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Law, Politics, and Morality
How different cultural groups can be made to live together in justice and fairness in one common political entity has in the past been discussed almost exclusively from the perspective of nation-states. In an increasingly globalising or de-nationalising world, this no longer seems adequate.The European Union, as a union of states and with an-built expansive tendency, is a very different, unique kind of organization, offering a challenging new context for the discussion of how social justice can be ensured in multicultural societies. As debates in the post-Maastricht era show, the European process of regional integration needs to be accompanied by profound reflexions on issues such as multicu...
Logic in the Theory and Practice of Lawmaking
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 thr...
Modern Legal Interpretation
Legalism or legal formalism usually depicts judges as resolving cases by allegedly merely applying pre-existing legal rules. They do not seem to legislate, exercise discretion, balance or pursue policies, and they definitely do not look outside of conventional legal texts for guidance in deciding new cases. For them, the law is an autonomous domain of knowledge and technique. What they follow are the maxims of clarity, determinacy, and coherence of law. This perception of law and adjudication is sometimes designated as “an orthodox lawyering”. However, at least in certain cases, it is very difficult to say that legalism is not an inappropriate theory or a method of legal interpretation. ...
Problems of Normativity, Rules and Rule-Following
This book focuses on the problems of rules, rule-following and normativity as discussed within the areas of analytic philosophy, linguistics, logic and legal theory. Divided into four parts, the volume covers topics in general analytic philosophy, analytic legal theory, legal interpretation and argumentation, logic as well as AI& Law area of research. It discusses, inter alia, “Kripkenstein’s” sceptical argument against rule-following and normativity of meaning, the role of neuroscience in explaining the phenomenon of normativity, conventionalism in philosophy of law, normativity of rules of interpretation, some formal approaches towards rules and normativity as well as the problem of defeasibility of rules. The aim of the book is to provide an interdisciplinary approach to an inquiry into the questions concerning rules, rule-following and normativity.
Defeasibility in Philosophy
Defeasibility, most generally speaking, means that given some set of conditions A, something else B will hold, unless or until defeating conditions C apply. While the term was introduced into philosophy by legal philosopher H.L.A. Hart in 1949, today, the concept of defeasibility is employed in many different areas of philosophy. This volume for the first time brings together contributions on defeasibility from epistemology (Mikael Janvid, Klemens Kappel, Hannes Ole Matthiessen, Marcus Willaschek, Michael Williams), legal philosophy (Frederick Schauer) and ethics and the philosophy of action (Claudia Blöser, R. Jay Wallace, Michael Quante and Katarzyna Paprzycka). The volume ends with an extensive bibliography (by Michael de Araujo Kurth).
The Logic of Legal Requirements
When a legal rule requires us to drive on the right, notarize our wills, or refrain from selling bootleg liquor, how are we to describe and understand that requirement? In particular, how does the logical form of such a requirement relate to the logical form of other requirements, such as moral requirements, or the requirements of logic itself? When a general legal rule is applied or distinguished in a particular case, how can we describe that process in logical form? Such questions have come to preoccupy modern legal philosophy as its methodology, drawing on the philosophy of logic, becomes ever more sophisticated. This collection gathers together some of the most prominent legal philosophe...
Facts and Evidence
This book presents an in-depth discussion on two concepts from the field of philosophy and law, in order to improve our understanding of the relation between “fact” and “evidence” in judicial process. Since fact-finding is a difficult task for judges, proof by evidence has been devised to help them access the truth. However, in the process of judicial fact-finding, there is always a gap between fact and truth. This book covers a wide range of topics, from reflections on the concept of “fact,” “evidence” and “fact-finding” in the field of philosophy and law to individual case studies. As such it is a useful reference resource on the continuing research on the judicial proof process for students and scholars.
The Planning Theory of Law
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. It brings together a group of scholars who wrote their contributions to the workshop on a preliminary draft of Shapiro’s Legality. Then, after the workshop, they wrote their final essays on the published version of the book. The contributions clearly highlight the difference of the continental and civil law perspective from the common law background of Shapiro but at the same time the volume tries to bridge the gap between the two. The essays provide a critical reading of the planning theory of law, highlighting its merits on the one hand and objecting to some parts of it on the other hand. Each contribution discusses in detail a chapter of Shapiro’s book and together they cover the whole of Shapiro’s theory. So the book presents a balanced and insightful discussion of the arguments of Legality.
The Function of Equity in International Law
Drawing on a large and varied body of judicial and arbitral case law, this book provides a comprehensive, original, and up-to-date account of the role of equity in international law.
The Quest for Rights
This discerning book explores the concept of human and fundamental rights, originating from the seminal work by the German legal scholar and constitutional lawyer Robert Alexy. Recognising the growing challenges to the idea of the universality of Human Rights, expert scholars consider time-independent conceptual questions which inevitably lie at the heart of any contemporary human rights discourse: What is the justification of balancing and/or trading off fundamental rights against other rights and collective goods? And are there utilitarian considerations that can limit the normative force of human rights?
