Vienna Lectures on Legal Philosophy, Volume 3 PDF Download
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Author: Christoph Bezemek
Publisher: Hart Publishing
ISBN: 1509969829
Category : Law
Languages : en
Pages : 0
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Book Description
The third volume of the Vienna Lectures on Legal Philosophy series focuses on one of the most fiercely contested issues in contemporary legal philosophy: the question of the importance of legal reasoning and how to properly engage with it. This book considers issues with legal reasoning from two different angles: On the one hand, it revolves around the concerns at the heart of internal debates, such as interpretation and balancing; both of which are broadly understood to include questions that cover the wide spectrum of legal methodology. On the other hand, this volume asks not only what we do when we engage in legal reasoning, but also whom we entrust with decision-making based on legal reasoning, why we should do so and how this relates to the very concept of law. The book approaches these underlying problems from a variety of perspectives and against the backdrop of different academic traditions, showcasing the rich landscape of critical debates around contemporary legal reasoning.
Author: Christoph Bezemek
Publisher: Hart Publishing
ISBN: 1509969829
Category : Law
Languages : en
Pages : 0
Get Book Here
Book Description
The third volume of the Vienna Lectures on Legal Philosophy series focuses on one of the most fiercely contested issues in contemporary legal philosophy: the question of the importance of legal reasoning and how to properly engage with it. This book considers issues with legal reasoning from two different angles: On the one hand, it revolves around the concerns at the heart of internal debates, such as interpretation and balancing; both of which are broadly understood to include questions that cover the wide spectrum of legal methodology. On the other hand, this volume asks not only what we do when we engage in legal reasoning, but also whom we entrust with decision-making based on legal reasoning, why we should do so and how this relates to the very concept of law. The book approaches these underlying problems from a variety of perspectives and against the backdrop of different academic traditions, showcasing the rich landscape of critical debates around contemporary legal reasoning.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Christoph Bezemek
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 0
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Book Description
"The first volume of the Vienna Lectures on Legal Philosophy illustrates the remarkable scope of contemporary legal philosophy. It introduces methodological questions rooted in national academic discourses, discusses the origin of legal systems, and contrasts constitutionalist and monist approaches to the rule of law with the institutionalist approach most prominently and vigorously defended by Carl Schmitt. The issue at the core of these topics is which of these perspectives is more plausible in an age defined both by a 'postnational constellation' and the re-emergence of nationalist tendencies; an age in which the law increasingly cancels out borders only to see new frontiers erected."--Bloomsbury Publishing.
Author: Christoph Bezemek
Publisher: Bloomsbury Publishing
ISBN: 1509969845
Category : Philosophy
Languages : en
Pages : 185
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Book Description
The third volume of the Vienna Lectures on Legal Philosophy series focuses on one of the most fiercely contested issues in contemporary legal philosophy: the question of the importance of legal reasoning and how to properly engage with it. This book considers legal reasoning from two different angles: it revolves, on the one hand, around debates concerning interpretation and balancing, but it also asks, on the other, whom we ought to entrust with decision-making based on legal reasoning and how this relates to the very concept of law. The book approaches these underlying problems from a variety of perspectives and against the backdrop of different academic traditions, showcasing the rich landscape of critical debates around contemporary legal reasoning.
Author: Christoph Bezemek
Publisher: Bloomsbury Publishing
ISBN: 1509921737
Category : Law
Languages : en
Pages : 147
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Book Description
The first volume of the Vienna Lectures on Legal Philosophy illustrates the remarkable scope of contemporary legal philosophy. It introduces methodological questions rooted in national academic discourses, discusses the origin of legal systems, and contrasts constitutionalist and monist approaches to the rule of law with the institutionalist approach most prominently and vigorously defended by Carl Schmitt. The issue at the core of these topics is which of these perspectives is more plausible in an age defined both by a 'postnational constellation' and the re-emergence of nationalist tendencies; an age in which the law increasingly cancels out borders only to see new frontiers erected.
Author: Christoph Bezemek
Publisher: Bloomsbury Publishing
ISBN: 1509935916
Category : Law
Languages : en
Pages : 419
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Book Description
This second volume of the Vienna Lectures on Legal Philosophy series presents 11 chapters which are dedicated to normativist and anti-normativist approaches to law. The book focuses on the question: What is law? Is it a set of obligations imposed on courts and officials to guide their conduct and to assess the conduct of others? Or is it the result of settlements reached by opposing sides that accept arrangements and understandings to sustain peaceful cooperation? If law is the former its significance and meaning are independent of a shifting constellation of forces; if it is not, then what the law says depends on the relative power and prestige of the actors involved. With contributions from some of the leading scholars in the field, the collection presents a balanced and nuanced assessment of what is perhaps the most controversial debate in contemporary legal philosophy today.
Author: Mark McBride
Publisher: Bloomsbury Publishing
ISBN: 1509937668
Category : Law
Languages : en
Pages : 361
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Book Description
This is the first book to bring together distinguished jurisprudential theorists, as well as up-and-coming scholars, to critically assess the nature of legal reasoning. The volume is divided into 3 parts: The first part, General Jurisprudence and Legal Reasoning, addresses issues at the intersection of general jurisprudence - those pertaining to the nature of law itself - and legal reasoning. The second part, Rules and Reasons, addresses two concepts central to two prominent types of theory of legal reasoning. The essays in the third and final part, Doctrine and Practice, delve into the mechanics of legal practice and doctrine, from a legal reasoning perspective.
Author:
Publisher: Oxford University Press
ISBN: 0192674714
Category : Law
Languages : en
Pages : 433
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Book Description
Private international law has long been understood as a doctrinal and technical body of law, without interesting theoretical foundations or implications. By systematically exploring the rich array of philosophical topics that are part of the fabric of private international law, Philosophical Foundations of Private International Law fills a significant and long-standing void in the legal and philosophical literature. The contributions to this volume are testimony to the significant potential for interaction between philosophy and private international law. Some aim to expand and rethink classical jurisprudential theories by focusing on law beyond the state and on the recognition of foreign law and judgments in domestic courts. Others bring legal and moral theories to bear on traditional debates in private international law, such as legal pluralism, transnational justice, the interpretation of foreign legal policies, and the boundaries of the legal system. Several engage with the history of both private international law and legal and political philosophy. They point to missed opportunities when philosophers ignored law's transnational dimensions, or when private international law scholars failed to position their theories within broader philosophical schools of thought. Some seek to complete past attempts to articulate the philosophical dimensions of private international law that were never carried through. Thought-provoking and topical, this volume displays the varied themes cutting through the disciplines of private international law and philosophy.
Author: Avihay Dorfman
Publisher: Cambridge University Press
ISBN: 100932716X
Category : Law
Languages : en
Pages : 209
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Book Description
Develops a political theory of the public and of political authority and elaborates the theory's legal and institutional implications.
Author: Jerzy Stelmach
Publisher: Springer Science & Business Media
ISBN: 1402049390
Category : Law
Languages : en
Pages : 237
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Book Description
Methods of Legal Reasoning describes and criticizes four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. The book takes the unusual approach of discussing in a single study four different, sometimes competing concepts of legal method. Sketched this way, the panorama allows the reader to reflect deeply on questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method.
