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The book offers contributions to a philosophical and realistic
approach to the place of adjudication in contemporary
constitutional democracies. Bringing together scholars from
different legal and philosophical backgrounds, the book purports to
cast light on the role(s) of judges and the function of judicial
interpretation inside of constitutional states, from the standpoint
of legal realism as a revisited and sophisticated jurisprudential
outlook. In so doing, the book also copes with a few major
jurisprudential issues, like, e.g., determining the ideas that make
up the core of legal realism, exploring the relation between legal
realism and legal positivism, identifying the boundaries of
judicial interpretation as they appear from a realist standpoint,
as well as considering some skeptical outlooks on the very claims
of contemporary legal realism.
This book provides a new and wide-ranging study of law's
normativity, examining conceptual, descriptive and empirical
dimensions of this perennial philosophical issue. It also contains
essays concerned with, among other issues, the relationship between
semantic and legal normativity; methodological concerns pertaining
to understanding normativity; normativity and legal interpretation;
and normativity as it pertains to transnational law. The
contributors come not only from the usual Anglo-American and
Western European community of legal theorists, but also from Latin
American and Eastern European communities, representing a diversity
of perspectives and points of view - including essays from both
analytic and continental methodologies. With this range of topics,
the book will appeal to scholars in transnational law, legal
sociology, normative legal philosophy concerned with problems of
state legitimacy and practical rationality, as well as those
working in general jurisprudence. It comprises a highly important
contribution to the study of law's normativity.
The book offers contributions to a philosophical and realistic
approach to the place of adjudication in contemporary
constitutional democracies. Bringing together scholars from
different legal and philosophical backgrounds, the book purports to
cast light on the role(s) of judges and the function of judicial
interpretation inside of constitutional states, from the standpoint
of legal realism as a revisited and sophisticated jurisprudential
outlook. In so doing, the book also copes with a few major
jurisprudential issues, like, e.g., determining the ideas that make
up the core of legal realism, exploring the relation between legal
realism and legal positivism, identifying the boundaries of
judicial interpretation as they appear from a realist standpoint,
as well as considering some skeptical outlooks on the very claims
of contemporary legal realism.
This book provides a new and wide-ranging study of law's
normativity, examining conceptual, descriptive and empirical
dimensions of this perennial philosophical issue. It also contains
essays concerned with, among other issues, the relationship between
semantic and legal normativity; methodological concerns pertaining
to understanding normativity; normativity and legal interpretation;
and normativity as it pertains to transnational law. The
contributors come not only from the usual Anglo-American and
Western European community of legal theorists, but also from Latin
American and Eastern European communities, representing a diversity
of perspectives and points of view - including essays from both
analytic and continental methodologies. With this range of topics,
the book will appeal to scholars in transnational law, legal
sociology, normative legal philosophy concerned with problems of
state legitimacy and practical rationality, as well as those
working in general jurisprudence. It comprises a highly important
contribution to the study of law's normativity.
The second Yearbook of the Central East European Forum of Young
Legal, Political and Social Theorists aims at reassessing some
major legacies of jurisprudence and political philosophy, thereby
celebrating one hundred years from the publication of the first
important theoretical account of Hans Kelsen - Hauptprobleme der
Staatsrechtslehre; the fifty-years anniversary of one of the most
important contemporary books in legal theory - Herbert Hart's The
Concept of Law; as well as the forty-years heritage of the most
influential 20th century account of justice - John Rawls's A Theory
of Justice. On this occasion fourteen scholars from Eastern and
Central Europe gave their accounts and interpretations of
jurisprudential and political philosophical problems that persist
or emerge anew in contemporary debates.
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