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This thought-provoking book develops and elaborates on the artifact
theory of law, covering a wide range of related theoretical and
practical topics. Offering a range of perspectives that flesh out
the artifact theory of law, it also introduces criticisms of
previous formulations of the theory and inquires into its potential
payoffs. Featuring international contributions from both noted and
up-and-coming scholars in law and philosophy, the book is divided
into two parts. The first part further explores and evaluates the
concept of law as an artifact and analyses the background and
theoretical basis of the theory. The second part comprises three
sections on legal ontology, semantics and legal normativity,
specifically in relation to law's artifactual nature. Providing
cutting-edge insights at the intersection of law and philosophy,
this book will appeal to scholars and students in philosophy of
law, empirical legal studies, social ontology and the philosophy of
society.
This book focuses on the problems of rules, rule-following and
normativity as discussed within the areas of analytic philosophy,
linguistics, logic and legal theory. Divided into four parts, the
volume covers topics in general analytic philosophy, analytic legal
theory, legal interpretation and argumentation, logic as well as
AI& Law area of research. It discusses, inter alia,
"Kripkenstein's" sceptical argument against rule-following and
normativity of meaning, the role of neuroscience in explaining the
phenomenon of normativity, conventionalism in philosophy of law,
normativity of rules of interpretation, some formal approaches
towards rules and normativity as well as the problem of
defeasibility of rules. The aim of the book is to provide an
interdisciplinary approach to an inquiry into the questions
concerning rules, rule-following and normativity.
Methodological and metaphilosophical disputes in the contemporary
philosophy of law are very vivid. Basic issues remain
controversial. The purpose of the book is to confront approaches of
Anglo-Saxon and continental philosophy of law to the following
topics: the purpose of legal philosophy, the role of disagreement
in legal philosophy, methodology of legal philosophy (conceptual
analysis) and normativity of law. We see those areas of legal
metaphilosophy as drawing recently more and more attention in the
literature. The authors of particular chapters are internationally
recognised scholars rooted in various traditions: Anglo-Saxon
(Gerald Postema, Dennis Patterson, Kenneth Ehrenberg, Veronica
Rodriguez-Blanco); Southern-European (Riccardo Guastini, Manuel
Atienza); Nordic (Torben Spaak); German (Ralf Poscher); and
Central-European (Jan Wolenski, Tomasz Gizbert-Studnicki, Adam
Dyrda). They represent different approaches and different
backgrounds. The purpose of the volume is to contribute to the
cross-cultural discussions of fundamental issues of philosophy of
law.
Methodological and metaphilosophical disputes in the contemporary
philosophy of law are very vivid. Basic issues remain
controversial. The purpose of the book is to confront approaches of
Anglo-Saxon and continental philosophy of law to the following
topics: the purpose of legal philosophy, the role of disagreement
in legal philosophy, methodology of legal philosophy (conceptual
analysis) and normativity of law. We see those areas of legal
metaphilosophy as drawing recently more and more attention in the
literature. The authors of particular chapters are internationally
recognised scholars rooted in various traditions: Anglo-Saxon
(Gerald Postema, Dennis Patterson, Kenneth Ehrenberg, Veronica
Rodriguez-Blanco); Southern-European (Riccardo Guastini, Manuel
Atienza); Nordic (Torben Spaak); German (Ralf Poscher); and
Central-European (Jan Wolenski, Tomasz Gizbert-Studnicki, Adam
Dyrda). They represent different approaches and different
backgrounds. The purpose of the volume is to contribute to the
cross-cultural discussions of fundamental issues of philosophy of
law.
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