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On Law and Legal Reasoning : European Academy of Legal Theory - Fernando Atria

On Law and Legal Reasoning

European Academy of Legal Theory

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This book is about legal theory and legal reasoning. In particular, it seeks to examine the relations that obtain between law and a theory of law and legal reasoning and a theory of legal reasoning. Two features of law and legal reasoning are treated as being of particular importance in this regard: law is institutional, and legal reasoning is formal. These two features are so closely connected that it is reasonable to believe that in fact they are simply two ways of looking at the same issue. This becomes clearer as the focus of the book shifts from the institutional nature of law to the consequences of this for legal reasoning, and which is the principal focus of the book. The author received the European Academy of Legal Theory award in 2000 for the doctoral dissertation on which this work was based.

Industry Reviews

Overall the book is valuable for anyone interested in legal theory. John G. Bennett Philosophical Books April 2004

Constitutive Rules, Institutions and the Weightier Matters of the Lawp. 1
Two Concepts of Rulesp. 1
The Game-Analogyp. 6
Insulationp. 9
A General Theory of Institutional Factsp. 14
The Game of Lawp. 31
Law as Institutional factp. 39
Two Models of Institutionp. 43
The Weightier Matters of the Lawp. 49
A Short Previewp. 60
Gapless Sourcesp. 63
The Sources Thesis and the Problem of Authorityp. 63
Legal Indeterminacyp. 71
Hard and Clear Casesp. 73
On Gaps in the Lawp. 76
Meaning and Applicationp. 87
Playing on Railway Stationsp. 87
Hart on Open Texturep. 89
Principles, Rules and Exclusionary Reasonsp. 94
Fuller v. Fullerp. 101
Is Defeasibility a Non-Legal, Moral Problem?p. 101
"My Code is Lost"p. 115
Nothing at all or Nothing Exceptionalp. 123
Exceptions and Rulesp. 123
The Circumstances of Defeasibilityp. 125
Normality and Defeasibilityp. 135
Hart on Defeasibilityp. 137
A Roman Puzzlep. 141
Roman Common Sensep. 143
Locatio Conductio and the Protection of the Lesseep. 146
Permutatio and Emptio Venditiop. 148
Regula lurisp. 150
Legal Reasoning and Legal Theory Revisitedp. 161
Deductive Reasoning and Legal Argumentationp. 172
Rules as Entrenched Generalisationsp. 184
Legal Reasoning, Rules and Sourcesp. 188
The Powers of Applicationp. 197
The Formality of Lawp. 197
An Image of Lawp. 204
Images of Lawp. 218
Referencesp. 223
Indexp. 231
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781841132754
ISBN-10: 1841132756
Series: European Academy of Legal Theory
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 240
Published: 7th August 2002
Country of Publication: GB
Dimensions (cm): 24.05 x 16.33  x 1.88
Weight (kg): 0.54
Edition Number: 1