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Legal Reductionism and Freedom

  • Book
  • © 2000

Overview

Authors:
  1. Martin Hees

    1. University of Groningen, The Netherlands

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Part of the book series: Law and Philosophy Library (LAPS, volume 47)

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Table of contents (9 chapters)

  1. Front Matter

    Pages i-vii
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  2. Introduction

    1. Introduction

      • Martin Van Hees
      Pages 1-5

  3. Legal Reductionism

    1. Front Matter

      Pages 7-7
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    2. Legal Positivism and the Normativity Thesis

      • Martin Van Hees
      Pages 9-25

    3. Legal Positivism and the Separability Thesis

      • Martin Van Hees
      Pages 27-43

    4. Reductionism and the Analysis of Institutions

      • Martin Van Hees
      Pages 45-60

    5. Legal Systems, Rights and the Legal-Political Game

      • Martin Van Hees
      Pages 61-83

  4. Legal Reductionism Applied: The Analysis of Legal Freedom

    1. Front Matter

      Pages 85-85
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    2. Legal Freedom: Concept and Contents

      • Martin Van Hees
      Pages 87-103

    3. Freedom of Choice

      • Martin Van Hees
      Pages 105-124

    4. Conditions of Legal Freedom

      • Martin Van Hees
      Pages 125-150

    5. The Value of Legal Freedom

      • Martin Van Hees
      Pages 151-175

  5. Back Matter

    Pages 177-192
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Keywords

About this book

Martin van Hees presents a new approach to the study of law - legal reductionism - which combines elements of legal positivism, new institutionalism and decision theory. From legal positivism Van Hees derives some fundamental insights into the nature of legal systems, but he also revises some of its key tenets. He argues that law can be reduced to facts; moreover, he re-establishes the relation between law and morality by arguing that law and positive morality are inherently related. He subsequently uses decision-theoretic tools to develop and defend his reductionist methodology.
The second part of the study applies the resulting approach to an analysis of legal freedom. By showing that legal reductionism allows us to analyse the value of liberal legal systems, Van Hees makes a forceful case for including the study of law in moral and political philosophy.
The book is accessible to a wide readership, including legal and moral philosophers, political theorists and social scientists.

Reviews

`All in all, however, Legal Reductionism and Freedom is an admirable piece of work: rigorous, clear, and stimulating. Its discussions of freedom are especially thought-provoking, and the book as a whole can be recommended to anyone interested in legal or political philosophy.'
The Cambridge Law Journal (2000)

Authors and Affiliations

  • University of Groningen, The Netherlands

    Martin Hees

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