A Treatise of Legal Philosophy and General Jurisprudence

• Main Authors: Pattaro, Enrico (Author), Rottleuthner, Hubert (Author), Shiner, Roger A. (Author), Peczenik, Aleksander (Author), Sartor, Giovanni (Author)
• Corporate Author: SpringerLink (Online service)
• Other Authors: Roversi, Corrado (Editor)
• Format: Electronic eBook
• Language: English
• Published: Dordrecht : Springer Netherlands, 2005.
• Subjects: Philosophy.; Political science.; Law > Philosophy.; Law.; Philosophy of Law.; Theories of Law, Philosophy of Law, Legal History.; Philosophy, general.; Fundamentals of Law.

A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the...

Table of Contents:

• The Reality That Ought to Be: Problems and Critical Issues
• A First Glance
• Dualism and Interaction Between the Reality that Ought to Be and the Reality that is: Validity as a Pineal Gland
• Taking a Dive Into the Sources of Law
• The Problem of the Matrix
• The Reality That Ought to Be: A Monistic Perspective. Norms as Beliefs and as Motives of Behaviour
• The Motives of Human Behaviour
• Norms As Beliefs
• How Norms Proliferate in Human Brains
• Family Portraits. Law as Interference in the Motives of Behaviour
• No Law Without Norms
• But Norms are Not Enough. the Interaction Between Language and Motives of Behaviour
• The Law in Force: an Ambiguous Intertwining of Normativeness and Organised Power
• In Search of Confirming Others
• The Reality that Ought to Be as Fate
• What is Right in Homeric Epic
• What is Right, What Is Just, Ratio As Type: Sanctus Thoma Docet
• The Law and What is Right. Hans Kelsen Under Suspicion
• Nature and Culture
• What Does “Foundations” Mean?
• What Does “Foundations” Mean?
• The Explanandum: What is Law?
• The Explanandum: What is Law?
• Extra-Legal Foundations of Law—Variations on Legally External Foundations
• Extra-Legal Foundations of Law—Variations on Legally External Foundations
• Internal Foundations of Law
• Internal Foundations of Law
• Anti-Foundationalism
• Anti-Foundationalism
• General Tendencies
• General Tendencies
• Problems of Explanation
• Problems of Explanation
• Summary
• Summary
• Legislation
• Legislation
• Precedent
• Precedent
• Custom
• Custom
• Delegation
• Delegation
• Constitutions
• Constitutions
• Sources of Law in the Civil Law
• Sources of Law in the Civil Law
• International Law
• International Law
• Authority
• Authority
• Legal Doctrine and Legal Theory
• Legal Doctrine and Legal Theory
• Particular Legal Doctrine
• Particular Legal Doctrine
• Criticism and Defence of Legal Doctrine
• Criticism and Defence of Legal Doctrine
• Law And Morality
• Law And Morality
• Coherence in Legal Doctrine
• Coherence in Legal Doctrine
• Metatheory and Ontology for Legal Doctrine
• Metatheory and Ontology for Legal Doctrine
• Conclusions
• Conclusions
• Legal Reasoning and Practical Rationality
• Practical Rationality
• Basic Forms of Reasoning
• The Doxification of Practical Reasoning
• Rationalisation, Reflexivity, Universality
• Bounded Rationality: Cognitive Delegation
• Bounded Rationality: Factors
• Preference-Based Reasoning: Rules
• Preference-Based Reasoning: Factors
• Multi-Agent Practical Reasoning
• Collective Intentionality
• Collective Cognition and Dialogues
• Cognitive and Legal Bindingness
• The Foundation of Legal Bindingness
• Legal Logic
• Law and Logic
• Classical Logic and the Law
• Actions
• Deontic Notions
• Negation, Permission, and Completeness
• Obligational Concepts
• Normative Conditionals and Legal Inference
• Varieties of Normative Conditionals
• Potestative Concepts
• Proclamations
• Proclamative Power
• Normative Texts and Sources of Law
• Argumentation Frameworks
• Argument Logic
• Cases and Theory Construction
• Theory-Based Dialectics
• Conclusion
• Conclusion.