Bøger i Law and Philosophy Library serien

How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments?

Talk about law often includes reference to ideals of justice, equality or freedom. 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.

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.

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.

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.

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.

This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law.

This book is a thorough treatise concerned with coherence and its significance in legal reasoning. By presenting such a broad scope of views and methods on approaching the issue of coherence we hope to promote the general interest in the topic as well as the academic research that centers around coherence and law.

Planned as a celebration of MacCormick's work, this is an homage and salute in which contributors undertake a critical reconstruction, revealing the connections of his writings, and furthering his insights in post-sovereign legal and democratic theory.

A collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance.

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.

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.

On their face, such discussions may owe more or less explicitly to Kant, but, in their basic intellectual structure, they share a recognisably common commitment to certain ideas emerging from the liberal Enlightenment and embodied within a theory of criminal justice and punishment which is in this broader sense 'Kantian'.

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.

In these chapters, I argue for the comparative superiority of the capacities model of responsibility and offer recommendations for changes in current legal conceptions and standards of liability.

Problems of Normativity, Rules and Rule-Following"

The book investigates the role of law and legal experts in the organisational dynamics of a population, demonstrating that law is a stable practice among those who (in virtue of the special knowledge they master) are called upon to select the 'normative facts' of a population, i.e.

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.

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

A collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance.

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.

It provides detailed analyses of argument from authority, argument ad hominem, argument from ignorance, slippery slope argument and other general argument types. To evaluate an argument correctly one must be able to distinguish the sound instances of a certain argument type from its unsound instances.

This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law.

This volume critically discusses therelationship between democracy and constitutionalism. It does so with a view torespond to objections raised by legal and political philosophers who aresceptical of judicial review based on the assumption that judicial review is anundemocratic institution. The book builds on earlier literature on the moraljustification of the authority of constitutional courts, and on the currentattempts to develop a system on ¿weak judicial review¿. Although different intheir approach, the chapters all focus on devising institutions, proceduresand, in a more abstract way, normative conceptions to democratizeconstitutional law. These democratizing strategies may vary from a radicalobjection to the institution of judicial review, to a more modest proposal tojustify the authority of constitutional courts in their ¿deliberativeperformance¿ or to create constitutional juries that may be more aware of acommunity¿s constitutional morality than constitutional courts are. The book connects abstract theoreticaldiscussions about the moral justification of constitutionalism with concreteproblems, such as the relation between constitutional adjudication anddeliberative democracy, the legitimacy of judicial review in internationalinstitutions, the need to create new institutions to democratizeconstitutionalism, the connections between philosophical conceptions andconstitutional practices, the judicial review of constitutional amendments, andthe criticism on strong judicial review.

This work explains the nature of constitutional rights. It does so by means of an analysis of the nature of law in general, the nature of constitutions, and the nature of rights.

This book examines the success of Frederick Schauer's efforts to reclaim force as a core element of a general concept of law by approaching the issue from different legal traditions and distinct perspectives.