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