A Treatise of Legal Philosophy and General Jurisprudence: Volume 1: The Law and The Right / Edition 1

A Treatise of Legal Philosophy and General Jurisprudence: Volume 1: The Law and The Right / Edition 1

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by Springer Netherlands
     
 

The first-ever multivolume treatment of issues in legal philosophy and general jurisprudence, this book 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.See more details below

Overview

The first-ever multivolume treatment of issues in legal philosophy and general jurisprudence, this book 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.

Product Details

ISBN-13:
9781402064708
Publisher:
Springer Netherlands
Publication date:
07/24/2007
Edition description:
2012
Pages:
458
Product dimensions:
1.00(w) x 6.14(h) x 9.21(d)

Meet the Author

ENRICO PATTARO

University of Bologna, Italy Born in Rome on April 8, 1941.
Graduated summa cum laude in law from the University of Bologna, 1964, with a dissertation on Hans Kelsen and Alf Ross. Libero docente (Habilitationsschrift) in the philosophy of law, 1971. Was awarded a position as full professor in legal philosophy through a national 1975 competition for a professorship in Italy. Tenured professor in legal philosophy at the Bologna University School of Law. Served as dean of the Bologna University School of Law from 1977 to 1979, and then as member of the Bologna University Board of Directors from 1980 to 1989. Main research fields: Legal philosophy, general jurisprudence, the history of legal ideas, and computer science and law. Author of over two hundred publications. Main speaker at national and international conferences. Invited speaker at universities in Western and Eastern Europe, Latin America, and the United States.

Table of Contents

A 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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