On law and legal reasoning
著者
書誌事項
On law and legal reasoning
（European Academy of legal theory series）
Hart, 2001
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注記
Bibliography: p. [223]-229
Includes index
内容説明・目次
内容説明
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.
目次
- Part 1 Constitutive rules, institutions and the weightier matters of the law: two concepts of rules
- the game-analogy
- insulation
- a general theory of institutional facts
- the game of law
- law as institutional fact
- two models of institution
- the weightier matters of the law
- a short preview. Part 2 Gapless sources: the sources thesis and the problem of authority
- legal indeterminacy
- hard and clear cases
- on gaps in the law. Part 3 Meaning and application: playing in railway stations
- Hart on open texture
- principles, rules and exclusionary reasons. Part 4 "Fuller vs Fuller": is defeasibility a non-legal, moral problem?
- "my code is lost"
- conclusion. Part 5 Nothing at all or nothing exceptional: exceptions and rules
- the circumstances of defeasibility
- normality and defeasibility
- Hart on defeasibility. Part 6 A Roman puzzle: Roman common sense
- "locatio conductio" and the protection of the lessee
- "permutatio" and "emptio vendito"
- "regula iuris". Part 7 Legal reasoning and legal theory revisited: deductive reasoning and legal argumentation
- rules as entrenched generalizations
- legal reasoning, rules and sources. Part 8 The powers of application: the formality of law
- an image of law
- images of law.
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