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This book brings together twelve of the most important legal
philosophers in the Anglo-American and Civil Law traditions. The
book is a collection of the papers these philosophers presented at
the Conference on Neutrality and Theory of Law, held at the
University of Girona, in May 2010. The central question that the
conference and this collection seek to answer is: Can a theory of
law be neutral? The book covers most of the main jurisprudential
debates. It presents an overall discussion of the connection
between law and morals, and the possibility of determining the
content of law without appealing to any normative argument. It
examines the type of project currently being held by
jurisprudential scholarship. It studies the different approaches to
theorizing about the nature or concept of law, the role of
conceptual analysis and the essential features of law. Moreover, it
sheds some light on what can be learned from studying the
non-essential features of law. Finally, it analyzes the nature of
legal statements and their truth values. This book takes the reader
a step further to understanding law.
This book brings together twelve of the most important legal
philosophers in the Anglo-American and Civil Law traditions. The
book is a collection of the papers these philosophers presented at
the Conference on Neutrality and Theory of Law, held at the
University of Girona, in May 2010. The central question that the
conference and this collection seek to answer is: Can a theory of
law be neutral? The book covers most of the main jurisprudential
debates. It presents an overall discussion of the connection
between law and morals, and the possibility of determining the
content of law without appealing to any normative argument. It
examines the type of project currently being held by
jurisprudential scholarship. It studies the different approaches to
theorizing about the nature or concept of law, the role of
conceptual analysis and the essential features of law. Moreover, it
sheds some light on what can be learned from studying the
non-essential features of law. Finally, it analyzes the nature of
legal statements and their truth values. This book takes the reader
a step further to understanding law.
Eugenio Bulygin is a distinguished representative of legal science
and legal philosophy as they are known on the European continent -
no accident, given the role of the civil law tradition in his home
country, Argentina. Over the past half-century, Bulygin has engaged
virtually all major legal philosophers in the English-speaking
countries, including H.L.A. Hart, Ronald Dworkin, and Joseph Raz.
Bulygin's essays, several written together with his eminent
colleague and close friend Carlos E. Alchourron, reflect the genre
familiar from Alf Ross's On Law and Justice, Hans Kelsen's Pure
Theory of Law, and Georg Henrik von Wright's Norm and Action.
Bulygin's wide-ranging interests include most of the topics found
under the rubric of analytical jurisprudence - interpretation and
judicial reasoning, validity and efficacy of law, legal positivism
and the problem of normativity, completeness and consistency of the
legal system, the nature of legal norms, and the role of deontic
logic in the law. The reader will take delight in the often
agreeably unorthodox character of Bulygin's views and in his
hard-hitting arguments in defence of them. He challenges the
received opinion on gaps in the law, on legal efficacy, on
permissory norms, and on the criteria for legal validity. Bulygin's
essays have been wellnigh inaccessible in the past, appearing in
specialized journals, often in Spanish or German. They are now
available for the first time in an English-language collection.
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