Download or read book Studi sulla logica del diritto e della scienza giuridica written by Giovanni Battista Ratti and published by . This book was released on 2013 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Filosofia del diritto Diritto Scienza giuridica written by Enrico Pattaro and published by Rubbettino Editore. This book was released on 2023-04-28T00:00:00+02:00 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Un testo che ripercorre il dibattito italiano e internazionale sul concetto di diritto e sullo statuto della scienza giuridica. Vi si difende una prospettiva filosoficamente neoempiristica. E nel quadro delle filosofie del diritto novecentesche si adotta la prospettiva del realismo giuridico scandinavo. Questo scardina le certezze della tradizionale dogmatica giuridica, riportandola sul terreno della registrazione della realtà effettuale. La cosiddetta scienza giuridica ha a che fare con un fenomeno come quello del diritto che è intriso di materialità e di proiezioni ideologiche.
Download or read book Teoria della scienza giuridica written by Norberto Bobbio and published by . This book was released on 1950 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book La logica nella scienza giuridica written by Gaetano Carcaterra and published by G Giappichelli Editore. This book was released on 2015-03-26 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Studi sulla teoria generale del diritto written by Norberto Bobbio and published by . This book was released on 1955 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
Download or read book Pragmatics and Law written by Francesca Poggi and published by Springer. This book was released on 2016-12-01 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the second part of a project which hosts an interdisciplinary discussion about the relationship among law and language, legal practice and ordinary conversation, legal philosophy and the linguistics sciences. An international group of authors, from cognitive science, philosophy of language and philosophy of law question about how legal theory and pragmatics can enrich each other. In particular, the first part is devoted to the analysis of how pragmatics can solve problems related to legal theory: What can pragmatics teach about the concept of law and its relationship with moral, and, in particular, about the eternal dispute between legal positivism and legal naturalism? What can pragmatics teach about the concept of law and/or legal disagreements? The second part is focused on legal adjudication: it aims to construct a pragmatic apparatus appropriate to legal trial and/or to test the tenure of the traditional pragmatics tools in the field. The authors face questions such as: Which interesting pragmatic features emerge from legal adjudication? What pragmatic theories are better suited to account for the practice of judgment or its particular aspects (such as the testimony or the binding force of legal precedents)? Which pragmatic and socio-linguistic problems are highlighted by this practice?
Download or read book Jurisprudence in the Mirror written by Luka Burazin and published by Oxford University Press. This book was released on 2024-09-11 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is something quite puzzling about the global conversation on jurisprudence. On the one hand, jurisprudence is supposed to deal with abstract questions concerning the nature, structure, and distinctive features of the law. These questions are not tightly associated with, or dependent on, the particular legal practices in one jurisdiction or another. But, on the other hand, it seems that jurisprudents are tacitly affected by their background institutional context: there is an evident divide between theorizing about the law in the civil law world and in the common law world. Jurisprudence in the Mirror: The Common Law World Meets the Civil Law World systematically presents the major achievements of contemporary civil law jurisprudence to the common law world and bridges the gap in analytic jurisprudence as it is currently practiced in the two traditions. The volume seeks to bring different voices to the table and overcome the cultural and linguistic divides that have created barriers in philosophical exchanges. The book's structure is dialogical: it includes twelve essays written by prominent and influential jurisprudents from the civil law world, each followed by a response by a jurisprudent from the common law world. This approach highlights what the two worlds share, where they part ways, and why. The varied contributions reveal how their respective legal traditions shape fundamental legal concepts and jurisprudential debates and will be invaluable to readers from both the civil and common law worlds.
Download or read book Meta theory of Law written by Mathieu Carpentier and published by John Wiley & Sons. This book was released on 2022-08-24 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is devoted to the theory of legal theory, also referred to as the "meta-theory of law". The aim of this emerging discipline is to determine the objectives, aims and methods of legal theory, and to establish the conditions of possibility as well as the validity criteria for theoretical discourse on law. The contributions in this book provide an overview of these aspects through different perspectives and approaches. The very purpose of legal theory has been disputed and the subject area is currently subject to increasing cross-fertilization between different, and sometimes diverging, traditions. Meta-theory of Law assesses these emerging trends by questioning two basic objects of legal theory, the "nature" and the "science" of law.
