A Treatise of Legal Philosophy and General Jurisprudence : Volume 1:The Law and The Right, Volume 2: Foundations of Law, Volume 3: Legal Institutions and the Sources of Law, Volume 4: Scienta Juris, Legal Doctrine as Knowledge of Law and as a Source of Law, Volume 5: Legal Reasoning, A Cognitive Approach to the Law / by Enrico Pattaro.
2005
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Title
A Treatise of Legal Philosophy and General Jurisprudence : Volume 1:The Law and The Right, Volume 2: Foundations of Law, Volume 3: Legal Institutions and the Sources of Law, Volume 4: Scienta Juris, Legal Doctrine as Knowledge of Law and as a Source of Law, Volume 5: Legal Reasoning, A Cognitive Approach to the Law / by Enrico Pattaro.
Added Corporate Author
Edition
1st ed. 2005.
Imprint
Dordrecht : Springer Netherlands : Imprint: Springer, 2005.
Description
XCVIII, 1958 p. online resource
Formatted Contents Note
The Reality That Ought to Be: Problems and Critical Issues
A First Glance
Dualism and Interaction Between the Reality that Ought to Be and the Reality that is: Validity as a Pineal Gland
Taking a Dive Into the Sources of Law
The Problem of the Matrix
The Reality That Ought to Be: A Monistic Perspective. Norms as Beliefs and as Motives of Behaviour
The Motives of Human Behaviour
Norms As Beliefs
How Norms Proliferate in Human Brains
Family Portraits. Law as Interference in the Motives of Behaviour
No Law Without Norms
But Norms are Not Enough. the Interaction Between Language and Motives of Behaviour
The Law in Force: an Ambiguous Intertwining of Normativeness and Organised Power
In Search of Confirming Others
The Reality that Ought to Be as Fate
What is Right in Homeric Epic
What is Right, What Is Just, Ratio As Type: Sanctus Thoma Docet
The Law and What is Right. Hans Kelsen Under Suspicion
Nature and Culture
What Does "Foundations" Mean?
What Does "Foundations" Mean?
The Explanandum: What is Law?
The Explanandum: What is Law?
Extra-Legal Foundations of Law-Variations on Legally External Foundations
Extra-Legal Foundations of Law-Variations on Legally External Foundations
Internal Foundations of Law
Internal Foundations of Law
Anti-Foundationalism
Anti-Foundationalism
General Tendencies
General Tendencies
Problems of Explanation
Problems of Explanation
Summary
Summary
Legislation
Legislation
Precedent
Precedent
Custom
Custom
Delegation
Delegation
Constitutions
Constitutions
Sources of Law in the Civil Law
Sources of Law in the Civil Law
International Law
International Law
Authority
Authority
Legal Doctrine and Legal Theory
Legal Doctrine and Legal Theory
Particular Legal Doctrine
Particular Legal Doctrine
Criticism and Defence of Legal Doctrine
Criticism and Defence of Legal Doctrine
Law And Morality
Law And Morality
Coherence in Legal Doctrine
Coherence in Legal Doctrine
Metatheory and Ontology for Legal Doctrine
Metatheory and Ontology for Legal Doctrine
Conclusions
Conclusions
Legal Reasoning and Practical Rationality
Practical Rationality
Basic Forms of Reasoning
The Doxification of Practical Reasoning
Rationalisation, Reflexivity, Universality
Bounded Rationality: Cognitive Delegation
Bounded Rationality: Factors
Preference-Based Reasoning: Rules
Preference-Based Reasoning: Factors
Multi-Agent Practical Reasoning
Collective Intentionality
Collective Cognition and Dialogues
Cognitive and Legal Bindingness
The Foundation of Legal Bindingness
Legal Logic
Law and Logic
Classical Logic and the Law
Actions
Deontic Notions
Negation, Permission, and Completeness
Obligational Concepts
Normative Conditionals and Legal Inference
Varieties of Normative Conditionals
Potestative Concepts
Proclamations
Proclamative Power
Normative Texts and Sources of Law
Argumentation Frameworks
Argument Logic
Cases and Theory Construction
Theory-Based Dialectics
Conclusion
Conclusion.
