The Planning Theory of Law
A Critical Reading
Editors: Canale, Damiano, Tuzet, Giovanni (Eds.)
Free Preview- 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
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- About this book
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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.
- Table of contents (9 chapters)
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Looking for the Nature of Law: On Shapiro’s Challenge
Pages 1-26
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The Possibility Puzzle and Legal Positivism
Pages 27-46
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What Is Wrong with Legal Realism?
Pages 47-63
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Rule of Recognition, Convention and Obligation: What Shapiro Can Still Learn from Hart’s Mistakes
Pages 65-87
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Legality: Between Purposes and Functions
Pages 89-128
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Table of contents (9 chapters)
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Bibliographic Information
- Bibliographic Information
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- Book Title
- The Planning Theory of Law
- Book Subtitle
- A Critical Reading
- Editors
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- Damiano Canale
- Giovanni Tuzet
- Series Title
- Law and Philosophy Library
- Series Volume
- 100
- Copyright
- 2013
- Publisher
- Springer Netherlands
- Copyright Holder
- Springer Science+Business Media Dordrecht.
- eBook ISBN
- 978-94-007-4593-3
- DOI
- 10.1007/978-94-007-4593-3
- Hardcover ISBN
- 978-94-007-4592-6
- Softcover ISBN
- 978-94-017-8394-1
- Series ISSN
- 1572-4395
- Edition Number
- 1
- Number of Pages
- XVIII, 206
- Topics