Editors:
- Provides the first critical approach to one of the most interesting and challenging projects in contemporary jurisprudence - Scott Shapiro's Legality
- Academics from Europe and American clearly highlight the difference in perspectives and traditions in the continental and civil law perspective and the common law background of Shapiro
- Highlights the merits and shortcomings of the planning theory of law
Part of the book series: Law and Philosophy Library (LAPS, volume 100)
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Table of contents (9 chapters)
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Front Matter
About this book
This collection of essays is the outcome of a workshop with Scott Shapiro on The Planning Theory of Law that took place in December 2009 at Bocconi University. It brings together a group of scholars who wrote their contributions to the workshop on a preliminary draft of Shapiro’s Legality. Then, after the workshop, they wrote their final essays on the published version of the book. The contributions clearly highlight the difference of the continental and civil law perspective from the common law background of Shapiro but at the same time the volume tries to bridge the gap between the two. The essays provide a critical reading of the planning theory of law, highlighting its merits on the one hand and objecting to some parts of it on the other hand. Each contribution discusses in detail a chapter of Shapiro’s book and together they cover the whole of Shapiro’s theory. So the book presents a balanced and insightful discussion of the arguments of Legality.
Keywords
- Continental and Civil Law Disagreements
- Interpretation and Meta-interpretation
- Judicial Decision Making
- Legality: Between Purposes and Functions
- Misunderstandings about Legal Positivism
- Paradox and Legal Positivism
- Planning Theory of Law
- Recognition, Convention and Obligation
- Restatement of Legal Positivism
- Scott Shapiro's Legality
- The Nature of Law
- What is Wrong with Legal Realism?
Editors and Affiliations
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, Department of Legal Studies Angelo Sraff, Bocconi University, Milan, Italy
Damiano Canale, Giovanni Tuzet
Bibliographic Information
Book Title: The Planning Theory of Law
Book Subtitle: A Critical Reading
Editors: Damiano Canale, Giovanni Tuzet
Series Title: Law and Philosophy Library
DOI: https://doi.org/10.1007/978-94-007-4593-3
Publisher: Springer Dordrecht
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer Science+Business Media Dordrecht. 2013
Hardcover ISBN: 978-94-007-4592-6Published: 12 September 2012
Softcover ISBN: 978-94-017-8394-1Published: 15 October 2014
eBook ISBN: 978-94-007-4593-3Published: 14 September 2012
Series ISSN: 1572-4395
Series E-ISSN: 2215-0315
Edition Number: 1
Number of Pages: XVIII, 206
Topics: Theories of Law, Philosophy of Law, Legal History, Philosophy of Law