Bøger i Law and Philosophy Library serien

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 analysis of justice between generations proposed in this book is based first of all on a critical reading of Rawls' theory of justice, but it also pays attention to the existential and cultural context of our intuitions about intergenerational equity.

Philosophical aspects of law and jurisprudence are investigated from various points of view. The concept of norm as a directive of conduct is the central category analyzed in particular essays. The author also touches on general methodological problems of legal theory and philosophy, particularly their relations to social sciences.

This book is an adaptation of my PhD thesis Representing L3gVI Rules in Deontic Logic [Royakkers, 1996]. The main alterations are: . The addition of chapter 2 concerning the semantics of deontic logic based on valua­ tions. In this chapter I extend the Beth tableau method, which is originally developed for the propositional calculus, to also be applicable for deontic logic. For those who are not familiar with deontic logic or with the axiomatic deduction, this method is a useful tool to check whether a formula is valid or not. . The addition of the notion of commitment in chapter 5, and the notion of weak and strong permission in chapter 7. . The omission of the chapter concerning defeasible deontic logic, of which a revised version is published in [Nute, 1997]. . Chapter 6 has been revised rather thoroughly. Here I introduce the logic of enact­ ment based on epistemic logic and local reasoning to express normative inconsis­ tencies in a consistent way. I wish to thank John-Jules Meyer, Giovanni Sartor and Marek Sergot for their suggestions and criticisms of my PhD thesis, which have improved this book. Heleen Neggers and Jan Draisma deserve credit for the layout. Special thanks go to Frank Dignum for his continuous support and inspiring sugges­ tions. v Contents 1 Introduction 1 1.1 Logic and law. . . . . . . . . . . . . . . . . . . . . . .. . . . 1 . . . 1.2 Conflicting speed limits . . . . . . . . . . . . . . . . . . .. . . . 3 . .

Most importantly, I have replaced the formal argument-based system of the old Chapters 6, 7 and 8 with a revised and extended system, whieh I have developed during the last three years in collaboration with Giovanni Sartor.

Kantianism, Postmodernism and Critical Legal Thought presents a challenging alternative theory of legal philosophy.

An Approach to Rights contains fifteen previously published but mostly inaccessible papers that together show the development of one of the more important contemporary theories of the nature, grounds and practical implications of rights.

This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons.

Although its concern is jurisprudence, The Tapestry of the Law is intended to offer neither an original theory of or about law nor an account of other people's theories in textbook form. Equally, those engaged in exposition of the law may counter that legal theory fails to pay adequate attention to actual law.

The game-theoretic analysis of rights forms a rapidly growing field of study to which this book makes an important contribution. In fact, they not only do so at the level of `ordinary' decision making, but also at the level of constitutional decision making.

The book applies multiple perspectives, reflecting Austin's various interests - stretching from moral theory to theory of law and state, from Roman Law to Constitutional Law - and it offers a comparative outlook on Austin and his legacy in the light of the contemporary debate and major movements within legal theory.

The central question in legal philosophy is the relationship between law and morality. In Law, Order and Freedom, a historical overview is given pertaining to the question of the extent to which the modern Enlightenment values can serve as the universal foundation of law and society.

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.

Given the great potential for doing grave injustice, the power of the state embodied in the criminal justice system ought not be exercised in the absence of a complete and compelling moral justification.

Law is traditionally conceived as consisting of norms of conduct and power-conferring norms. He sets out a theory of legal norms conceived as institutional legal facts resulting from performances of speech acts specified in power-conferring norms. Finally, the transition is made from institutional legal facts to legal institutions.

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.

Critical Studies in Private Law discusses the prerequisites and possibilities for an alternative or critical legal dogmatics. The key for understanding how the contradictory concrete legal material may produce varying results on the level of legal decisions is the systematization, the general principles of the law.

This is the English version of Jerzy Wroblewski's major work in Polish, S~dowe Stosowania Prawa (translated in his own preferred terms as 'The Judicial Application of Law').

Legal statements are the most basic elements of the law. This 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 threefold perspective.

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.

Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts.

This collection of essays is the outcome of a workshop with Scott Shapiro on The Planning Theory of Law that took place in December 2009 at Bocconi University.

This book offers its readers an overview of recent developments in the theory of legal argumentation written by representatives from various disciplines, including argumentation theory, philosophy of law, logic and artificial intelligence.

The book applies multiple perspectives, reflecting Austin's various interests - stretching from moral theory to theory of law and state, from Roman Law to Constitutional Law - and it offers a comparative outlook on Austin and his legacy in the light of the contemporary debate and major movements within legal theory.

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.