The Rational as Reasonable

The Rational as Reasonable
Author: Aulis Aarnio
Publisher: Springer Science & Business Media
Total Pages: 293
Release: 2012-12-06
Genre: Philosophy
ISBN: 9400947003

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. 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. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowned scholars. Legal philosophy should not be considered a narrowly circumscribed field. Insights into law and legal institutions can come from diverse disciplines on a wide range of topics. Among the relevant disciplines or perspectives con tributing to legal philosophy, besides law and philosophy, are anthropology, economics, political science, and sociology. Among the topics included in legal philosophy are theories of law; the concepts of law and legal institutions; legal reasoning and adjudication; epistemological issues of evidence and pro cedure; law and justice, economics, politics, or morality; legal ethics; and theories oflegal fields such as criminal law, contracts, and property.

Pure Theory of Law

Pure Theory of Law
Author: Hans Kelsen
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 366
Release: 2005
Genre: Law
ISBN: 1584775785

Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.

Truthlikeness

Truthlikeness
Author: I. Niiniluoto
Publisher: Springer Science & Business Media
Total Pages: 542
Release: 2012-12-06
Genre: Philosophy
ISBN: 9400937393

The modern discussion on the concept of truthlikeness was started in 1960. In his influential Word and Object, W. V. O. Quine argued that Charles Peirce's definition of truth as the limit of inquiry is faulty for the reason that the notion 'nearer than' is only "defined for numbers and not for theories". In his contribution to the 1960 International Congress for Logic, Methodology, and Philosophy of Science at Stan ford, Karl Popper defended the opposite view by defining a compara tive notion of verisimilitude for theories. was originally introduced by the The concept of verisimilitude Ancient sceptics to moderate their radical thesis of the inaccessibility of truth. But soon verisimilitudo, indicating likeness to the truth, was confused with probabilitas, which expresses an opiniotative attitude weaker than full certainty. The idea of truthlikeness fell in disrepute also as a result of the careless, often confused and metaphysically loaded way in which many philosophers used - and still use - such concepts as 'degree of truth', 'approximate truth', 'partial truth', and 'approach to the truth'. Popper's great achievement was his insight that the criticism against truthlikeness - by those who urge that it is meaningless to speak about 'closeness to truth' - is more based on prejudice than argument.

The Law in Philosophical Perspectives

The Law in Philosophical Perspectives
Author: Luc J. Wintgens
Publisher: Springer Science & Business Media
Total Pages: 284
Release: 2013-04-17
Genre: Philosophy
ISBN: 9401593175

In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. 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. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.

Essays on the Doctrinal Study of Law

Essays on the Doctrinal Study of Law
Author: Aulis Aarnio
Publisher: Springer Science & Business Media
Total Pages: 222
Release: 2011-07-10
Genre: Philosophy
ISBN: 9400716559

Essays on the Doctrinal Study of Law is a summary of the author’s 40 years of research in the fields of civil law and the philosophy of law. The main focus is on the two main tasks in the doctrinal study of law: the interpretation and systematisation of legal norms. In this regard, Professor Aarnio deals with the theory of argumentation as well as with its foundations - i.e., with the ontology, epistemology and methodology of legal thinking - and develops the ideas that were first presented in The Rational as Reasonable (Kluwer 1987) in all of these dimensions. The work includes an updated discussion on the writings of Robert Alexy, Jûrgen Habermas, Ronald Dworkin and Alf Ross. A focal point of view concerns the distinction between positivism and non-positivism, in which the core of the criticism focuses on Scandinavian realism.

MacCormick's Scotland

MacCormick's Scotland
Author: Neil Walker
Publisher: Edinburgh University Press
Total Pages: 261
Release: 2012-03-26
Genre: Law
ISBN: 0748649301

A Gedenkschrift to one of Scotland's most prominent jurists and legal thinkers.

There is no Supreme Constitution

There is no Supreme Constitution
Author: Koos Malan
Publisher: AFRICAN SUN MeDIA
Total Pages: 312
Release: 2019-10-04
Genre: Political Science
ISBN: 1928480268

None of the articles of faith of the South African Constitution is plausible. The Constitution is not supreme and entrenched. Subject to potent socio-political forces it changes continuously and often profoundly regardless of stringent amendment requirements. The trite threefold separation of powers is more metaphorical than real and therefore unable to secure effective checks and balances. Though institutionally separated with their own personnel and functions, the three powers are ordinarily integrated in a single dominant political leadership, committed to achieving the same ideological goals. The bill of individual rights cannot guarantee justice, because rights are subject to the ideologically-driven exercise of judicial interpretation, often with damaging consequences for those relying on the bill of rights. This situation does not only apply to South Africa, but to all Constitutions premised on the same articles of faith, in this book described as the doctrine of statist-individualist constitutionalism. An improved mode of constitutionalism is called for - one which is equipped with a sounder system of checks and balances and better endowed towards the achievement of justice through a balanced constitution.

Law and Citizenship

Law and Citizenship
Author: Law Commission of Canada
Publisher: UBC Press
Total Pages: 231
Release: 2011-11-01
Genre: Political Science
ISBN: 077484079X

The essays in Law and Citizenship provide a framework for analyzing citizenship in an increasingly globalized world by addressing a number of fundamental questions. How are traditional notions of citizenship erecting borders against those who are excluded? What are the impacts of changing notions of state, borders, and participation on our concepts of citizenship? Within territorial borders, to what extent are citizens able to participate, given that the principles of accountability, transparency, and representativeness remain ideals? The contributors address the numerous implications of the concept of citizenship for public policy, international law, poverty law, immigration law, constitutional law, history, political science, and sociology.