Essays in legal theory /
The essays in this book treat important aspects of most of the major themes in contemporary philosophy of law and legal theory. Many of the essays are relatively original. All reveal the distinctive authenticity of the author's work, for he is not only a reputable legal theorist but an internat...
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| Format: | eBook |
| Language: | English |
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Dordrecht ; Boston :
Kluwer Academic Publishers,
[2000]
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| Series: | Law and philosophy library ;
volume 46. |
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| Online Access: | Connect to the full text of this electronic book |
Table of Contents:
- Preface. Introduction
- Part One: General Theory of Law. 1. The Concept of Law. 2. Influence on American Legal Theory. 3. Law as a Type of `Machine' Technology. 4. On Identifying and Reconstructing A General Legal Theory. 5. My Philosophy of Law
- Part Two: Form in Law. 6. The Formal Character of Law. 7. A Formal Theory of the Rule of Law. 8. The Formal Character of Law - Statutory Rules
- Part Three: Legal Reasoning. 9. Interpreting Statutes and Precedents - Two Comparative Studies. 10. The Argument from Ordinary Meaning in Statutory Interpretation. 11. Interpreting Statues - Should Courts Consider Materials of Legislative History? 12. Formal Legal Truth and Substantive Truth in Judicial Fact-Finding
- Part Four: Contract Theory. 13. The Conceptualization of Good Faith in American Contract Law. 14. Substantive Justification in Contract Cases - the Primacy of Rightness Reasons
- Part Five: Critique of Economic Analysis of Law. 15. Economics and the Autonomy of Law, Legal Analysis and Legal Theory. 16. Economists' Reasons for Common Law Decisions
- Name Index
- Subject Index.