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Home > Law > Jurisprudence and general issues > Methods, theory and philosophy of law > The Logic of Legal Requirements: Essays on Defeasibility
The Logic of Legal Requirements: Essays on Defeasibility

The Logic of Legal Requirements: Essays on Defeasibility


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About the Book

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.

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 :
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).

Review :
The book The Logic of Legal Requirements is an impressive and engaging collection of high quality essays on legal defeasibility. It features twenty-two contributions resulting in a comprehensive, well structured as well as very challenging investigation of the subject.


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Product Details
  • ISBN-13: 9780199661640
  • Publisher: Oxford University Press
  • Publisher Imprint: Oxford University Press
  • Height: 240 mm
  • No of Pages: 434
  • Sub Title: Essays on Defeasibility
  • Width: 161 mm
  • ISBN-10: 0199661642
  • Publisher Date: 13 Sep 2012
  • Binding: Hardback
  • Language: English
  • Spine Width: 32 mm
  • Weight: 834 gr


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