Methods, theory and philosophy of law

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.

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

Jeffrie G.

PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial.

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

This book is based on a doctoral thesis submitted to Yale University Law School in 1968.

It has more than once been observed that funeral orations for the natural law have always been premature.

In this book Professor Katzarov has made the first comprehensive study 0/ nationalisation /rom the legal point 0/ view.

One of the most unfortunate facts about the relationship of the United States with Latin America is that only in recent years has there been any appreciable amount of intellectual interchange with reference to law.

Between the Levite at the gate and the judicial systems of our day is a long journey in courthouse government, but its basic structure remains the same - law, judge and process.

I wish to express my gratitude to the following distinguished scholars who have been greatly instrumental in the result of this inquiry.

Modem societies, - like organized societies of all eras, - suffer from antithetical aspirations, from competing institutionalizations of that which is desirable, and that which, though unwelcome, is inevitable.

Scholars have produced a wide variety of theoretical work on contract law.

In the study of forms of legal reasoning, logic and argumentation theory long followed separate tracks.

Action is conceived of as an intentional behavior of an individual or of an institutional subject; it is determined by information processing, namely by a process in which pieces of descriptive and practical information are involved.

Law is the great concealer; and law is everywhere.

This book is a revised version of my dissertation 'DiaLaw - on legal th justification and dialog games' that I defended on June 5 1998 at the Universiteit Maastricht.

It is not unusual that formal and informal discussions about the political system, its virtues, and its many defects, conclude in a discussion about impartiality.

In the essays that follow, Fred Berger argues for freedom of expression, civil disobedience, affirmative action and what he calls liberal judicial activism and against sex-role stereotyping, paternalism and the censorship of pornography.

3 of law as an object that has always already been there, systematic and com- plete.