Law, Truth, and Reason : A Treatise on Legal Argumentation / by Raimo Siltala.
2011
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Author
Title
Law, Truth, and Reason : A Treatise on Legal Argumentation / by Raimo Siltala.
Added Corporate Author
Edition
1st ed. 2011.
Imprint
Dordrecht : Springer Netherlands : Imprint: Springer, 2011.
Description
XV, 290 p. online resource.
Series
Law and philosophy library. 2215-0315 ; 97.
Formatted Contents Note
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: Law, Judged in Light of Its Social Effects
6. Analytical Legal Positivism: Retracing the Original Intentions of the Legislator under Legal Exegesis
7. Legal Realism: The Law in Action, Not the Law in Books, as the Subject Matter of Legal Analysis
8. Legal Conventionalism: Law as an Expression of Collective Intentionality
9. "Die Rechtssätze in ihrem systematischen Zusammenhang zu erkennen" - The Thrust of Legal Formalism
10. Natural Law Philosophy: Law as a Subordinate to Social Justice and Political Morality in Society
11. Radical Decisionism: Social Justice on a Strictly Contextualist Basis
12. Intermission
13. Law and Metaphysics.
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: Law, Judged in Light of Its Social Effects
6. Analytical Legal Positivism: Retracing the Original Intentions of the Legislator under Legal Exegesis
7. Legal Realism: The Law in Action, Not the Law in Books, as the Subject Matter of Legal Analysis
8. Legal Conventionalism: Law as an Expression of Collective Intentionality
9. "Die Rechtssätze in ihrem systematischen Zusammenhang zu erkennen" - The Thrust of Legal Formalism
10. Natural Law Philosophy: Law as a Subordinate to Social Justice and Political Morality in Society
11. Radical Decisionism: Social Justice on a Strictly Contextualist Basis
12. Intermission
13. Law and Metaphysics.
Summary
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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Alternate Title
SpringerLink electronic monographs.
Language
English
ISBN
9789400718722
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