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This book presents papers read at the Conference on Legal Theory
and Philosophy of Science, held at Lund, December 11-14,1983. The
main idea of the conference was to arti- culate, to test, and to
apply scientific rationality with regard to the domain of law and
legal reasoning. Although. very different views were presented, the
general impres- sion is that this idea may have some future, as it
yielded many surprising and stimulating discussions in Lund. The
editors express their gratitude to Torsten S5der- bergs och Ragnar
S5derbergs Stiftelser, Marianne och Marcus Wallenbergs Stiftelse,
Craffoordska Stiftelsen, Swensonska Fonden, Einar Hansens
Forskningsfond, Svenska Institutet and Lunds Universitet for
subsidizing the con- ference. We also express gratitude to Lund
University for help of various kinds, including free rooms,
assistance with copying materials, and thousands of other necessary
things. We thank all people whose work made the conference
possible, first of all Mr.Roland Sch5tt who during a long period
acted as the secretary of the Organizing Committee, Mr.Mats
Mattsson and Mrs.Irena Peczenik who helped with so many things
necessary for the meetings, and many students and members of the
staff of Lund University Law School.
To a certain extent, this book is a translation of Recht, verhaal
en werke- lijkheid, published by Coutinho (Bussum, 1993). Chapters
1, 5 and 9, however, differ considerably from the original. At the
basis of the Dutch book were arguments already submitted in
'Narrative coherence in legal contexts', in C. Faralli and E.
Pattaro (eds.), Reason in Law, vol. III., Milano, A. Giuffre
Editore, 1988, pp. 159-170; 'Justice, Rights, and Hu- man Dignity',
in The Windsor Yearbook of Access to Justice, 7, 1987, pp. 46-65;
'Narrative coherence and the guises of legalism', in P. Nerhot
(ed.), Law, Interpretation and Reality, Dordrecht - Boston, Kluwer
Aca- demic Publishers, 1990, pp. 310-345; 'The Instituting of Brute
Facts', in The International Journal for the Semiotics of Law /
Revue internationale de semiotique juridique, 4, 1991, pp. 279-308.
For chapters 1 and 9 I used the following materials: 'Law is
narrative, not literature', in W.l. Witte- veen (ed.), Law,
Rhetoric and Literature (Special Issue of the Dutch Jour- nal for
Legal Philosophy and Legal Theory), 23, No.3, 1994, Zwolle, Tjeenk
Willink, 1994, pp. 221-227 (with a response by R. Weisberg, pp.
228-229); and 'Seeing Places: On Prepositions in Law', The
International Journal for the Semiotics of Law / Revue
internationale de semiotique juridique, 6, 1993, pp. 249-270.
Chapter 5 was rewritten on the basis of 'The Instituting of Brute
Facts'.
This book presents papers read at the Conference on Legal Theory
and Philosophy of Science, held at Lund, December 11-14,1983. The
main idea of the conference was to arti- culate, to test, and to
apply scientific rationality with regard to the domain of law and
legal reasoning. Although. very different views were presented, the
general impres- sion is that this idea may have some future, as it
yielded many surprising and stimulating discussions in Lund. The
editors express their gratitude to Torsten S5der- bergs och Ragnar
S5derbergs Stiftelser, Marianne och Marcus Wallenbergs Stiftelse,
Craffoordska Stiftelsen, Swensonska Fonden, Einar Hansens
Forskningsfond, Svenska Institutet and Lunds Universitet for
subsidizing the con- ference. We also express gratitude to Lund
University for help of various kinds, including free rooms,
assistance with copying materials, and thousands of other necessary
things. We thank all people whose work made the conference
possible, first of all Mr.Roland Sch5tt who during a long period
acted as the secretary of the Organizing Committee, Mr.Mats
Mattsson and Mrs.Irena Peczenik who helped with so many things
necessary for the meetings, and many students and members of the
staff of Lund University Law School.
To a certain extent, this book is a translation of Recht, verhaal
en werke- lijkheid, published by Coutinho (Bussum, 1993). Chapters
1, 5 and 9, however, differ considerably from the original. At the
basis of the Dutch book were arguments already submitted in
'Narrative coherence in legal contexts', in C. Faralli and E.
Pattaro (eds.), Reason in Law, vol. III., Milano, A. Giuffre
Editore, 1988, pp. 159-170; 'Justice, Rights, and Hu- man Dignity',
in The Windsor Yearbook of Access to Justice, 7, 1987, pp. 46-65;
'Narrative coherence and the guises of legalism', in P. Nerhot
(ed.), Law, Interpretation and Reality, Dordrecht - Boston, Kluwer
Aca- demic Publishers, 1990, pp. 310-345; 'The Instituting of Brute
Facts', in The International Journal for the Semiotics of Law /
Revue internationale de semiotique juridique, 4, 1991, pp. 279-308.
For chapters 1 and 9 I used the following materials: 'Law is
narrative, not literature', in W.l. Witte- veen (ed.), Law,
Rhetoric and Literature (Special Issue of the Dutch Jour- nal for
Legal Philosophy and Legal Theory), 23, No.3, 1994, Zwolle, Tjeenk
Willink, 1994, pp. 221-227 (with a response by R. Weisberg, pp.
228-229); and 'Seeing Places: On Prepositions in Law', The
International Journal for the Semiotics of Law / Revue
internationale de semiotique juridique, 6, 1993, pp. 249-270.
Chapter 5 was rewritten on the basis of 'The Instituting of Brute
Facts'.
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