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Law | The Planning Theory of Law - A Critical Reading

The Planning Theory of Law

A Critical Reading

Series: Law and Philosophy Library, Vol. 100

Canale, Damiano, Tuzet, Giovanni (Eds.)

2013, XVIII, 206 p.

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  • 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

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.

Content Level » Research

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?

Related subjects » Law - Value Theory

Table of contents 

100th edition announcement.- Authors Biographies.- Introduction; Damiano Canale & Giovanni Tuzet.- 1. Looking for the Nature of Law: On Shapiro’s Challenge; Damiano Canale.- 2. The Possibility Puzzle and Legal Positivism; Francesca Poggi.- 3. What is Wrong with Legal Realism?; Giovanni Tuzet.- 4. Rule of Recognition, Convention and Obligation. What Shapiro Can Still Learn from Hart’s Mistakes; Aldo Schiavello.- 5. Legality: Between Purposes and Functions; Diego Papayannis.- 6. What Can Plans Do for Legal Theory?; Bruno Celano.- 7. Ruling Platitudes, Old Metaphysics, and a Few Misunderstandings about Legal Positivism.; Pierluigi Chiassoni.- 8. Theoretical Disagreements. A Restatement of Legal Positivism; Jordi Ferrer and Giovanni Battista Ratti.- 9. ‘What’s the Plan?’ On Interpretation and Meta-interpretation in Scott Shapiro’s Legality; Giorgio Pino.

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