Titlebook: Neutrality and Theory of Law; Jordi Ferrer Beltrán,José Juan Moreso,Diego M. Pap Book 2013 Springer Science+Business Media Dordrecht 2013

Paradox

Book 2013 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

者變

reptile

Necessity, Importance, and the Nature of Law,ence focuses on conceptual analysis, and on the properties that are necessary (or essential) to the concept of law. This enterprise is thought to advance our “understanding” of the “nature” of law, and indeed it has. But if we define the “nature of law” as other than synonymous with “concept of law,

Permanent

Barter

Alexy Between Positivism and Non-positivism, One of the main actors in that debate is Robert Alexy, who tries to offer in his book, The Argument from Injustice. A Reply to Legal Positivism, arguments both analytical and normative to support and develop the non-positivistic thesis. The present essay analyzes and rejects the analytical argument

安撫

The Architecture of Jurisprudence,ature fields, however, the conventional wisdom can sometimes be misleading and the central problems poorly cast. Unfortunately, this is the state of affairs in analytic jurisprudence. Progress can be made only if much of the conventional wisdom is displaced and its central questions are reframed.

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搜集

Juristenrecht: Inventing Rights, Obligations, and Powers,matics, i.e., the actual practice of academic lawyers. A preliminary distinction is made among (different forms of) interpretation and what the author labels “juristic construction”. The author maintains that legal dogmatics does not simply describe, but mould and enrich the law by ascribing meaning

樸素

The Demarcation Problem in Jurisprudence: A New Case for Skepticism,human societies: law and morality. Positivists propose a solution to this ‘Demarcation Problem’ according to which the legal validity of a norm cannot depend on its being morally valid, either in all or at least some possible legal systems. The proposed analysis purports to specify the essential and

Paraplegia

Normative Legal Positivism, Neutrality, and the Rule of Law,t justifies normative legal positivism is the value - or the ideal - of neutrality, suitably understood..What, then, is the relevant concept of neutrality? And why is neutrality, so understood, a value? Answers to these questions, can be found when we consider the idea of the Rule of Law..Normative