A First Glance
Dualism and Interaction Between the Reality that Ought to Be and the Reality that is: Validity as a Pineal Gland
Taking a Dive Into the Sources of Law
The Problem of the Matrix
The Reality That Ought to Be: A Monistic Perspective. Norms as Beliefs and as Motives of Behaviour
The Motives of Human Behaviour
Norms As Beliefs
How Norms Proliferate in Human Brains
Family Portraits. Law as Interference in the Motives of Behaviour
No Law Without Norms
But Norms are Not Enough. the Interaction Between Language and Motives of Behaviour
The Law in Force: an Ambiguous Intertwining of Normativeness and Organised Power
In Search of Confirming Others
The Reality that Ought to Be as Fate
What is Right in Homeric Epic
What is Right, What Is Just, Ratio As Type: Sanctus Thoma Docet
The Law and What is Right. Hans Kelsen Under Suspicion
Nature and Culture
What Does "Foundations" Mean?
What Does "Foundations" Mean?
The Explanandum: What is Law?
The Explanandum: What is Law?
Extra-Legal Foundations of Law-Variations on Legally External Foundations
Extra-Legal Foundations of Law-Variations on Legally External Foundations
Internal Foundations of Law
Internal Foundations of Law
Anti-Foundationalism
Anti-Foundationalism
General Tendencies
General Tendencies
Problems of Explanation
Problems of Explanation
Summary
Summary
Legislation
Legislation
Precedent
Precedent
Custom
Custom
Delegation
Delegation
Constitutions
Constitutions
Sources of Law in the Civil Law
Sources of Law in the Civil Law
International Law
International Law
Authority
Authority
Legal Doctrine and Legal Theory
Legal Doctrine and Legal Theory
Particular Legal Doctrine
Particular Legal Doctrine
Criticism and Defence of Legal Doctrine
Criticism and Defence of Legal Doctrine
Law And Morality
Law And Morality
Coherence in Legal Doctrine
Coherence in Legal Doctrine
Metatheory and Ontology for Legal Doctrine
Metatheory and Ontology for Legal Doctrine
Conclusions
Conclusions
Legal Reasoning and Practical Rationality
Practical Rationality
Basic Forms of Reasoning
The Doxification of Practical Reasoning
Rationalisation, Reflexivity, Universality
Bounded Rationality: Cognitive Delegation
Bounded Rationality: Factors
Preference-Based Reasoning: Rules
Preference-Based Reasoning: Factors
Multi-Agent Practical Reasoning
Collective Intentionality
Collective Cognition and Dialogues
Cognitive and Legal Bindingness
The Foundation of Legal Bindingness
Legal Logic
Law and Logic
Classical Logic and the Law
Actions
Deontic Notions
Negation, Permission, and Completeness
Obligational Concepts
Normative Conditionals and Legal Inference
Varieties of Normative Conditionals
Potestative Concepts
Proclamations
Proclamative Power
Normative Texts and Sources of Law
Argumentation Frameworks
Argument Logic
Cases and Theory Construction
Theory-Based Dialectics
Conclusion
Conclusion.
Summary
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and volume 12 forthcoming in 2012/2013), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 1: The Law and the Right, a Reappraisal of the Reality that ought to be by Enrico Pattaro This work brings out and recovers the normative dimension of law, called "the reality that ought to be", placing within this reality the idea of what is right. Part I reconstructs the current as well as the traditional civil-law conception of the reality that ought to be and raises some critical theoretical issues. Part II introduces some basic concepts on language and behaviour and presents a conception of norms as beliefs. Part III aims to find explanations for the idea of a reality that ought to be. Part IV consists of inquiries focussed on Homeric epic, the natural-law school, and the normativistic view of positive law. .
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Language
English
ISBN
9781402035050
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