Ferrer Beltrán, Jordi, Moreso, José Juan, Papayannis, Diego M. (Eds.)
2013, XII, 273 p.
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Provides the most up-to-date views on methodological and substantive issues from some of the most important legal philosophers in the Anglo-American and European scholarship
Offers a sophisticated, yet accessible discussion of Neutrality and Theory of Law
Constitutes a unique collection of selected papers from the Conference Neutrality and Theory of Law at the University of Girona
This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.
Content Level »Research
Keywords »Between Positivism and Non-Positivism? - Concepts in Legal Theory - Descriptive and Normative Methodology - Jurisprudence and Neutrality - Jurisprudential Methodology - Legal Positivism and Natural Law Theory - Nature of Law - Neutrality and Theory of Law - Neutrality of Charter Reasoning - Norms, Truth and Legal Statements - Robert Alexy - Between Positivism and non-Positivism - The Architecture of Jurisprudence - The Demarcation Problem in Jurisprudence - The Province of Jurisprudence Underdetermined - The Rule of Law - The Scientific Model of Jurisprudence