Bøger i Law and Philosophy Library serien

Including unpublished material and personal correspondence from the Uppsala archives, A Real Mind follows the evolution of Hagerstroem's intellectual ideas, summarizing his main arguments at the same time as providing inspiration for future critical assessment.

In the second part, reasonableness is examined in the different fields of law like Public, Private and International Law. Here in more detail the practical consequences of reasonableness are worked out, making this work of interest to practitioners as well as legal theorists.

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.

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.

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 emphasis is on analysis, not on logical technicalities.Studies in Legal Logic contains chapters about the nature of norms, the role of coherence in the law, the nature of defeasibility, the role of dialectics in law and artificial intelligence, the statics and dynamics of the law, and the consistency of rules.

For the author freedom is not a fixed measure. It is not the container of powers and rights defining an individual's role and identity. It is rather the outcome of a process whereby individuals continuously re-define the shape of their individuality.

Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon.

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

Previous answers to this question fall into two groups: interest/benefit theories of rights and choice/will theories. This book proposes an alternative to these traditional views: the justified-constraint theory of rights, which avoids the pitfalls of earlier theories, and solves the puzzle of the relational nature of rights.

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.

This book describes the rule of law as the reign of persuasion rather than the reign of force, and democracy as the reign by persuasion rather than the reign by force. The book is the first systematic elaboration on law as a symbolic form and it sheds new light on a still dark area of intellectual and jurisprudential thought.

Ought fetuses to be given legal rights requiring pregnant women to submit to medical treatment without their consent? Thus, these essays test the usefulness of the theory of rights explained and defended in An Approach to Rights and elsewhere.

Justifying Taxes offers readers some of the elements of a democratic tax law, considered within its political and philosophical context in order to determine the extent of legitimate tax obligations.

Race, Rights, and Justice explores questions of the nature of law and constitutional interpretation, international law and global justice, and the nature, function, and importance of rights each from a perspective that takes seriously the realities of race and racism.

This is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.

The first edition of this book introduced a coherence theory of law that influenced the development of non-monotonic logics for the analysis of legal reasoning. This edition contains a new Introduction that fully explores that development.

It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein­ berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.

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.

Moral Dilemmas in Real Life purports to supply ways of thinking of, perhaps even dealing with, the ins and outs of ethical argument.

Methods of Legal Reasoning describes and criticizes four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics.

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.

The aim of this book is to explore what it means to live a life under the law. The book explores these questions and in looking at the articulation of law and love touches upon debates in personal morality, aesthetics, epistemology, social and political organisation, institutional design and the form and substance of law.

Knowledge Discovery from Legal Databases is the first text to describe data mining techniques as they apply to law.

In this work, lawyer and economist Klaus Mathis appraises Richard A. Posner's normative justification of the efficiency paradigm from the perspective of the philosophy of law. He points out the possibilities as well as the limits of economic analysis of law.

Talk about law often includes reference to ideals of justice, equality or freedom. But what do we refer to when we speak about ideals in the context of law? This book explores the concept of ideals by combining an investigation of different theories of ideals with a discussion of the role of ideals in law. A comparison of the theories of Gustav Radbruch and Philip Selznick leads up to a pragmatist theory of legal ideals, which provides an interesting new position in the debate about values in law between legal positivists and natural law thinkers. Attention for law's central ideals enables us to understand law's autonomous character, while at the same time tracing its connection to societal values. Essential reading for anyone interested in the role of values or ideals in law.

This is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.

The Market of Virtue - Morality and Commitment in a Liberal Society is a contribution to the present controversy between liberalism and communitarianism. This controversy is not only confined to academic circles but is becoming of increasing interest to a wider public. It has become popular again today to criticize a liberal market society as being a society in which morality and virtues are increasingly being displaced by egoism and utility maximization. According to this view the competition between individuals and the dissolution of community ties erode the respect for the interests of others and undermine the commitment to the common good. The present book, however, develops quite a different picture of a liberal society. An analysis of its fundamental principles shows that anonymous market-relations and competition are by no means the only traits of a liberal society. Such a society also provides the framework for freedom of cooperation and association. It gives its citizens the right to cooperate with other people in pursuit of their own interests. Just as the rivalry between competitors is a basic element of a liberal society so is the cooperation between partners. Thus not only self-centred individualism is rewarded. The main part of the book explains how the freedom to cooperate and to establish social ties lays the empirical foundation for the emergence of civil virtues and moral integrity. It is the basic insight of this analysis that it can no longer be maintained that a liberal society is incapable of producing moral attitudes and social commitment. If a civil society can develop under a liberal order, then one can reckon with citizens who voluntarily contribute to public goods and who commit themselves of their own accord to the society, its constitution and institutions. However this book not only develops further arguments for the current debate between liberalism and communitarianism by explaining the emergence of morality and virtue in a market society. It also provides new aspects for the present theoretical and methodological controversies over the fundaments of the social sciences and contributes to the advancement of the modern individualistic approach in social theory. In this context it aims especially at an improvement of a sociological model of behaviour.

In this book a theory of reasoning with evidence in the context of criminal cases is developed. The main subject of this study is not the law of evidence but rather the rational process of proof, which involves constructing, testing and justifying scenarios about what happened using evidence and commonsense knowledge.