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On Law and Reason

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ISBN-10: 1402087292

ISBN-13: 9781402087295

Edition: 2nd 2009

Authors: Aleksander Peczenik, Jaap C. Hage

List price: $219.99
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Description:

This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic.In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical…    
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Book details

List price: $219.99
Edition: 2nd
Copyright year: 2009
Publisher: Springer Netherlands
Publication date: 9/16/2008
Binding: Hardcover
Pages: 364
Size: 6.10" wide x 9.25" long x 0.35" tall
Weight: 3.454
Language: English

Introduction
The Dilemma of Legal Reasoning: Moral Evaluation or Description of the Law?
A Theory of Legal Reasoning
Legal Decision-Making and Evaluations
The Concept "Legal Decision-Making"
Why do the Lawyers Need Special Interpretation Methods?
Legal Knowledge?
Rationality of Moral Judgments
Cognitivism and Non-Cognitivism
Practical and Theoretical Meaning of Practical Statements
More About Theoretical Meaning of Practical Statements Prima-facie Moral Statements
Weighing and Balancing
Some Examples of the Role of Weighing in Moral Theories
Examples of Weighing in Theories of Justice
Support in Moral Reasoning
Rationality of Legal Reasoning
Support of Legal Reasoning. Introduction and an Example
Analysis of Support in Legal Reasoning
Legal Rationality and Legal Paradigm
The Ultimate Justification of Moral and Legal Reasoning
Coherence
Coherence, Correctness and Truth
Rational Discourse
Why Shall Legal Reasoning be Rational?
What is Valid Law?
What is a Valid Law? - Introductory Remarks
Law and Morality - On Natural Law
Law and Morality - Legal Positivism
More about Law and Morality
The Question of Existence of the Law. Legal Realism
Norms as a Component of Valid Law
More About External Validity of Legal System. Action as a Component of Valid Law
Fact and Values in the Law
One Right Answer to all Legal Questions?
The Doctrine of the Sources of the Law
Substantive Reasons and Authority Reasons. The Sources of the Law
Must-Sources, Should-Sources and May-Sources of the Law
Norms Concerning the Sources of the Law
Custom
Precedent
Legislative Preparatory Materials
Professional Juristic Literature
Foreign Laws
Draft Statutes and Formerly Valid Law
The Methods of Legal Reasoning
Reasoning Norms
Logical, Literal and Systematic Interpretation
Reduction, Restrictive Interpretation, Extensive Interpretation and Creation of New Norms
Conclusion by Analogy
Teleological Construction of Statutes
Solution of Collisions Between Legal Norms
Bibliography
Index