Bücher der Reihe Law and Philosophy Library

The emphasis is on analysis, not on logical technicalities.Studies in Legal Logic contains chapters about the nature of norms, the role of coherence in the law, the nature of defeasibility, the role of dialectics in law and artificial intelligence, the statics and dynamics of the law, and the consistency of rules.

Ought fetuses to be given legal rights requiring pregnant women to submit to medical treatment without their consent? Thus, these essays test the usefulness of the theory of rights explained and defended in An Approach to Rights and elsewhere.

Previous answers to this question fall into two groups: interest/benefit theories of rights and choice/will theories. This book proposes an alternative to these traditional views: the justified-constraint theory of rights, which avoids the pitfalls of earlier theories, and solves the puzzle of the relational nature of rights.

Moral Dilemmas in Real Life purports to supply ways of thinking of, perhaps even dealing with, the ins and outs of ethical argument.

Methods of Legal Reasoning describes and criticizes four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics.

Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon.

This book describes the rule of law as the reign of persuasion rather than the reign of force, and democracy as the reign by persuasion rather than the reign by force. The book is the first systematic elaboration on law as a symbolic form and it sheds new light on a still dark area of intellectual and jurisprudential thought.

How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments?

Talk about law often includes reference to ideals of justice, equality or freedom. This book explores the concept of ideals by combining an investigation of different theories of ideals with a discussion of the role of ideals in law.

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.

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.

Philosophical aspects of law and jurisprudence are investigated from various points of view. The concept of norm as a directive of conduct is the central category analyzed in particular essays. The author also touches on general methodological problems of legal theory and philosophy, particularly their relations to social sciences.

Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field.

This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law.

This book is a thorough treatise concerned with coherence and its significance in legal reasoning. By presenting such a broad scope of views and methods on approaching the issue of coherence we hope to promote the general interest in the topic as well as the academic research that centers around coherence and law.

Planned as a celebration of MacCormick's work, this is an homage and salute in which contributors undertake a critical reconstruction, revealing the connections of his writings, and furthering his insights in post-sovereign legal and democratic theory.

A collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance.

Fifty years after the famous essay "The Problem of Social Cost" (1960) by the Nobel laureate Ronald Coase, Law and Economics seems to have become the lingua franca of American jurisprudence, and although its influence on European jurisprudence is only moderate by comparison, it has also gained popularity in Europe.

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.

On their face, such discussions may owe more or less explicitly to Kant, but, in their basic intellectual structure, they share a recognisably common commitment to certain ideas emerging from the liberal Enlightenment and embodied within a theory of criminal justice and punishment which is in this broader sense 'Kantian'.

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. 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.

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.

Problems of Normativity, Rules and Rule-Following"

The book investigates the role of law and legal experts in the organisational dynamics of a population, demonstrating that law is a stable practice among those who (in virtue of the special knowledge they master) are called upon to select the 'normative facts' of a population, i.e.

Reason, Democracy, Society deals with basic points of legal theory and philosophy of law. 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.

This book deals with a central problem throughout the legal profession -a solution to the problem is sought and reached in some basic form.

A collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance.