Vienna Lectures on Legal Philosophy, Volume 3: Legal Reasoning

Administrative / Constitutional Law

Vienna Lectures on Legal Philosophy, Volume 3: Legal Reasoning

Edited by Christoph Bezemek · Michael Potacs · Alexander Somek
Hart Publishing October 2023

Specifications

ISBN-13
9781509969821
Publisher
Hart Publishing
Publication
October 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

The third volume of the Vienna Lectures on Legal Philosophy series focuses on one of the most fiercely contested issues in contemporary legal philosophy: the question of the importance of legal reasoning and how to properly engage with it.

This book considers issues with legal reasoning from two different angles: On the one hand, it revolves around the concerns at the heart of internal debates, such as interpretation and balancing; both of which are broadly understood to include questions that cover the wide spectrum of legal methodology. On the other hand, this volume asks not only what we do when we engage in legal reasoning, but also whom we entrust with decision-making based on legal reasoning, why we should do so and how this relates to the very concept of law.

The book approaches these underlying problems from a variety of perspectives and against the backdrop of different academic traditions, showcasing the rich landscape of critical debates around contemporary legal reasoning.

Table of Contents

Preface, Alexander Somek (University of Vienna, Austria)
1. Determining The Content Of (Austrian) Constitutional Principles, Andras Jakab (Paris Lodron University of Salzburg, Austria)
2. The Rule Of Algorithm And The Rule Of Law, John Tasioulas (University of Oxford, UK)
3. 'Written' Rules Of Constitutional Interpretation, Anna Gamper (University of Innsbruck, Austria)
4. How To Study Conceptions Of Personhood In Law: The Case Of European Privacy Law, Susanna Lindroos-Hovinheimo (University of Helsinki, Finland)
5. Interpretation In Law And Elsewhere: Meaning, Object, And Truth, Andrei Marmor (Cornell Law School, USA)
6. Finnis's Methodology: Reflections On Practical Reason And Human Action, Veronica Rodriguez-Blanco (University of Surrey, USA)
7. The Case Of The Little Bread Thief, Or: Free Legal Reasoning - A History, Katharina Isabel Schmidt (Yale Law School, USA)
8. Balancing As A Legal Method: What It Is And How (Not) To Do It, George Letsas (University College London, UK)
9. Justice In Legal Interpretation, Michael Potacs (University of Vienna, Austria)
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