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  • Reasons for Action and the Law

    by M.C. Redondo ...
    Series Book 43 - Law and Philosophy Library
    A focus on reasons for action and practical reason is the perspective chosen by many contemporary legal philosophers for the analysis of some central questions of their discipline. This book offers a critical evaluation of that approach, by carefully examining the empirical, logical and normative problems hidden behind the concepts of `reason for action' and `practical reasoning'. Unlike most ... Read more

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    A Survey of Theories on the Justification of Judicial Decisions

    Series series Philosophy and Religion (R0)
    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, ... Read more

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  • A Theory of Legal Sentences

    Series Book 34 - Law and Philosophy Library
    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, ... Read more

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  • Autonomy, Authority and Moral Responsibility

    by T. May ...
    Series Book 33 - Law and Philosophy Library
    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, ... Read more

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  • The Legacy of John Austin's Jurisprudence

    Series Book 103 - Law and Philosophy Library
    This is the first ever collected volume on John Austin, whose role in the founding of analytical jurisprudence is unquestionable. After 150 years, time has come to assess his legacy. The book fills a void in existing literature, by letting top scholars with diverse outlooks flesh out and discuss Austin’s legacy today. A nuanced, vibrant, and richly diverse picture of both his legal and ethical ... Read more

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  • Giving Reasons

    A Linguistic-Pragmatic Approach to Argumentation Theory

    Series series Social Sciences (R0)
    This book provides a new, linguistic approach to Argumentation Theory. Its main goal is to integrate the logical, dialectical and rhetorical dimensions of argumentation in a model providing a unitary treatment of its justificatory and persuasive powers. This model takes as its basis Speech Acts Theory in order to characterize argumentation as a second-order speech act complex. The result is a ... Read more

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  • The Notion of an Ideal Audience in Legal Argument

    Series series Philosophy and Religion (R0)
    As the dedication ofthis book suggests, the genesis ofthis book arises from my association with Cha'im Perelman. Because I was one of the few Americans to comment on his TraUe de l' argumentation: la nouvelle rhetorique, before it was translated into English, I was invited to a conference celebrating the translation ofthat monumental work into English that was held in August 1970 in Santa Barbara, ... Read more

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  • Informatics and the Foundations of Legal Reasoning

    Series Book 21 - Law and Philosophy Library
    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 ... Read more

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  • Reasoning with Rules

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    Series Book 27 - Law and Philosophy Library
    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 ... Read more

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    This volume explores the relation between legal reasoning and logic from both a historical and a systematic perspective. The topics addressed include, among others, conditional legal acts, disjunctions in legal acts, presumptions and conjectures, conflicts of values, Jørgensen´s Dilemma, the Rhetor´s Dilemma, the theory of legal fictions and the categorization of contracts. The unifying ... Read more

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