A Theory Of Legal Sentences

Author : Manuel Atienza,J. Ruiz Manero
Publisher : Springer Science & Business Media
Page : 216 pages
File Size : 44,5 Mb
Release : 2012-12-06
Category : Philosophy
ISBN : 9789400708488

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A Theory of Legal Sentences by Manuel Atienza,J. Ruiz Manero Pdf

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, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.

Author : N. MacCormick,Ota Weinberger
Publisher : Springer Science & Business Media
Page : 254 pages
File Size : 52,6 Mb
Release : 1986-01-31
Category : Philosophy
ISBN : 9027720797

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An Institutional Theory of Law by N. MacCormick,Ota Weinberger Pdf

Author : Robert S. Cohen,Ingeborg K. Helling
Publisher : Springer
Page : 366 pages
File Size : 49,6 Mb
Release : 2014-05-19
Category : Science
ISBN : 9783319028453

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Felix Kaufmann's Theory and Method in the Social Sciences by Robert S. Cohen,Ingeborg K. Helling Pdf

This volume contains the English translation of Felix Kaufmann's (1895-1945) main work Methodenlehre der Sozialwissenschaften (1936). In this book, Kaufmann develops a general theory of knowledge of the social sciences in his role as a cross-border commuter between Husserl's phenomenology, Kelsen's pure theory of law and the logical positivism of the Vienna Circle. This multilayered inquiry connects the value-oriented reflections of a general philosophy of science with the specificity of the methods and theories of the social sciences, as opposed to abstract natural science and psychology. The core focus of the study is the attempt to elucidate how and under what conditions scientific knowledge about social facts, empirically justified and theoretically embedded, can be obtained. The empirical basis of knowledge within the social sciences forms a phenomenological concept of experience. According to Kaufmann, this concept of experience exhibits a complex structure. Within the meaning-interpretation of human action as the core of knowledge in the social sciences, this structure reaches out across the isolated act of verification toward the synthesis of external and internal experiences. The book opens with a detailed and useful introduction by Ingeborg K. Helling, which introduces the historical and theoretical background of Kaufmann's study and specifically illuminates his relation to Alfred Schütz and John Dewey. Finally, it contains interviews with and letters to members of his family, colleagues and students.

Author : Jordi Ferrer Beltrán,José Juan Moreso,Diego M. Papayannis
Publisher : Springer Science & Business Media
Page : 283 pages
File Size : 55,5 Mb
Release : 2013-04-03
Category : Law
ISBN : 9789400760677

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Neutrality and Theory of Law by Jordi Ferrer Beltrán,José Juan Moreso,Diego M. Papayannis Pdf

This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. 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. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.

Author : Georg Meggle
Publisher : Walter de Gruyter
Page : 393 pages
File Size : 46,7 Mb
Release : 2011-04-20
Category : Philosophy
ISBN : 9783110802450

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Actions, Norms, Values by Georg Meggle Pdf

Author : Charles W. Collier
Publisher : Oxford University Press
Page : 208 pages
File Size : 46,5 Mb
Release : 2009-08-07
Category : Law
ISBN : 9780199745197

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Meaning in Law: A Theory of Speech by Charles W. Collier Pdf

Despite widespread admiration for the First Amendment's protection of speech, this iconic feature of American legal thought has never been adequately theorized. Existing theories of speech proceed on the basis of legal doctrine and judicial decisionmaking, social and political philosophy, or legal and intellectual history. But these are not the disciplines one would most naturally turn to in analyzing speech. Meaning in Law: A Theory of Speech takes a new and different approach. This book develops a general legal theory of speech on the basis of linguistic theory and the philosophy of language. The opening chapters retrace the main conceptual stages in the expression of meaning: from natural meaning, through symbolism, to signification. Later chapters analyze symbolic speech (communication by nonlinguistic means) as the key to developing an intention-based theory of speech. The essential elements of the theory are (1) nonnatural meaning, (2) the signaling of intent, (3) the recognition of intent, and (4) establishing a convention. A final chapter applies these insights to the case law of symbolic speech and resolves some basic confusions in the legal literature. This analysis proceeds by way of an original distinction between actual conduct (in the real world) and the "ideal conduct" described in a statute. The former may be described both as communicative and noncommunicative, while the latter has already been conceptualized as either communicative or noncommunicative. This distinction clears up a major legal quandary: how conduct that counts as communication may nevertheless be regulated or prohibited, without running afoul of the First Amendment's protection of speech.

Author : Andrew Ashworth,Martin Wasik
Publisher : Oxford Monographs on Criminal
Page : 314 pages
File Size : 47,5 Mb
Release : 1998
Category : Law
ISBN : 9780198262565

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Fundamentals of Sentencing Theory by Andrew Ashworth,Martin Wasik Pdf

The Oxford Monographs on Criminal Law and Justice series covers all aspects of criminal law and procedure including criminal evidence. The scope of the series is wide, encompassing both practical and theoretical works. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays consider several issues affecting the discipline including the underlying justifications for the imposition of punishment by the State, areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected, and includes various questions about the unequal impact on offenders of different sentencing measures. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection.

