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Law, Truth, and Reason - A Treatise on Legal Argumentation (Paperback, 2011 ed.)
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Law, Truth, and Reason - A Treatise on Legal Argumentation (Paperback, 2011 ed.)
Series: Law and Philosophy Library, 97
Expected to ship within 10 - 15 working days
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This book is an innovative contribution to analytical
jurisprudence. It is mainly based on the distinct premises of
linguistic philosophy and Carnapian semantics, but also addresses
the issues of institutional philosophy, social pragmatism, and
legal principles as envisioned by Dworkin, among others.
Wroblewskis three ideologies (bound/free/legal and rational) and
Makkonens three situations (isomorphic/semantically vague/normative
gap) of judicial decision-making are further developed by means of
10 frames of legal analysis as discerned by the author. With the
philosophical theories of truth serving as a reference, the frames
of legal analysis include the isomorphic theory of law
(Wittgenstein, Makkonen), the coherence theory of law (Alexy,
Peczenik, Dworkin), the new rhetoric and legal argumentation theory
(Perelman, Aarnio), social consequentialism (Posner), natural law
theory (Fuller, Finnis), and the sequential model of legal
reasoning by Neil MacCormick and the Bielefelder Kreis. At the end,
some key issues of legal metaphysics are addressed, like the notion
of legal systematics and the future potential of the analytical
approach in jurisprudence.
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