On Law and Legal Reasoning.
This book is about legal theory and legal reasoning. In particular, it seeks to examine the relations that obtain between law and a theory of law and legal reasoning and a theory of legal reasoning. Two features of law and legal reasoning are treated as being of particular importance in this regard:...
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Full Text (via ProQuest) |
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| Main Author: | |
| Format: | eBook |
| Language: | English |
| Published: |
Oxford :
Hart,
2002.
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| Series: | European Academy of Legal Theory series.
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| Subjects: |
MARC
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| 100 | 1 | |a Atria, Fernando. | |
| 245 | 1 | 0 | |a On Law and Legal Reasoning. |
| 260 | |a Oxford : |b Hart, |c 2002. | ||
| 300 | |a 1 online resource (252 pages) | ||
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| 490 | 1 | |a European Academy of Legal Theory Series. | |
| 505 | 0 | |a Prelims; Editors; Title; Copyright; Dedication; Acknowledgements; Contents; 1 Constitutive Rules, Institutions andthe Weightier Matters of the Law; TWO CONCEPTS OF RULES; THE GAME-ANALOGY; INSULATION; A GENERAL THEORY OF INSTITUTIONAL FACTS; THE GAME OF LAW; LAW AS INSTITUTIONAL FACT; TWO MODELS OF INSTITUTION; THE WEIGHTIER MATTERS OF THE LAW; A SHORT PREVIEW; 2 Gapless Sources; LEGAL INDETERMINACY; HARD AND CLEAR CASES; ON GAPS IN THE LAW; 3 Meaning and Application; PLAYING ON RAILWAY STATIONS; HART ON OPEN TEXTURE; PRINCIPLES, RULES AND EXCLUSIONARY REASONS; 4 Fuller v. Fuller. | |
| 505 | 8 | |a IS DEFEASIBILITY A NON-LEGAL, MORAL PROBLEM?""MY CODE IS LOST""; CONCLUSION; 5 Nothing at all or Nothing Exceptional; EXCEPTIONS AND RULES; THE CIRCUMSTANCES OF DEFEASIBILITY; NORMALITY AND DEFEASIBILITY; HART ON DEFEASIBILITY; 6 A Roman Puzzle; ROMAN COMMON SENSE; LOCATIO CONDUCT1O AND THE PROTECTION OF THE LESSEE; PERMUTATIO AND EMPTIO VENDITIO; REGULA IURIS; 7 Legal Reasoning and Legal Theory Revisited; DEDUCTIVE REASONING AND LEGAL ARGUMENTATION; RULES AS ENTRENCHED GENERALISATIONS; LEGAL REASONING, RULES AND SOURCES; 8 The Powers of Application; THE FORMALITY OF LAW; AN IMAGE OF LAW. | |
| 505 | 8 | |a IMAGES OF LAWReferences; Index. | |
| 520 | |a This book is about legal theory and legal reasoning. In particular, it seeks to examine the relations that obtain between law and a theory of law and legal reasoning and a theory of legal reasoning. Two features of law and legal reasoning are treated as being of particular importance in this regard: law is institutional, and legal reasoning is formal. These two features are so closely connected that it is reasonable to believe that in fact they are simply two ways of looking at the same issue. This becomes clearer as the focus of the book shifts from the institutional nature of law to the conse. | ||
| 588 | 0 | |a Print version record. | |
| 650 | 0 | |a Law |x Philosophy. | |
| 650 | 0 | |a Law |x Methodology. | |
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| 650 | 7 | |a Law |x Philosophy. |2 fast |0 (OCoLC)fst00993788. | |
| 776 | 0 | 8 | |i Print version: |a Atria, Fernando. |t On Law and Legal Reasoning. |d Oxford : Hart, ©2002 |z 9781841132754. |
| 830 | 0 | |a European Academy of Legal Theory series. | |
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