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Problems of Normativity, Rules and Rule Following

Problems of Normativity, Rules and Rule Following

Author: M. Araszkiewicz; P. Banas; T. Gizbert-Studnicki; K. Płeszka
Publisher: Springer-Verlag
ISBN: 9783319093741
Published In: November 2014
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book focuses on the problems of rules, rule-following and normativity as discussed within the areas of analytic philosophy, linguistics, logic and legal theory. Divided into four parts, the volume covers topics in general analytic philosophy, analytic legal theory, legal interpretation and argumentation, logic as well as AI&Law area of research. It discusses, inter alia, “Kripkenstein’s” sceptical argument against rule-following and normativity of meaning, the role of neuroscience in explaining the phenomenon of normativity, conventionalism in philosophy of law, normativity of rules of interpretation, some formal approaches towards rules and normativity as well as the problem of defeasibility of rules. The aim of the book is to provide an interdisciplinary approach to an inquiry into the questions concerning rules, rule-following and normativity.

Part I: Philosophical Problems of Normativity and Rule Following

1. Rules, Norms and Principles: A Conceptual Framework

Paul Boghossian

2. Separating Rules from Normativity

Jaap Hage

3. Communalism, Correction and Nihilist Solitary Rule-Following Arguments

William Knorpp

4. Knowing Way Too Much: a Case against Semantic Phenomenology

Krzysztof Poslajko

5. The Meaning of Normativity of Meaning

Leopold Hess

6. On the Kantian Background of "Kripkenstein" Rule-following Paradox

Przemyslaw Tacik

7. Rules as Patterns Between Normativism and Naturalism

Piotr Kozak

8. Normativity and Rationality: Framing the Problem

Joanna Klimczyk

9. Rules and Rights

Tomasz Pietrzykowski

Part II: Normativity of Law and Legal Norms

10. Rules and Normativity in Law

Brian Bix

11. Obligation: A Legal-Theoretical Perspective

Stefano Bertea

12. On Obligations, Norms and Rules

Dietmar von der Pfordten

13. Philosophy, Neuroscience and Law: The Conceptual and Empirical, Rule-following, Interpretation and Knowledge

Dennis Patterson, Michael S. Pardo

14. Gunman Situation, Vicious Circle and Pure Theory of Law

Monika Zalewska

15. Rules as Reason-Giving Facts: A Difference-Making-Based Account of the Normativity of Rules

Peng-Hsiang Wang and Linton Wang

16. Rules, Conventionalism and Normativity: Some Remarks Starting from Hart

Aldo Schiavello

17. Are Fundamental Legal Reasons Internal? A Few Remarks on the Internal Point of View

Adam Dyrda

Part III: Rules in Legal Interpretation and Argumentation

18. The Normativity of Rules of Interpretation

Tomasz Gizbert-Studnicki

19. Legal Interpretation as a Rule-guided Phenomenon

Pawel Banas

20. To Whom does the Law Speak? Canvassing a Neglected Picture of Law's Interpretive Field

Paolo Sandro

21. Interpretation and Understanding in Law. The Complexity of Easy Cases

Ralf Poscher

22. The Ordinary Meaning of Rules

Brian G. Slocum

23. Blindly Following the Rules: Revisiting the claritas Doctrine

Hanna Filipczyk

24. Why Legal Rules are not Speech Acts and what Follows from that

Marcin Matczak

25. The Validity of Moral Rules and Principles as a Legal Problem

Andrzej Grabowski

26. Implicatures within the Legal Context - a rule-based analysis of the possible content of conversational maxims in law

Izabela Skoczen

27. Why are Words not Enough? or a Few Remarks on Traffic Signs

Michal Dudek

IV. Rules in Legal Logic and AI&Law

28. In Defense of the Expressive Conception of Norms

Andrei Kristan

29. Rule-following and Logic

Jan Wolenski

30. Negating Rules

Giovanni Battista Ratti

31. Legal Rules: Defeasible or Indefeasible?

Michal Araszkiewicz

32. The Role of Argumentation Theory in the Logic of Judgments

Marcelo Ceci

33. Towards Multidimensional Rule Visualization

Vytautas Cyras, Friedrich Lachmayer.

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