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A Theory of Legal Sentences : Law and Philosophy Library - Manuel Atienza

A Theory of Legal Sentences

Law and Philosophy Library

Hardcover ISBN: 9780792348566
Number Of Pages: 194

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  • Paperback View Product Published: 23rd October 2012

Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.

Mandatory Norms: Principles and Rulesp. 1
Introduction. Types of principlesp. 1
Principles and rulesp. 6
The explanatory, the justificatory and the legitimatory dimension of principlesp. 19
Reply to Our Criticsp. 26
Mandatory rules as peremptory reasons, and principles as non-peremptory reasons; the 'closed' or 'open' configuration of the conditions of applicationp. 27
Principles and full compliancep. 36
Power-Conferring Rulesp. 44
What power-conferring rules are notp. 45
What power-conferring rules arep. 57
Reply to Our Criticsp. 76
Critique of our critique of the deontic (or prescriptivist) conceptionp. 76
Are we treating the conceptualist thesis fairly?p. 84
Problems with our conceptionp. 85
Permissive Sentencesp. 90
Permission in contemporary legal theoryp. 90
Reformulating the problemp. 103
A Note on Constitutional Permission and Basic Rightsp. 116
Values in the Lawp. 120
Two conceptions of criminal normsp. 121
The double-faced character of norms and value judgmentsp. 127
Types of norms and types of valuesp. 135
The Rule of Recognitionp. 141
Jurists and the 'normative value' of the constitutionp. 142
The rule of recognition as ultimate normp. 145
Changing the rule of recognition without rupturing legal continuity?p. 146
A host of problemsp. 147
Who shapes the rule of recognition?p. 148
The conceptual, directive and evaluative dimensions of the rule of recognition. The rule of recognition and the exclusionary claim of the law. Why accept the rule of recognition?p. 152
How many rules of recognition? Certainty and penumbra in the rule of recognitionp. 158
Conclusionsp. 162
A classification of legal sentences: Table 1p. 162
A comparative analysis of the different types of sentences: Table 2p. 164
Classification Sentencesp. 162
Comparative Analysis of the Different Types of Sentencep. 176
Bibliographyp. 183
Index of Namesp. 191
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9780792348566
ISBN-10: 0792348567
Series: Law and Philosophy Library
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 194
Country of Publication: NL
Dimensions (cm): 23.39 x 15.6  x 1.27
Weight (kg): 0.48