the question whether the juristic concept of legal validity should include moral standards or criteria. In the second part, a postpositivist concept of legal validity and an innovative model of validity discourse, based on the juristic presumption of the validity of legal norms, are proposed. The book is a work on analytical legal theory, written from a postpositivist, detached point of view.
Author: Pauline Westerman
Author: Pauline Westerman
Author: Allan C Hutchinson
Author: Terence Irwin
Author: Paul T. Durbin
Author: Eveline T. Feteris
Author: Imer B. Flores
Author: Luc J. Wintgens
Author: Alessandro Capone
Author: James Popple
Author: Andrzej Grabowski