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Evolution and Constitution : The Evolutionary Selfconstruction of Law - E.F. Oeser

Evolution and Constitution

The Evolutionary Selfconstruction of Law

Hardcover Published: 30th November 2003
ISBN: 9781402017841
Number Of Pages: 212

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This book provides a profounder (conformable to the biological theory of evolution) explanatory basis not only for anthropology and history of law but also for juristic methodology. In addition it offers a practical model of juristic argumentation processes, illustrated by many examples. The book is addressed to philosophers of law, historians of law, theorists of science and social scientists as well to all those who are interested to overcome the gap between science and humanities.

Table of Contents
Preface to the English Edition
Description and Purpose of the Work
Philosophy and Jurisprudencep. 1
Legal Philosophy as Methodologyp. 29
Jurisprudential Concept of Science and the Position of Jurisprudence in the System of Sciencesp. 30
The Basic Types of Scientific Methodp. 33
Structure of Scientific Knowledgep. 39
Classification of Sciences and the Position of Jurisprudencep. 50
Model of the Functional Context of Juristic Methodsp. 57
Summary: The Open System of Lawp. 78
Legal Philosophy as a Developmental Theory of Lawp. 85
Legal-Philosophical Relativismp. 85
The Theory of Socio-Cultural Evolution as Frames of a Developmental Theory of Lawp. 90
Approaches to an Evolutionary Theory of Development of Lawp. 108
The Theoretical Model of a Deeper Argumentationp. 119
The Meta-Theory of Juristic Argumentationp. 119
Expansion Towards Historical-Genetic Dimension: Historical Discoursep. 127
Extension Towards a Legal-Ethical Theory of Principlesp. 168
Rational Self-Construction of Lawp. 185
Referencesp. 191
Indexp. 197
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781402017841
ISBN-10: 1402017847
Series: Theory and Decision Library A:
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 212
Published: 30th November 2003
Publisher: Springer-Verlag New York Inc.
Country of Publication: US
Dimensions (cm): 23.5 x 15.5  x 1.27
Weight (kg): 0.51