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9780792357322

Selected Papers in Legal Philosophy

by ;
  • ISBN13:

    9780792357322

  • ISBN10:

    0792357329

  • Format: Hardcover
  • Copyright: 1999-07-01
  • Publisher: Kluwer Academic Pub
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Summary

Philosophical aspects of law and jurisprudence are investigated from various points of view. This collection represents the analytic approach to legal philosophy. However, this approach is not extreme in the sense that it is limited exclusively to linguistic matters. The concept of norm as a directive of conduct is the central category analyzed in particular essays. The structure of directives as well as their semantic and pragmatic roles are studied. Pragmatic functions of directives are linked with their functioning as speech acts. Moreover, existence and validity of norms are analyzed. The author also touches on general methodological problems of legal theory and philosophy, particularly their relations to social sciences. The collection covers material interesting for philosophers, lawyers and social scientists.

Table of Contents

Editor's Introductionp. 1
General Problems of Legal Philosophy
The "General Science of Law": Main Approaches and Their Historyp. 15
The Peculiarities of the Study of Law and the Question of Integrationp. 31
The Complexity of Law and of the Methods of Its Studyp. 49
State and Law: an Attempt at Integration of the Juristic with the Sociological Approachp. 63
The Problem of the Validity of Lawp. 77
The Rule of Law and Natural Lawp. 91
Internal and External Integration of the Study of Lawp. 99
Law and Politics in Time and Spacep. 121
Present Status of Legal Philosophyp. 137
The Concept of "Positive Law"p. 153
Philosophy of Law and Social Philosophyp. 169
Problems of Norms and Legal Language
Some Problems of the Theory of Normsp. 181
The Problem of "Directive Meaning"p. 201
The Problem of the Existence of the Normp. 217
On the Logical-Semantic Structure of Directivesp. 233
Norm and Conduct, the Problem of the "Fulfilment" of the Normp. 255
Directives, Optatives, and Value Statementsp. 263
Directive Discoursep. 295
"Doing things with Words" and the Lawp. 311
Directives, Norms, and Performativesp. 323
Table of Contents provided by Blackwell. All Rights Reserved.

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