Law, Truth, and Reason: A Treatise on Legal Argumentation (Law and Philosophy Library, 97)

This book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wróblewski ́s three ideologies (bound/free/legal and rational) and Makkonen ́s three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth serving as a reference, the frames of legal analysis include the isomorphic theory of law (Wittgenstein, Makkonen), the coherence theory of law (Alexy, Peczenik, Dworkin), the new rhetoric and legal argumentation theory (Perelman, Aarnio), social consequentialism (Posner), natural law theory (Fuller, Finnis), and the sequential model of legal reasoning by Neil MacCormick and the Bielefelder Kreis. At the end, some key issues of legal metaphysics are addressed, like the notion of legal systematics and the future potential of the analytical approach in jurisprudence. Front Matter....Pages i-xv Introduction....Pages 1-27 An Isomorphic Theory of Law: A Relation of Structural Similarity Between the Two Fact-Constellations Compared....Pages 29-51 Coherence Theory of Law: Shared Congruence Among Arguments Drawn from the Institutional and Societal Sources of Law....Pages 53-78 “Between the Evident and the Irrational”: The New Rhetoric and Legal Argumentation Theory....Pages 79-95 Philosophical Pragmatism: Law, Judged in Light of Its Social Effects....Pages 97-112 Analytical Legal Positivism: Retracing the Original Intentions of the Legislator Under Legal Exegesis....Pages 113-143 Legal Realism: The Law in Action, Not the Law in Books, As the Subject Matter of Legal Analysis....Pages 145-163 Legal Conventionalism: Law as an Expression of Collective Intentionality....Pages 165-186 “ Die Rechtssätze in ihrem systematischen Zusammenhang zu erkennen ” – The Thrust of Legal Formalism....Pages 187-200 Natural Law Philosophy: Law as Subordinate to Social Justice and Political Morality in Society....Pages 201-224 Radical Decisionism: Social Justice on a Strictly Contextualist Basis....Pages 225-237 Intermission....Pages 239-254 Law and Metaphysics....Pages 255-270 Back Matter....Pages 271-290 This book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wróblewskís three ideologies (bound/free/legal and rational) and Makkoneńs three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth serving as a reference, the frames of legal analysis include the isomorphic theory of law (Wittgenstein, Makkonen), the coherence theory of law (Alexy, Peczenik, Dworkin), the new rhetoric and legal argumentation theory (Perelman, Aarnio), social consequentialism (Posner), natural law theory (Fuller, Finnis), and the sequential model of legal reasoning by Neil MacCormick and the Bielefelder Kreis. At the end, some key issues of legal metaphysics are addressed, like the notion of legal systematics and the future potential of the analytical approach in jurisprudence Grounded in linguistic philosophy and Carnapian semantics, this book's innovative contribution to analytical jurisprudence also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Raimo Siltala. Includes Bibliographical References (p. 271-282) And Indexes.