The Logic of Legal Requirements: Essays on Defeasibility by Jordi Ferrer BeltranThe Logic of Legal Requirements: Essays on Defeasibility by Jordi Ferrer Beltran

The Logic of Legal Requirements: Essays on Defeasibility

EditorJordi Ferrer Beltran, Giovanni Battista Ratti

Hardcover | October 25, 2012

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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 asmoral 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 inrecent 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'sapplication 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 toone 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.
Jordi Ferrer Beltran 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 U...
Title:The Logic of Legal Requirements: Essays on DefeasibilityFormat:HardcoverDimensions:440 pages, 9.21 × 6.14 × 1.24 inPublished:October 25, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199661642

ISBN - 13:9780199661640

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Table of Contents

Jordi Ferrer Beltran and Giovanni Battista Ratti: Legal Defeasibility: An IntroductionPart I: General Features of Defeasibility in Law and Logic1. Jordi Ferrer Beltran and Giovanni Battista Ratti: Defeasibility and Legality: A Survey2. Carlos E. Alchourron: On Law and Logic3. Juliano S. A. Maranhao: Defeasibility, Contributory Conditionals, and Refinement of Legal Systems4. Frederick Schauer: Is Defeasibility an Essential Property of Law?5. Jorge L. Rodriguez: Against Defeasibility of Legal Rules6. Giovanni Sartor: Defeasibility in Legal Reasoning7. Rafael Hernandez Marin: Defeasible PropertiesPart II: Defeasibility and Interpretation8. Pierluigi Chiassoni: Defeasibility and Legal Indeterminacy9. Riccardo Guastini: Defeasibility, Axiological Gaps, and Interpretation10. Brian H. Bix: Defeasibility and Open Texture11. Daniel Mendonca: Exceptions12. Ricardo Caracciolo: Acts, Normative Formulations, and Defeasible NormsPart III: Defeasibility and the Conceptions of Law13. Jose Juan Moreso: Legal Defeasibility and the Connection between Law and Morality14. Manuel Atienza and Juan Ruiz Manero: Rules, Principles, and Defeasibility15. W. J. Waluchow: Defeasibility and Legal Positivism16. Bruno Celano: True Exceptions: Defeasibility and Particularism17. Juan Manuel Perez Bermejo: Principles, Conflicts, and Defeats: An Approach from a Coherentist Theory18. Maria Cristina Redondo: Reasons for Action and DefeasibilityPart IV: Defeasibility and Adjudication19. Fernando Atria: Legislation and Adjudication20. Richard H. S. Tur: Defeasibility and Adjudication21. Jonathan Remy Nash: Legal Defeasibility in Context and the Emergence of Substantial Indefeasibility22. Bruce Chapman: Defeasible Rules and Interpersonal Accountability