The Logic of Legal Requirements Essays on Defeasibility

by Ferrer Beltran, Jordi; Battista Ratti, Giovanni

• ISBN13: 9780191745461
• ISBN10: 0191745464
• Format: eBook
• Copyright: 2012-12-15
• Publisher: Oxford University Press

Author Biography

Jordi Ferrer Beltran, Associate Professor and Director of the Chair of Legal Culture, University of Girona,Giovanni Battista Ratti, Juan de la Cierva Fellow in Law, University of Girona

Jordi Ferrer Beltran is professor of Philosophy and Director of the Chair in Legal Culture at the University of Girona (Spain). He graduated in Law at the Autonomous University of Barcelona, and has a PhD in legal philosophy from the University 'Pompeu Fabra' (Barcelona).


Giovanni Battista Ratti is lecturer in Legal Philosophy in the University of Genoa (Italy). He graduated in law at the University of Genoa in 2002, and got a PhD in Legal Philosophy from the University of Milan (2006). He has been visiting professor in the Universities of Girona (Spain), 'Pompeu Fabra' of Barcelona (Spain), and Nacional de Mar del Plata (Argentina). He was awarded a Canadian Government Research Scholarship in 2004-2005, and a Spanish Government 'Juan de la Cierva' Fellowship in Law (2008-2011).

Table of Contents

Legal Defeasibility: An Introduction, Jordi Ferrer Beltran & Giovanni Battista Ratti
Part I: General Features of Defeasibility in Law and Logic
1. Defeasibility and Legality: A Survey, Jordi Ferrer Beltran & Giovanni Battista Ratti
2. On Law and Logic, Carlos E. Alchourron
3. Defeasibility, Contributory Conditionals, and Refinement of Legal Systems, Juliano S. A. Maranhao
4. Is Defeasibility an Essential Property of Law?, Frederick Schauer
5. Against Defeasibility of Legal Rules, Jorge L. Rodriguez
6. Defeasibility in Legal Reasoning, Giovanni Sartor
7. Defeasible Properties, Rafael Hernandez Marin
Part II: Defeasibility and Interpretation
8. Defeasibility and Legal Indeterminacy, Pierluigi Chiassoni
9. Defeasibility, Axiological Gaps, and Interpretation, Riccardo Guastini
10. Defeasibility and Open Texture, Brian H. Bix
11. Exceptions, Daniel Mendonca
12. Acts, Normative Formulations, and Defeasible Norms, Ricardo Caracciolo
Part III: Defeasibility and the Conceptions of Law
13. Legal Defeasibility and the Connection between Law and Morality, Jose Juan Moreso
14. Rules, Principles, and Defeasibility, Manuel Atienza and Juan Ruiz Manero
15. Defeasibility and Legal Positivism, W. J. Waluchow
16. True Exceptions: Defeasibility and Particularism, Bruno Celano
17. Principles, Conflicts, and Defeats: An Approach from a Coherentist Theory, Juan Manuel Perez Bermejo
18. Reasons for Action and Defeasibility, Maria Cristina Redondo
Part IV: Defeasibility and Adjudication
19. Legislation and Adjudication, Fernando Atria
20. Defeasibility and Adjudication, Richard H. S. Tur
21. Legal Defeasibility in Context and the Emergence of Substantial Indefeasibility, Jonathan Remy Nash
22. Defeasible Rules and Interpersonal Accountability, Bruce Chapman