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  • Hart Publishing, Oxford - Good books for lawyers
    the law How are the literal and the purposive approaches related to one another How can we distinguish between applying the law and making the law This book provides answers by means of a complex and detailed theory of literal meaning A new legal method is introduced namely the further development of the law It is so far unknown in Anglo American jurisprudence but it is shown that this new method helps in solving some of the most crucial puzzles in jurisprudence At its centre the book addresses legal indeterminism and refutes linguistic philosophical reasons for indeterminacy It spells out the normative character of interpretation as emphasized by Raz and with the help of Robert Brandom s normative pragmatics it is shown that the relativism of interpretation from a normative perspective does not at all justify scepticism On the contrary it supports the claim that legal argumentation can be objective and maintains that statements on the meaning of a statute can be right or wrong and take on inter subjective validity accordingly This book breaks new ground in transferring Brandom s philosophy to legal theoretical problems and presents an original and exciting analysis of the semantic argument in legal argumentation It was the recipient of the European Award for Legal Theory in 2002 This book represents on the one hand a reception of Robert Brandom s important theory including applications of this theory in the field of legal philosophy and on the other an exploration of the limits of an appeal in legal interpretation to the text The enquiry thereby impinges upon the central juridico philosophical themes of meaning objectivity and normativity The author s work counts as a significant contribution to analytical jurisprudence and is deserving of a wide readership Robert Alexy Professor for Public Law and Legal Philosophy

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841134918 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    After exploring the relationship between law and politics as considered by the major modern schools of legal theory the focus moves to the regions of interaction in which law and politics meet termed the policy of law The policy of law is characterized in this work as the stage of the law making process at which values entrenched in political decisions are transformed into legal concepts in order to fit the existing legal system The space labeled as policy of law is today mainly but not exclusively the domain of legal actors Consequently the identification of a branch of the legal discipline specifically devoted to the investigation of the transformations of values into law is given the policy of law analysis Finally whether and to what extent the policy of law analysis can be encompassed within the traditional legal discipline and more particularly as a part of jurisprudence is explored Zamboni ranges broadly and knowledgeably over vast areas of legal theory But it is no mere taxonomising his argument is valuable and original It is clear learned and never boring Zenon Bankowski University of Edinburgh Mauro Zamboni is an Associate Professor in Jurisprudence at the School of Law Stockholm University

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841137230 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    discipline in particular at its epistemology and methodology Thus among its contents the reader will find a lively discussion of the kind of knowledge that is or could be derived from comparative law an analysis of legal families which asks whether we need to distinguish different legal families according to areas of law essays which ask what is the appropriate level for research to be conducted the technical surface level a deep level of ideology and legal practice or an intermediate level of other elements of legal culture such as the socio economic and historical background of law One part of the book is devoted to questioning the identification and demarcation of a legal system and the clash between legal monism and legal pluralism and the definition of the European legal orders sub State legal orders and what is left of traditional sovereign State legal systems while a final part explores the desirability and possibility of developing a basic common legal language with common legal principles and legal concepts and or a legal meta language which would be developed and used within emerging European legal doctrine All the papers in this collection share the common goal of seeking answers to

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841134437 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    that although legislation and regulation are the result of a political process legislation and regulation can be the object of theoretical study The focus is on problems that are common to most European legal systems and the approach involves applying to legislative problems the tools of legal theory hence legisprudence Traditional legal theory deals predominantly with the question of the application of law by the judge Legisprudence enlarges the field of study so as to include the creation of law by the legislator Following this new approach a variety of new questions and problems are raised including the validity of norms their meaning and the structure of the legal system problems that are traditionally dealt with from the perspective of the judge or are taken for granted by classical legal theory However by shifting the attention to the legislator the same questions arise though traditional legal science covers many of these questions with the cloak of sovereignty The original essays published in this volume expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest many legal scholars around the world Luc Wintgens is Professor of

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841133423 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    instance legislators judges legal scholars and the media and on the situations where they arise for instance at the national and supra national level and within or between State law and non State law The author argues that our conception of legal system of democracy of the legitimation of law and of the respective role of judges legislators and legal scholars should be based on a pluralist and communicative approach

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841133416 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    treated as being of particular importance in this regard law is institutional and legal reasoning is formal These two features are so closely connected that it is reasonable to believe that in fact they are simply two ways of looking at the same issue This becomes clearer as the focus of the book shifts from the institutional nature of law to the consequences of this for legal reasoning and which

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841132754 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    debates about European legal integration and more generally about the methodology of comparative law What should be compared Statutory rules case law legal history law s political sociological and economical environment the ideological background of the lawyers legal techniques legal traditions legal cultures etc This question is at the core of many current debates and is discussed in many of the papers contained in this volume The contributors all attempt to locate law in its context and adopt a more theoretical and interdisciplinary approach to making comparisons In taking an interdisciplinary approach many of the contributors look at our current law from the point of view of one non legal discipline with an eye on at least some other elements of law s context notably legal history legal sociology especially legal culture and linguistics They also contribute new ideas to various areas of legal theory including legal epistemology pluralist or monist conceptions of a legal system legal methodology judicial reasoning the theory of legal sources and the analysis of concepts such as equality rights legal principles personal rights and personal identity Mark Van Hoecke is Professor of Law and Jurisprudence at the Katholieke Universiteit Brussel and co director of the

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841131375 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    conflict or whether they fall prey to intellectual and professional techniques and interests which reduce the possibilities for meaningful dissensus Concentrating on the meanings of moral conflict through an analysis of the work of Alasdair MacIntyre and Richard Rorty it provides a defence of an agonistic liberalism drawn from the work of Isaiah Berlin which puts conflict over values at the heart of its critical concerns But in so doing

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841131085 (2016-02-13)
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