Download or read book Logic in the Theory and Practice of Lawmaking written by Michał Araszkiewicz and published by Springer. This book was released on 2015-10-05 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of law making. Elaborations of the process of law making have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in law making. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems—and some possible solutions—as seen through the work of leading contemporary academics. The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of law making taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law. How does logic inform lawmaking? Are legal systems consistent and complete? How can legal rules be represented by means of formal calculi and visualization techniques? Does the structure of statutes or of legal systems resemble the structure of deductive systems? What are the logical relations between the basic concepts of jurisprudence that constitute the system of law? How are theories of legal interpretation relevant to the process of legislation? How might the statutory text be analysed by means of contemporary computer programs? These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection.
Download or read book Pragmatics and Law written by Alessandro Capone and published by Springer. This book was released on 2016-05-02 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume highlights important aspects of the complex relationship between common language and legal practice. It hosts an interdisciplinary discussion between cognitive science, philosophy of language and philosophy of law, in which an international group of authors aims to promote, enrich and refine this new debate. Philosophers of law have always shown a keen interest in cognitive science and philosophy of language in order to find tools to solve their problems: recently this interest was reciprocated and scholars from cognitive science and philosophy of language now look to the law as a testing ground for their theses. Using the most sophisticated tools available to pragmatics, sociolinguistics, cognitive sciences and legal theory, an interdisciplinary, international group of authors address questions like: Does legal interpretation differ from ordinary understanding? Is the common pragmatic apparatus appropriate to legal practice? What can pragmatics teach about the concept of law and pervasive legal phenomena such as testimony or legal disagreements?
Download or read book Legal Interpretation and Scientific Knowledge written by David Duarte and published by Springer Nature. This book was released on 2019-09-25 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.
Download or read book Teoria dell istituto giuridico e metodo del diritto costituzionale e Book written by COSTA PAOLO and published by G Giappichelli Editore. This book was released on 2021-04-27 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: L’istituto giuridico e uno di quei concetti di cui può dirsi, ricalcando un celebre topos filosofico, essere noti ai giuristi fintanto che non si domandi loro di definirlo. E in effetti, difficilmente saprebbero formularne la nozione con un rigore degno della tradizione scientifica a cui appartengono. Questo e ancor più vero per quei settori della scienza giuridica in cui la figura dell’istituto non e quasi stata oggetto di riflessione esplicita. Tra questi va senz’altro annoverato il settore del diritto costituzionale. Dell’istituto giuridico si sono occupati principalmente romanisti, privatisti, storici del diritto e filosofi del diritto. Invero in ambito costituzionalistico non mancano studi di indiscusso valore sulla sistematica e sulla dogmatica. Ma la figura dell’istituto giuridico rimane in larga misura sullo sfondo e quasi indistinta rispetto alla più ampia riflessione sul sistema. Si tratta di una circostanza abbastanza curiosa. Una scienza che ha fatto della sistematicità uno dei sui tratti fondativi (ancorché, ad oggi, sia un tratto sempre meno esclusivo 3) sembra aver smarrito consapevolezza intorno all’elemento di base del sistema stesso. Questo dato appare difficilmente controvertibile. Sembrano invece tutte da approfondire le sue ragioni e le sue eventuali ricadute.
Download or read book Philosophy of Law written by Giorgio Del Vecchio and published by . This book was released on 1953 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Argument Types and Fallacies in Legal Argumentation written by Thomas Bustamante and published by Springer. This book was released on 2015-04-07 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides theoretical tools for evaluating the soundness of arguments in the context of legal argumentation. It deals with a number of general argument types and their particular use in legal argumentation. It provides detailed analyses of argument from authority, argument ad hominem, argument from ignorance, slippery slope argument and other general argument types. Each of these argument types can be used to construct arguments that are sound as well as arguments that are unsound. To evaluate an argument correctly one must be able to distinguish the sound instances of a certain argument type from its unsound instances. This book promotes the development of theoretical tools for this task.
Download or read book Realt e logica nel diritto written by Vincenzo Gueli and published by . This book was released on 1954 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Scienza giuridica e metodologia giuridica written by Luigi Mosco and published by . This book was released on 1954 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt:
