Law, Truth, and Reason A Treatise on Legal Argumentation /
This book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among other...
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| Format: | Electronic eBook |
| Language: | English |
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Dordrecht :
Springer Netherlands,
2011.
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| Series: | Law and Philosophy Library,
97 |
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| Online Access: | Full Text via HEAL-Link |
Table of Contents:
- 1. Introduction
- 2. An Isomorphic Theory of Law: A Relation of Structural Similarity between the Two Fact-Constellations Compared
- 3. Coherence Theory of Law: Shared Congruence among Arguments Drawn from the Institutional and Societal Sources of Law
- 4. “Between the Evident and the Irrational”: The New Rhetoric and Legal Argumentation Theory
- 5. Philosophical Pragmatism: Law, Judged in Light of Its Social Effects
- 6. Analytical Legal Positivism: Retracing the Original Intentions of the Legislator under Legal Exegesis
- 7. Legal Realism: The Law in Action, Not the Law in Books, as the Subject Matter of Legal Analysis
- 8. Legal Conventionalism: Law as an Expression of Collective Intentionality
- 9. “Die Rechtssätze in ihrem systematischen Zusammenhang zu erkennen” – The Thrust of Legal Formalism
- 10. Natural Law Philosophy: Law as a Subordinate to Social Justice and Political Morality in Society
- 11. Radical Decisionism: Social Justice on a Strictly Contextualist Basis
- 12. Intermission
- 13. Law and Metaphysics.
