Essays on the Doctrinal Study of Law / by Aulis Aarnio.
2011
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Author
Title
Essays on the Doctrinal Study of Law / by Aulis Aarnio.
Added Corporate Author
Edition
1st ed. 2011.
Imprint
Dordrecht : Springer Netherlands : Imprint: Springer, 2011.
Description
XIV, 222 p. online resource.
Series
Law and philosophy library. 1572-4395 ; 96.
Formatted Contents Note
Foreword
Part I: Introduction
Chapter 1. The Roman Heritage
Chapter 2. Bonus Theoreticus, Malus Practicus?.-Chapter 3.What is the Doctrinal Study of Law?
Part II: The Foundations of Legal Thinking
Chapter 4. Lawyer ́s Dilemma
Chapter 5. On Language-Games
Chapter 6. The Foundations of Knowledge
Chapter 7. On the Ontology of Law
Chapter 8. A Moral Point of View
Chapter 9. The Three Notions of Liberty
Part III: Between Realism and Idealism
Chapter 10. What is Science?
Chapter 11. Legal Realism Reinterpreted
Chapter 12.Outlines of the New Rhetoric
Chapter 13. Scientific Inference - An Example
Part IV: On the Doctrinal Study of Law
Chapter 14. From the Constitutional State to the Welfare State
Chapter 15.Two Types of Norms
Chapter 16 . The Formal Validity, Efficacy and Acceptability of Norms
Chapter 17. The Procedure of Legal Reasoning
Chapter18. The Sources of Law
Chapter 19. One Right Answer?
Chapter 20. On the Systematisation
Chapter 21. Change or Development?
Bibliography
Index.
Part I: Introduction
Chapter 1. The Roman Heritage
Chapter 2. Bonus Theoreticus, Malus Practicus?.-Chapter 3.What is the Doctrinal Study of Law?
Part II: The Foundations of Legal Thinking
Chapter 4. Lawyer ́s Dilemma
Chapter 5. On Language-Games
Chapter 6. The Foundations of Knowledge
Chapter 7. On the Ontology of Law
Chapter 8. A Moral Point of View
Chapter 9. The Three Notions of Liberty
Part III: Between Realism and Idealism
Chapter 10. What is Science?
Chapter 11. Legal Realism Reinterpreted
Chapter 12.Outlines of the New Rhetoric
Chapter 13. Scientific Inference - An Example
Part IV: On the Doctrinal Study of Law
Chapter 14. From the Constitutional State to the Welfare State
Chapter 15.Two Types of Norms
Chapter 16 . The Formal Validity, Efficacy and Acceptability of Norms
Chapter 17. The Procedure of Legal Reasoning
Chapter18. The Sources of Law
Chapter 19. One Right Answer?
Chapter 20. On the Systematisation
Chapter 21. Change or Development?
Bibliography
Index.
Summary
This book is a summary of the author's 40 years of research in the fields of civil law and the philosophy of law. The main focus is on the two main tasks in the doctrinal study of law: the interpretation and systematisation of legal norms. In this regard, Professor Aarnio deals with the theory of argumentation as well as with its foundations - i.e., with the ontology, epistemology and methodology of legal thinking - and develops the ideas that were first presented in The Rational as Reasonable (Kluwer 1987) in all of these dimensions. The work includes an updated discussion on the writings of Robert Alexy, Jûrgen Habermas, Ronald Dworkin and Alf Ross. A focal point of view concerns the distinction between positivism and non-positivism, in which the core of the criticism focuses on Scandinavian realism.
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Language
English
ISBN
9789400716551
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