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Making the Law Explicit - The Normativity of Legal Argumentation (Hardcover, New)
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Making the Law Explicit - The Normativity of Legal Argumentation (Hardcover, New)
Series: European Academy of Legal Theory Series
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Legal argumentation consists in the interpretation of texts.
Therefore, it has a natural connection to the philosophy of
language. Central issues of this connection, however, lack a clear
answer. For instance, how much freedom do judges have in applying
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, Kiel. 'Klatt focuses on a very profound
theory of concept formation and uses this theory in a creative way
to solve classical problems of legal argumentation.' Aleksander
Peczenik
General
Imprint: |
Hart Publishing
|
Country of origin: |
United Kingdom |
Series: |
European Academy of Legal Theory Series |
Release date: |
September 2008 |
First published: |
2008 |
Authors: |
Matthias Klatt
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Dimensions: |
234 x 156 x 20mm (L x W x T) |
Format: |
Hardcover
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Pages: |
256 |
Edition: |
New |
ISBN-13: |
978-1-84113-491-8 |
Categories: |
Books >
Law >
Jurisprudence & general issues >
Jurisprudence & philosophy of law
|
LSN: |
1-84113-491-0 |
Barcode: |
9781841134918 |
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