Law and Philosophy Library

Legal Knowledge and Analogy

Fragments of Legal Epistemology, Hermeneutics and Linguistics

Editors: Nerhot, Patrick (Ed.)

Buy this book

eBook $69.99 net
( price for USA )
  • ISBN 978-94-011-3260-2
  • digitally watermarked, no DRM
  • included format: PDF
  • eBooks can be used on all Reading Devices
Softcover $99.00 net
( price for USA )
  • ISBN 978-94-010-5438-6
  • free shipping for individuals worldwide
  • usually dispatched within 3 to 5 business days
About this book

3 of law as an object that has always already been there, systematic and com­ plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this referent, the law presented as a full discourses, runs through all of the contributions, this is because reasoning by analogy has to be found its specific place within this legal culture. It is the place to locate the problem of "lacunae" in law, which at bottom allows our various contributions to be classified. With Zaccaria and Maris, the question of lacunae is accepted as such (this is, we might say, the "traditionalist" aspect of these two articles, which is counterbalanced by - keeping to the same terminology - "modernist" emphases, sometimes Dworkinian in nature), and becomes the backdrop for considerations of purely hermeneutic type, in Zaccaria, ex­ tended in Maris to the field of ethics. The papers from Lenoble and Jackson, the former philosophical and the latter semiological, take as their main tar­ get this legal knowledge where the theory of lacunae finds its place.

Table of contents (6 chapter)

  • The Analogy Between Logic and Dialogic of Law

    Karl-Heinz Ladeur

    Pages 12-41

    Buy Chapter $29.95
  • Analogy as Legal Reasoning

    Giuseppe Zaccaria

    Pages 42-70

    Buy Chapter $29.95
  • The Function of Analogy in Law: Return to Kant and Wittgenstein

    Jacques Lenoble

    Pages 107-144

    Buy Chapter $29.95
  • Legal Analogy Between Interpretive Arguments and Productive Arguments

    Vittorio Villa

    Pages 165-182

    Buy Chapter $29.95
  • Legal Knowledge and Meaning (The Example of Legal Analogy)

    Patrick Nerhot

    Pages 183-197

    Buy Chapter $29.95
Free Preview

Buy this book

eBook $69.99 net
( price for USA )
  • ISBN 978-94-011-3260-2
  • digitally watermarked, no DRM
  • included format: PDF
  • eBooks can be used on all Reading Devices
Softcover $99.00 net
( price for USA )
  • ISBN 978-94-010-5438-6
  • free shipping for individuals worldwide
  • usually dispatched within 3 to 5 business days

Recommended for you

Loading...

Bibliographic Information

Bibliographic Information
Book Title
Legal Knowledge and Analogy
Book Subtitle
Fragments of Legal Epistemology, Hermeneutics and Linguistics
Series Title
Law and Philosophy Library
Series Volume
13
Copyright
1991
Publisher
Springer Netherlands
Copyright Holder
Springer Science+Business Media Dordrecht
eBook ISBN
978-94-011-3260-2
DOI
10.1007/978-94-011-3260-2
Softcover ISBN
978-94-010-5438-6
Series ISSN
1572-4395
Edition Number
1
Topics