Law, Truth and Reason: A Treatise on Legal Argumentation (Hardcover)

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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 le...

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ITEM#: 13714249

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.

Specs

ISBN 9789400718715
Genre LAW / Reference
Format Hardcover
Pages 290
Publisher Date 2011-08-09 00:00:00.0
Publisher Springer Verlag
Copyright Year 2011
Height 9.25 in
Wdth 6.25 in
Thickness 1.0 in
Unit weight 1.25 lb
Language English
Subtitle A Treatise on Legal Argumentation
Series Name Law and Philosophy Library
Series Volume Number 97
Audience College/higher education
Authors Siltala, Raimo

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