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The Logic of Legal Requirements Essays on Defeasibility

Edited by Jordi Ferrer Beltrán · Giovanni Battista Ratti
Oxford University Press September 2012

Specifications

ISBN-13
9780199661640
Publisher
Oxford University Press
Publication
September 2012
Format
Hardback , 440 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

  • The first comprehensive collection on a central topic in legal philosophy - how to understand the logical structure of legal norms
  • Collects original contributions from leading legal philosophers in both the Anglo-American and civil law traditions
  • Presents an original, sophisticated perspective on traditional concerns in legal philosophy, such as the relationship between law and morality, and the role of interpretation in creating legal rules

When a legal rule requires us to drive on the right, notarize our wills, or refrain from selling bootleg liquor, how are we to describe and understand that requirement? In particular, how does the logical form of such a requirement relate to the logical form of other requirements, such as moral requirements, or the requirements of logic itself? When a general legal rule is applied or distinguished in a particular case, how can we describe that process in logical form? Such questions have come to preoccupy modern legal philosophy as its methodology, drawing on the philosophy of logic, becomes ever more sophisticated.

This collection gathers together some of the most prominent legal philosophers in the Anglo-American and civil law traditions to analyse the logical structure of legal norms. They focus on the issue of defeasibility, which has become a central concern for both logicians and legal philosophers in recent years.

The book is divided into four parts. The first section is devoted to unravelling the basic concepts related to legal defeasibility and the logical structure of legal norms, focusing on the idea that law, or its components, are liable to implicit exceptions, which cannot be specified before the law's application to particular cases. Part two aims to disentangle the main relations between the issue of legal defeasibility and the issue of legal interpretation, exploring the topic of defeasibility as a product of certain argumentative techniques in the law. Section 3 of the volume is dedicated to one of the most problematic issues in the history of jurisprudence: the connections between law and morality. Finally, section 4 of the volume is devoted to analysing the relationships between defeasibility and legal adjudication.

Readership: Academics and advanced students in philosophy of law.

Table of Contents

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

About the Author

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

Jordi Ferrer Beltrán 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).

 

Contributors: 
Carlos E. Alchourrón was Professor of Law and Logic at the University of Buenos Aires (Argentina)
Manuel Atienza, Professor of Law at the University of Alicante (Spain)
Fernando Atria, Professor of Law at the University of Chile and the University Adolfo Ibáñez (Chile)
Brian Bix, Professor of Law at the University of Minnesota Law School (USA)
Ricardo Caracciolo, Professor of Law at the National University of Córdoba (Argentina)
Bruno Celano, Professor of Law at the University of Palermo (Italy)
Bruce Chapman, Professor of Law at the University of Toronto (Canada)
Pierluigi Chiassoni, Professor of Law at the University of Genova (Italy)
Jordi Ferrer Beltrán, Professor of Law at the University of Girona (Spain)
Riccardo Guastini, Professor of Law at the University of Genova (Italy)
Juan Ruiz Manero, Professor of Law at the University of Alicante (Spain)
Juliano S.A. Maranhão, Lecturer in Law at the University of São Paulo (Brazil)
Rafael Hernández Marín, Professor of Law at the University of Murcia (Spain)
Daniel Mendonca, Professor of Law at the University Nuestra Señora de la Asunción (Paraguay)
José Juan Moreso, Professor of Law at the 'Pompeu Fabra' University, Barcelona (Spain)
Jonathan Nash, Professor of Law at the Emory University (USA)
Juan Manuel Pérez Bermejo, Professor of Law at the University of Salamanca (Spain)
Giovanni B. Ratti, Lecturer in Law at the University of Genova (Italy)
Cristina Redondo, Professor of Law at the University of Genova (Italy)
Jorge L. Rodríguez, Professor of Law at the National University of Mar del Plata (Argentina)
Giovanni Sartor, Professor of Law at the University of Bologna and the European University Institute (Italy)
Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia (USA)
Richard Tur, Benn Law Fellow, Oriel College, University of Oxford (United Kingdom)
Wilfrid Waluchow, Senator William McMaster Chair in Constitutional Studies at McMaster University (Canada)

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