Author : Michał Araszkiewicz,Krzysztof Płeszka
Publisher : Springer
Page : 556 pages
File Size : 48,5 Mb
Release : 2015-10-05
Category : Law
ISBN : 9783319195759

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Logic in the Theory and Practice of Lawmaking by Michał Araszkiewicz,Krzysztof Płeszka Pdf

This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of law making. Elaborations of the process of law making have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in law making. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems—and some possible solutions—as seen through the work of leading contemporary academics. The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of law making taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law. How does logic inform lawmaking? Are legal systems consistent and complete? How can legal rules be represented by means of formal calculi and visualization techniques? Does the structure of statutes or of legal systems resemble the structure of deductive systems? What are the logical relations between the basic concepts of jurisprudence that constitute the system of law? How are theories of legal interpretation relevant to the process of legislation? How might the statutory text be analysed by means of contemporary computer programs? These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection.

Author : N. MacCormick,Ota Weinberger
Publisher : Springer Science & Business Media
Page : 242 pages
File Size : 49,8 Mb
Release : 2013-04-17
Category : Philosophy
ISBN : 9789401577274

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An Institutional Theory of Law by N. MacCormick,Ota Weinberger Pdf

Author : Sanne Taekema
Publisher : Springer Science & Business Media
Page : 274 pages
File Size : 55,9 Mb
Release : 2002-12-31
Category : Philosophy
ISBN : 904111971X

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The Concept of Ideals in Legal Theory by Sanne Taekema Pdf

Talk about law often includes reference to ideals of justice, equality or freedom. But what do we refer to when we speak about ideals in the context of law? 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. A comparison of the theories of Gustav Radbruch and Philip Selznick leads up to a pragmatist theory of legal ideals, which provides an interesting new position in the debate about values in law between legal positivists and natural law thinkers. Attention for law's central ideals enables us to understand law's autonomous character, while at the same time tracing its connection to societal values. Essential reading for anyone interested in the role of values or ideals in law.

Author : Thom Brooks
Publisher : BRILL
Page : 348 pages
File Size : 41,6 Mb
Release : 2013-11-07
Category : Philosophy
ISBN : 9789004262935

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Law and Legal Theory by Thom Brooks Pdf

What is the relation between law and democracy and how might it be improved? What values should inform the body of laws that govern us all? How should we determine crimes from non-crimes? What justifies state punishment, if anything? Law and Legal Theory brings together some of the most important essays in the area of the philosophy of law written by leading, international scholars and offering significant contributions to how we understand law and legal theory to help shape future debates. Contributors include Christopher Bennett, Samantha Besson, Thom Brooks, Brian Butler, Sean Coyle, Rowan Cruft, Leonard Kahn, Richard Lippke, Andrew March, Matt Matravers, Adina Preda, Maria Cristina Redondo, Hanoch Sheinman and Leo Zaibert.

Author : Gregory Tardi
Publisher : Unknown
Page : 768 pages
File Size : 42,7 Mb
Release : 2015
Category : Administrative law
ISBN : 0779873254

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The Theory and Practice of Political Law by Gregory Tardi Pdf

Author : Humberto Avila
Publisher : Springer Science & Business Media
Page : 166 pages
File Size : 41,7 Mb
Release : 2007-09-26
Category : Law
ISBN : 9781402058790

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Theory of Legal Principles by Humberto Avila Pdf

This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.

Author : Matthew C. Altman
Publisher : Routledge
Page : 211 pages
File Size : 47,9 Mb
Release : 2021-05-05
Category : Law
ISBN : 9781000379341

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A Theory of Legal Punishment by Matthew C. Altman Pdf

This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.

Author : Wesley Cragg
Publisher : Routledge
Page : 272 pages
File Size : 49,6 Mb
Release : 2003-09-02
Category : Philosophy
ISBN : 9781134965892

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The Practice of Punishment by Wesley Cragg Pdf

This study focuses on the practice of punishment, as it is inflicted by the state. The author's first-hand experience with penal reform, combined with philosophical reflection, has led him to develop a theory of punishment that identifies the principles of sentencing and corrections on which modern correctional systems should be built. This new theory of punishment is built on the view that the central function of the law is to reduce the need to use force in the resolution of disputes. Professor Cragg argues that the proper role of sentencing and sentence administration is to sustain public confidence in the capacity of the law to fulfil that function. Sentencing and corrections should therefore be guided by principles of restorative justice. He points out that, although punishment may be an inevitable concomitant of law enforcement in general and sentencing in particular, inflicting punishment is not a legitimate objective of criminal justice. The strength and appeal of this account is that it moves well beyond the boundaries of conventional discussions. It examines punishment within the framework of policing and adjudication, analyses the relationship between punishment and sentencing, and provides a basis for evaluating correctional practices and such developments as electronic monitoring.