Bøger i Law and Philosophy Library serien

Who presupposes Kelsen's basic norm? Is it possible to defend the presupposition in a way that is convincing? And what difference does the presupposition make? Endeavouring to highlight the role of basic assumptions in the law, the author argues that the verb "to presuppose', with Kelsen, has not only a conceptual but also a normative dimension; and that the expression 'presupposing the basic norm'is adequate in so far as it marks the descriptive-normative nature of utterances made in specifically legal speech-situations.Addressed to legal theorists in general, the treatise purports to show that Kelsen's doctrine lends itself to an interpretation according to which the very act of "presupposing" the Grundnorm can be understood as a Grund, i.e. normative source of all positive law; and, what is more, that this interpretation admits of addressing the issue of the (formal) legitimacy of supra-national and directly applicable rules and other norms.

In this thought-provoking book, yoüll find timeless questions explored through a fresh lens. First delving into the profound significance of Socrates¿ dialogical method and the inescapable nature of conflict, it ponders the rational capacities of humanity in terms of establishing harmonious communities. But this isn¿t merely a philosophical debate; it¿s a pragmatic exploration of real-world challenges.No longer limiting itself to abstract theories, the book then seeks to navigate the practical terrain of science and politics. Drawing inspiration from Aristotle, renowned for his investigations into the intricate connections between theory, technology, ethics, and politics, it tackles the essential question: How can we reconcile divergent views?At the book¿s core lies Aristotle¿s revolutionary concept of dialogue, which portrays truth as a delicate equilibrium between opposing forces, transcending the rigid boundaries of true and false. Join this captivating journey as the author reveals the hidden paths to meaningful coexistence in a world filled with conflicting perspectives.

Law is traditionally conceived as consisting of norms of conduct and power-conferring norms. He sets out a theory of legal norms conceived as institutional legal facts resulting from performances of speech acts specified in power-conferring norms. Finally, the transition is made from institutional legal facts to legal institutions.

[Law] was imbricated within the mode of production and productive relations themselves . In the Left's embracing of the new constitutionalisms its old critique of law - the critique of the law's concealment of class inequality, class conflict and class action - is left behind.

The game-theoretic analysis of rights forms a rapidly growing field of study to which this book makes an important contribution. In fact, they not only do so at the level of `ordinary' decision making, but also at the level of constitutional decision making.

Liberal defences of nationalism have largely neglected the fact that nationalism is primarily about land. This book examines the generic types of territorial claims customarily put forward by national groups as justification for their territorial demands.

In the final sections, the book examines the question of whether the political murders on the politician Pim Fortuyn and the film director Theo van Gogh, the reactions to Ayaan Hirsi Ali's film Submission, as well as the success of the populist politician Geert Wilders are signs of the end of Dutch tolerance.

It includes matters of legal history and appeals to both legal scholars and philosophers, especially those with an interest in theories of law and the philosophy of law.

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.

As I explain in the introduction, this is the third in aseries of collections of my previously published essays in legal theory. All of the essays here but three have been revised for this volume. I now wish to record my gratitude and indebtedness to various persons. I am most indebted and grateful to my wife, Dorothy Kopp Summers, to whom I dedicate this book. I also wish to re cord my gratitude for his interest and patience to Hendrik-Jan van Leusen of Kluwer Academic Publishers. He strongly encouraged me to put this collection together, and without his efforts, it certainly would not have appeared in this timely fashion. I also wish to thank his successor, Sabine Wesseldijk, for assistance. In the course of my academic career, I have benefitted greatly from the many Comell Law School students serving as my research assistants. I have also been privileged to have the fine aid of many Comell Law School secretaries and administrative assistants. Foremost here is Mrs. Pamela Finnigan who has so ably seen this collection put together from start to finish.

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.

This book - which is the result of several years of research, discussion, writing and re-writing - consists of three parts and eight chapters. The rst part is given by the two rst chapters introducing the issue of validity and facticity in law.

How do social institutions exist? In his analysis he connects many traditional topics of the philosophy of law, social philosophy and the philosophy of social sciences in a new way. The book is written for legal theorists as well as for political and social philosophers, and theoretically oriented social scientists.

This work thematises such yardsticks, in that it demonstrates the existence, content and factual significance of a relatively well-delimited set of proposition types and proposition patterns, with their accompanying tenability criteria and motivating interests.

Features the essays that treat important aspects of most of the major themes in contemporary philosophy of law and legal theory.

Deals with the notions of legal norms and legal systems and provides an analysis of the notion of legal indeterminacy and its relation to gaps, contradictions and the vagueness of legal concepts.

in Tort Law, Criminal Law and Intellectual Property Law) and in different times and places (e.g. in Roman Law, Rabbinic Law and the Common Law). The collection will be of interest to theorists and historians of legal reasoning, as well as scholars and practitioners of the law more generally, in both common and civil law traditions.

Comparative Legal Reasoning and European Law deals with the use of comparative law in European legal adjudication.

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? This time-honoured question acquired a new significance when the post-commumst countries of Central and Eastern Europe, without exception, adopted constitutional models in which constitutional courts play a very significant role, at least in theory. Can we learn something about the relationship between democracy and constitutionalism in general, from the meteoric rise of constitutional tribunals in the post-communist countries? Can the discussions and controversies relating to constitutional review which have been going on for decades in more established democracies illuminate the sources of the strength of constitutional courts in Central and Eastern Europe? These questions lie at the center of this book, which focuses on the question of constitutional review in postcommunist states, from a theoretical and comparative perspective. The chapters contained in the book outline the conceptual framework for analyzing the sources, the role and the legitimacy of constitutional justice in a system of political democracy. From this perspective, it assesses the experience of constitutional justice in the West (where the model originated) and in Central and Eastern Europe, where the model has been implanted after the fail of Communism.

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.

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.

Besides providing evidence of the earliest development of Leibniz's thought and amazing anticipations of his mature views, they present a genuine intellectual interest, for the freshness and originality of Leibniz's reflections on a striking variety of logico-philosophical puzzles drawn from the law.

praxeological J-concepts, those that help us to explore the relations between law and action, and methodological J-concepts, those that help us to describe the methods of the professional-juridical handling of the law.

In this book the author investigates what is common to the German idea of the Rechtsstaat and the Anglo-American idea of the Rule of Law. In the book basic concepts such as legality, legal equality, legal certainty, legal accessibility and legal security are investigated.

Based on Olivecrona's critique of the view that law has binding force, the analysis of the concept and function of a legal rule, and the idea that law is a matter of organized force, the book argues that Olivecrona's legal philosophy is a unique contribution to twentieth century legal philosophy.

THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law.

This edited volume explores ideas of legal realism which emerge through the works of Russian legal philosophers.

In the final sections, the book examines the question of whether the political murders on the politician Pim Fortuyn and the film director Theo van Gogh, the reactions to Ayaan Hirsi Ali's film Submission, as well as the success of the populist politician Geert Wilders are signs of the end of Dutch tolerance.

praxeological J-concepts, those that help us to explore the relations between law and action, and methodological J-concepts, those that help us to describe the methods of the professional-juridical handling of the law.

In this book, experts from the fields of law and philosophy explore the works of Aristotle to illuminate the much-debated and fascinating relationship between emotions and justice.