A Treatise of Legal Philosophy and General Jurisprudence: Volume 1: The Law and The Right / Edition 1by Springer Netherlands
Pub. Date: 07/24/2007
Publisher: Springer Netherlands
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Volume 1: The Law and the Right, a Reappraisal of the Reality that Ought to beby Enrico Pattaro This work brings out and recovers the normative dimension of law, called "the reality that ought to be", placing within this reality the idea of what is right. Part I reconstructs the current as well as the traditional civil-law conception of the reality/b>
Volume 1: The Law and the Right, a Reappraisal of the Reality that Ought to beby Enrico Pattaro This work brings out and recovers the normative dimension of law, called "the reality that ought to be", placing within this reality the idea of what is right. Part I reconstructs the current as well as the traditional civil-law conception of the reality that ought to be and raises some critical theoretical issues. Part II introduces some basic concepts on language and behaviour and presents a conception of norms as beliefs. Part III aims to find explanations for the idea of a reality that ought to be. Part IV consists of inquiries focussed on Homeric epic, the natural-law school, and the normativistic view of positive law. A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. Thework is divided The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 willbe published in 2011 and volume 12 forthcoming in 2012), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index.
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Table of ContentsA Note on the Author and the Contributors.- Editor’s Preface.- Assistant Editor’s Preface.- Part One - The Reality That Ought to Be: Problems and Critical Issues.- Chapter 1 - A First Glance.- Chapter 2 - Dualism and Interaction between the Reality That Ought to Be and the Reality That Is: Validity as a Pineal Gland.- Chapter 3 - Taking a Dive into the Sources of Law.- Chapter 4 - The Problem of the Matrix.- Part Two - The Reality That Ought to Be: A Monistic Perspective. Norms as Beliefs and as Motives of Behaviour.- Chapter 5 - The Motives of Human Behaviour.- Chapter 6 - Norms as Beliefs.- Chapter 7 - How Norms Proliferate in Human Brains.- Part Three - Family Portraits. Law as Interference in the Motives of Behaviour.- Chapter 8 - No Law without Norms.- Chapter 9 - But Norms Are Not Enough. The Interaction between Language and Motives of Behaviour.- Chapter 10 - The Law in Force: An Ambiguous Intertwining.- Chapter 11 - The Reality That Ought to Be as Fate.- Chapter 12 - What Is Right in Homeric Epic.- Chapter 13 - What Is Right, What Is Just, Ratio as Type: Sanctus Thoma Docet.- Chapter 14 - The Law and What Is Right. Hans Kelsen under Suspicion.- Chapter 15 - Nature and Culture.- Appendix - Elements for a Formalisation of the Theory of Norms Developed in This Volume (by Alberto Artosi, Antonino Rotolo, Giovanni Sartor, and Silvia Vida).- Bibliography (Compiled by Antonino Rotolo).- Index of Subjects.- Index of Names.
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