ISBN:
9789400745933
,
1283612321
,
9781283612326
Sprache:
Englisch
Seiten:
Online-Ressource (XVII, 205 p, digital)
Serie:
Law and Philosophy Library 100
Serie:
SpringerLink
Serie:
Bücher
Paralleltitel:
Buchausg. u.d.T. The planning theory of law
DDC:
340.1
Schlagwort(e):
Philosophy of law
;
Law
;
Law
;
Philosophy of law
;
Law
;
Philosophy
;
Jurisprudence
;
Aufsatzsammlung
;
Rechtsphilosophie
;
Rechtsphilosophie
;
Naturrecht
;
Rechtstheorie
Kurzfassung:
This collection of essays is the outcome of a workshop with Scott Shapiro on The Planning Theory of Law that took place in December 2009 at Bocconi University. It brings together a group of scholars who wrote their contributions to the workshop on a preliminary draft of Shapiro's Legality. Then, after the workshop, they wrote their final essays on the published version of the book. The contributions clearly highlight the difference of the continental and civil law perspective from the common law background of Shapiro but at the same time the volume tries to bridge the gap between the two. The essays provide a critical reading of the planning theory of law, highlighting its merits on the one hand and objecting to some parts of it on the other hand. Each contribution discusses in detail a chapter of Shapiro's book and together they cover the whole of Shapiro's theory. So the book presents a balanced and insightful discussion of the arguments of Legality
Kurzfassung:
This collection of essays is the outcome of a workshop with Scott Shapiro on The Planning Theory of Law that took place in December 2009 at Bocconi University. It brings together a group of scholars who wrote their contributions to the workshop on a preliminary draft of Shapiros Legality. Then, after the workshop, they wrote their final essays on the published version of the book. The contributions clearly highlight the difference of the continental and civil law perspective from the common law background of Shapiro but at the same time the volume tries to bridge the gap between the two. The essays provide a critical reading of the planning theory of law, highlighting its merits on the one hand and objecting to some parts of it on the other hand. Each contribution discusses in detail a chapter of Shapiros book and together they cover the whole of Shapiros theory. So the book presents a balanced and insightful discussion of the arguments of Legality.
Beschreibung / Inhaltsverzeichnis:
The Planning Theory of Law; 100th Edition Announcement; Contents; Introduction; About the Authors; Chapter 1: Looking for the Nature of Law: On Shapiro's Challenge*; 1.1 Put the Sticker in the Right Place; 1.2 The Nature of Law Reconsidered; 1.3 From Conceptual Analysis to the Philosophy of Action; 1.4 Plans and Legal Obligation; 1.5 Constructivism; 1.6 What Semantics for Conceptual Analysis?; 1.7 Identity Question and Ontological Pluralism; References; Chapter 2: The Possibility Puzzle and Legal Positivism; 2.1 Shapiro's Challenge; 2.2 Shapiro's Possibility Puzzle
Beschreibung / Inhaltsverzeichnis:
2.3 Shapiro on Legal Positivism2.4 Solving the Puzzle: From a Legal Positivist Point of View; 2.5 Austin's Solution, Hart's Solution and Shapiro's Criticisms; 2.5.1 Austin's Theory; 2.5.2 Hart's Theory (Revisited); 2.6 Shapiro's Solution to the Puzzle; References; Chapter 3: What Is Wrong with Legal Realism?; 3.1 Realism Again; 3.2 Sanction Theories and the Bad Man; 3.3 What Is Wrong with the Bad Man?; 3.4 On Prediction Theory as a Theory of Legal Knowledge; 3.4.1 Hart's Critique; 3.4.2 Ross' Defense; 3.5 How Many Realisms?; References
Beschreibung / Inhaltsverzeichnis:
Chapter 4: Rule of Recognition, Convention and Obligation: What Shapiro Can Still Learn from Hart's Mistakes4.1 On Hart's Tracks; 4.2 Legal Positivism and Natural Law Theories; 4.3 The Practice Theory and the Normativity of Law; 4.4 The Practice Theory and Its Limits; 4.5 The Conventionalist Turn and Its Limits; 4.6 The Planning Theory and the Normativity of Law; References; Chapter 5: Legality: Between Purposes and Functions; 5.1 Introduction; 5.2 Hart's Legal Methodology and Its Background; 5.3 The Need for a New Theory of Law; 5.3.1 Intelligibility; 5.3.2 Puzzling Hart
Beschreibung / Inhaltsverzeichnis:
5.4 The Planning Theory of Law5.5 Purposes and Functions; 5.5.1 The Purpose of Law; 5.5.1.1 Are Purposes Necessary to Understand the Legal Practice?; 5.5.1.2 Purposes and Intentions; 5.5.2 The Functions of Law; 5.5.2.1 The Planning Theory of Law and External Explanations; 5.5.2.2 The Internal Point of View and the Practical Relevance of Jurisprudence; 5.6 Toward a Mixed Understanding of Legal Practices; References; Chapter 6: What Can Plans Do for Legal Theory?*; 6.1 Introduction; 6.2 Planning in the Third Person; 6.3 The Authority of Planners; 6.4 A Tentative Diagnosis
Beschreibung / Inhaltsverzeichnis:
6.5 Agency in the First Person Plural6.6 Further Complexities; 6.6.1 Planning in Institutional Contexts; 6.6.2 Acceptance; 6.6.3 Coercion; 6.6.4 Alternatives to a Pragmatic Rationale for Planning; 6.6.5 The Preemptive Force of Plans (A Few Inconclusive Remarks); 6.7 Conclusion; References; Chapter 7: Ruling Platitudes, Old Metaphysics, and a Few Misunderstandings About Legal Positivism; 7.1 A Tale of Betrayal and Misunderstanding; 7.2 Ruling Platitudes; 7.3 Misunderstanding Positivism I: Is Planning- Positivism Positivism?
Beschreibung / Inhaltsverzeichnis:
7.4 Misunderstanding Positivism II: Varnishing Exclusive Legal Positivism
Anmerkung:
Description based upon print version of record
DOI:
10.1007/978-94-007-4593-3
URL:
Volltext
(lizenzpflichtig)
Permalink
