Bøger i Law and Philosophy Library serien

This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. 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.

The book investigates the role of law and legal experts in the organisational dynamics of a population, demonstrating that law is a stable practice among those who (in virtue of the special knowledge they master) are called upon to select the 'normative facts' of a population, i.e.

The present collection represents an attempt to bring together several contributions to the ongoing debate pertaining to supervenience of the normative in law and morals and strives to be the first work that addresses the topic comprehensively.

It provides detailed analyses of argument from authority, argument ad hominem, argument from ignorance, slippery slope argument and other general argument types. To evaluate an argument correctly one must be able to distinguish the sound instances of a certain argument type from its unsound instances.

in Tort Law, Criminal Law and Intellectual Property Law) and in different times and places (e.g. in Roman Law, Rabbinic Law and the Common Law). The collection will be of interest to theorists and historians of legal reasoning, as well as scholars and practitioners of the law more generally, in both common and civil law traditions.

This volume explores the reasons for Hans Kelsen'slack of influence in the United States and proposes ways in which Kelsen'sapproach to law, philosophy, and political, democratic, and internationalrelations theory could be relevant to current debates within the U.S. academyin those areas.

It includes matters of legal history and appeals to both legal scholars and philosophers, especially those with an interest in theories of law and the philosophy of law.

This book examines the success of Frederick Schauer's efforts to reclaim force as a core element of a general concept of law by approaching the issue from different legal traditions and distinct perspectives.

How do social institutions exist? In his analysis he connects many traditional topics of the philosophy of law, social philosophy and the philosophy of social sciences in a new way. The book is written for legal theorists as well as for political and social philosophers, and theoretically oriented social scientists.

Besides providing evidence of the earliest development of Leibniz's thought and amazing anticipations of his mature views, they present a genuine intellectual interest, for the freshness and originality of Leibniz's reflections on a striking variety of logico-philosophical puzzles drawn from the law.

It provides detailed analyses of argument from authority, argument ad hominem, argument from ignorance, slippery slope argument and other general argument types. To evaluate an argument correctly one must be able to distinguish the sound instances of a certain argument type from its unsound instances.

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.

Liberal theories have long insisted that cultural diversity in democratic societies can be accommodated through classical liberal tools, in particular through individual rights, and they have often rejected the claims of cultural minorities for group rights as illiberal.

PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other.

Reason, Democracy, Society deals with basic points of legal theory and philosophy of law. Some of its claims are that we must sharply separate what the law is from, what the law ought to be, and that we can know what the law is without appealing to meta-legal considerations.

Problems of Normativity, Rules and Rule-Following"

On their face, such discussions may owe more or less explicitly to Kant, but, in their basic intellectual structure, they share a recognisably common commitment to certain ideas emerging from the liberal Enlightenment and embodied within a theory of criminal justice and punishment which is in this broader sense 'Kantian'.

In these chapters, I argue for the comparative superiority of the capacities model of responsibility and offer recommendations for changes in current legal conceptions and standards of liability.

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. 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.

A collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance.

This book deals with a central problem throughout the legal profession -a solution to the problem is sought and reached in some basic form.

Questions about the relationship between autonomy and authority are raised in nearly every area of moral philosophy. Indeed, as we shall see as this work progresses, the issues raised are central to moral psychology, religion, professional ethics, medical ethics, and the nature of moral systems generally.

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 Commission.

This book suggests answers, or at least presents conceptual tools for finding answers, to questions such as: What is an action, and what is an omission? What is the role of intention for the identification of actions? Written in a very accessible style, the book is of interest to lawyers, legal scientists and philosophers.

A collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance.

Fifty years after the famous essay "The Problem of Social Cost" (1960) by the Nobel laureate Ronald Coase, Law and Economics seems to have become the lingua franca of American jurisprudence, and although its influence on European jurisprudence is only moderate by comparison, it has also gained popularity in Europe.