الصفحة 1
الصفحة 1
Methods of Legal Reasoning
The book attempts to describe and criticize four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. Apart from a presentation of basic ideas connected with the above mentioned methods, the essays contained in this book seek to answer questions concerning the assumptions standing behind these methods, the limits of using them and their usefulness in the practice and theory of law. A specific feature of the book is that in one study four different, sometimes competing concepts of legal method are discussed. The panorama, sketched like this, allows one to reflect deeply on the questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method. The authors argue that there exists no such method.
Constitutionalism and Legal Reasoning
This book of legal philosophy contends that positive law is better understood if it is not too easily equated with power, force, or command.
Judges and Adjudication in Constitutional Democracies : A View from Legal Realism
Offers contributions to a philosophical and realistic approach to the place of adjudication in contemporary constitutional democracies. Bringing together scholars from different legal and philosophical backgrounds, purports to cast light on the role(s) of judges and the function of judicial interpretation inside of constitutional states, from the standpoint of legal realism as a revisited and sophisticated jurisprudential outlook. In so doing, also copes with a few major jurisprudential issues, like, e.g., determining the ideas that make up the core of legal realism, exploring the relation between legal realism and legal positivism, identifying the boundaries of judicial interpretation as they appear from a realist standpoint, as well as considering some skeptical outlooks on the very claims of contemporary legal realism.
