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Law, Truth, and Reason

Law, Truth, and Reason

Raimo Siltala

207,62 €
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Editorial:
Springer Nature B.V.
Año de edición:
2013
Materia
Filosofía
ISBN:
9789400737969
207,62 €
IVA incluido
Disponible

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Sobre IBD

This book is an innovative contribution to analytical jurisprudence.  It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wróblewski´s three ideologies (bound/free/legal and rational) and Makkonen´s three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth serving as a reference, the frames of legal analysis include the isomorphic theory of law (Wittgenstein, Makkonen), the coherence theory of law (Alexy, Peczenik, Dworkin), the new rhetoric and legal argumentation theory (Perelman, Aarnio), social consequentialism (Posner), natural law theory (Fuller, Finnis), and the sequential model of legal reasoning by Neil MacCormick and the Bielefelder Kreis.  At the end, some key issues of legal metaphysics are addressed, like the notion of legal systematics and the future potential of the analytical approach in jurisprudence.

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Otros libros del autor

  • Law, Truth, and Reason
    Raimo Siltala
    1. Introduction.- 2. An Isomorphic Theory of Law: A Relation of Structural Similarity between the Two Fact-Constellations Compared.- 3. Coherence Theory of Law: Shared Congruence among Arguments Drawn from the Institutional and Societal Sources of Law.- 4. 'Between the Evident and the Irrational': The New Rhetoric and Legal Argumentation Theory.- 5. Philosophical Pragmatism: La...
  • A Theory of Precedent From Analytical Positivism to a Post-Analytical Philosophy of Law
    Raimo Siltala
    Analytical jurisprudence has been mostly silent on the role of precedent in legal adjudication. What is the content of a judge’s precedent ideology,or the rule of precedent-recognition, by means of which the ratio of a case is to be distinguished from mere dicta? In this study, the author identifies six types of judicial precedent-ideology, among them judicial legislation, syst...