Methods, theory and philosophy of law

This collection of essays presents a systematic and up-to-date survey of the main aspects of Georg Henrik von Wright's philosophy, tracing the general humanistic leitmotiv to be found in his vast, varied output.

Following the thematic divisions of the first three volumes of Alfred Schutz's Collected Papers into The Problem of Social Reality, Studies in Social Theory and Phenomenological Philosophy, this fourth volume contains drafts of unfinished writings, drafts of published writings, translations of essays previously published in German, and some largely unpublished correspondence.

Law and economics can be considered as the most exciting development in legal scholarship in recent decades.

Autonomy, viewed as a subject's autonomous designing of her own distinctive 'individuality', is not a constitutive problem for liberal theory.

Evolution and Constitution for the first time brings together case law and law based on norms.

Legal theory has been much occupied with understanding legal systems and analysing the concept of legal system.

The following pages attempt to develop the main outlines of an existential phenomenology of law within the context of Maurice Merleau-Ponty's phe- nomenology of the social world.

This book deals with a central problem throughout the legal profession -a solution to the problem is sought and reached in some basic form.

Contemporary Action Theory, Volume I (Individual Action) is concerned with topics in philosophical action theory such as reasons and causes of action, intentions, freedom of will and of action, omissions and norms in legal and ethical contexts, as well as activity, passivity and competence from medical points of view.

In order to determine whether two participants in a discussion are in real dis/agreement, one must compare their propositions.

The intertwinement of EC law and national law may create unforeseeability in situations where EC law invades the national cases, which gives rise to the very question of legal certainty in EC law.

Catriona McKinnon and Dario Castiglione It is not an overstatement to say that toleration is one of the most important issues for the defmition of a moral and political theory with application to modem globalised societies.

Through the combined effects of certain natural facts (connected with the passage of time), institutional acts (performed at various points within the university system) and bonds offriendship (forged over quite a number ofyears ofacademic life), I have lately become an occasional writer of forewords.

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.

Building on his contributions to institutional legal theory in Institutional Legal Facts of 1993 (Law and Philosophy Library, volume 18), the author presents a comprehensive theory of legal institutions.

According to platonists, entities such as numbers, sets, propositions and properties are abstract objects.

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.

In response to ETA's 1997 kidnappings and murders thousands of Spaniards attended mass demonstrations to express their contempt for violence as a means of political pressure.

As the dedication ofthis book suggests, the genesis ofthis book arises from my association with Cha'im Perelman.

As I explain in the introduction, this is the third in aseries of collections of my previously published essays in legal theory.

The papers in this book have been collected in celebration of Carl Wellman, who, after forty-five years, is retiring from teaching.

A trustworthy record is one that is both an accurate statement of facts and a genuine manifestation of those facts.

In this age of collections that is ours, many volumes of collections are published.

Philosophical aspects of law and jurisprudence are investigated from various points of view.

Solidarity as a phenomenon lies like an erratic block in the midst of the moral landscape of our age.

Legal argumentation is a distinctively multidisciplinary field of inquiry.

A focus on reasons for action and practical reason is the perspective chosen by many contemporary legal philosophers for the analysis of some central questions of their discipline.

The analysis of justice between generations proposed in this book is based first of all on a critical reading of Rawls' theory of justice, but it also pays attention to the existential and cultural context of our intuitions about intergenerational equity.

Jeffrie G.

Questions about the relationship between autonomy and authority are raised in nearly every area of moral philosophy.

The judiciary is in the early stages of a transformation in which AI (Artificial Intelligence) technology will help to make the judicial process faster, cheaper, and more predictable without compromising the integrity of judges' discretionary reasoning.

Plessy v Ferguson (1897) established racial segregation in American constitutional law for over fifty years and its moral and political legacy lives on, despite attempts in the United States to counter its devastating effects during the last half century.

This book is a revised and extended version of my PhD Thesis 'Logical Tools for Modelling Legal Argument', which I defended on 14 January 1993 at the Free University Amsterdam.

Rule-applying legal arguments are traditionally treated as a kind of syllogism.

Kantianism, Postmodernism and Critical Legal Thought presents a challenging alternative theory of legal philosophy.

An Approach to Rights contains fifteen previously published but mostly inaccessible papers that together show the development of one of the more important contemporary theories of the nature, grounds and practical implications of rights.

Although its concern is jurisprudence, The Tapestry of the Law is intended to offer neither an original theory of or about law nor an account of other people's theories in textbook form.

Informatics and the Foundations of Legal Reasoning represents a close collaboration between a wide range of disciplines and countries.

Gans ranks at the head of that important group of Hegelian thinkers that bridged the generations of Hegel and Marx.

The British philosopher Stephan Toulmin, in his The Uses of Argument, made the provocative claim that "e;logic is generalized jurisprudence"e;.

Both Perelman's collaborators, Professors Haarscher and Ingber, shared with me their deep personal insights about origins, birth and phases of the develop- ment of the New Rhetoric.

Law is traditionally conceived as consisting of norms of conduct and power-conferring norms.

I begin by introducing the main issues of the work, and inviting their consideration; as enticement, I offer a sketch of their practical importance, and of the philosophical challenge they present.

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly.

This is the English version of Jerzy Wroblewski's major work in Polish, S~dowe Stosowania Prawa (translated in his own preferred terms as 'The Judicial Application of Law').

Critical Studies in Private Law discusses the prerequisites and possibilities for an alternative or critical legal dogmatics.

Jeffrie G.