The Rational as Reasonable

A Treatise on Legal Justification
1987
ISBN: 978-94-010-8590-8
Verlag: Springer Netherlands

Buch, Englisch, Band 4, 276 Seiten, Paperback, Format (B × H): 155 mm x 235 mm, Gewicht: 458 g

Reihe: Law and Philosophy Library

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.

Zielgruppe

Research

Autoren/Hrsg.

Aarnio, Aulis

Inhaltsverzeichnis

I: Introduction.- 1. The Point of Departure.- 2. A Scientific Approach to the Contents of Legal Norms.- 3. The Concept of Legal Dogmatics — A More Precise Formulation.- 4. The Angle of Approach and the Basic Problems.- II: The Ontology of Law.- 1. General Remarks.- 2. The Ontology of Interpretation in Legal Dogmatics.- 3. The Validity of a Legal Norm.- III: The Methodology of Interpretation in Legal Dogmatics.- 1. Basic Concepts.- 2. A General Characterization of Interpretation and Interpretation Theory.- 3. The Sources of Law and the Directives of Legal Interpretation.- 4. Justification of the Interpretative Standpoint: Structural Analysis.- IV: The Acceptability of an Interpretative Statement.- 1. The Principle of the One Right Answer.- 2. Acceptability and Rationality.- Epilogue.- Notes.- Abbreviations.