Bøger i Law and Philosophy Library serien

praxeological J-concepts, those that help us to explore the relations between law and action, and methodological J-concepts, those that help us to describe the methods of the professional-juridical handling of the law.

In this book the author investigates what is common to the German idea of the Rechtsstaat and the Anglo-American idea of the Rule of Law. In the book basic concepts such as legality, legal equality, legal certainty, legal accessibility and legal security are investigated.

Based on Olivecrona's critique of the view that law has binding force, the analysis of the concept and function of a legal rule, and the idea that law is a matter of organized force, the book argues that Olivecrona's legal philosophy is a unique contribution to twentieth century legal philosophy.

THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law.

This edited volume explores ideas of legal realism which emerge through the works of Russian legal philosophers.

In the final sections, the book examines the question of whether the political murders on the politician Pim Fortuyn and the film director Theo van Gogh, the reactions to Ayaan Hirsi Ali's film Submission, as well as the success of the populist politician Geert Wilders are signs of the end of Dutch tolerance.

praxeological J-concepts, those that help us to explore the relations between law and action, and methodological J-concepts, those that help us to describe the methods of the professional-juridical handling of the law.

In this book, experts from the fields of law and philosophy explore the works of Aristotle to illuminate the much-debated and fascinating relationship between emotions and justice.

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.

Scholars have produced a wide variety of theoretical work on contract law. Each chapter presents a pair of largely contrasting theories to clarify the central issue of contract law and theory, to set forth the range of views, and to help identify a practical middle ground.

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').

In modern days, however, this 'legal logic' is sometimes also connected with modern formal logic, as it has been developed in the works of G. Already in an early stage it appeared that, although traditional legal logic and modern symbolic logic both concern logic, this may not create the misapprehension that a similar matter is at issue.

We cannot see the world as it is because we face it in a 'contaminated' vein. That is, our conceptual scheme and biological constitution condition our world view. The legal normative world we are dealing with has some special features, like the primacy of practical reason over theoretical reason and the primacy of the internal point of view over the external point of view. Although it is not a feature of all legal traditions, 'legal dogmatics' is a privileged way of knowing legal normative object, that is, our legal orders. But we are not undertaking - as legal scholars - an empiricist enterprise because, among other reasons, we are not interested in the reality 'in itself' but in the 'relevant' reality, at least for us. In this respect, we do not only depend on theories (like physicists) but also on legal authoritative sources, that is, power and legitimacy. Legal scholars (and other participants in the legal life) are not neutral observers of their own world, trying to discover somehidden truth. They are committed experts trying to describe, justify and improve the legal order.

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.

Ake Frandberg gives an overview of the many different uses of concepts in law and shows amongst others that concepts in the law should not be confused with the role of concepts in descriptions of the law.

Finally, in chapter 8 (the former chapter 7) is added a recapitulation of my view on legal justification, and a discussion on the future use in legal practice of dialog models that represent argumentation in a natural way.

It is not unusual that formal and informal discussions about the political system, its virtues, and its many defects, conclude in a discussion about impartiality. We show our concerns with impartiality when, facing a particular problem, we try to figure out the best solution for all of us, given our conflicting interests.

Martin van Hees presents a new approach to the study of law - legal reductionism - which combines elements of legal positivism, new institutionalism and decision theory.

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.

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.

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.

[Law] was imbricated within the mode of production and productive relations themselves . In the Left's embracing of the new constitutionalisms its old critique of law - the critique of the law's concealment of class inequality, class conflict and class action - is left behind.

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.

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.

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.

[Law] was imbricated within the mode of production and productive relations themselves . In the Left's embracing of the new constitutionalisms its old critique of law - the critique of the law's concealment of class inequality, class conflict and class action - is left behind.

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.

Liberal defences of nationalism have largely neglected the fact that nationalism is primarily about land. This book examines the generic types of territorial claims customarily put forward by national groups as justification for their territorial demands.

In the final sections, the book examines the question of whether the political murders on the politician Pim Fortuyn and the film director Theo van Gogh, the reactions to Ayaan Hirsi Ali's film Submission, as well as the success of the populist politician Geert Wilders are signs of the end of Dutch tolerance.