By Aleksander Peczenik
This can be an summary of a coherence conception of legislation. Its easy rules are: moderate help and weighing of purposes. the entire relaxation is observation. those phrases before everything of the preface of this e-book completely point out what On legislations and cause is set. it's a concept in regards to the nature of the legislations which emphasises the position of cause within the legislation and which refuses to restrict the position of cause to the appliance of deductive common sense. In 1989, whilst the 1st variation of On legislations and cause seemed, this e-book was once flooring breaking for numerous purposes. It supplied a rationalistic idea of the legislations within the language of analytic philosophy and in keeping with a radical realizing of the consequences, together with technical ones, of analytic philosophy. That was once no longer an seen blend on the time of the booklet s first visual appeal and nonetheless isn't really. the result's an analytical rigor that's often linked to positivist theories of the legislation, mixed with a philosophical place that's not normal legislation in a strict feel, yet which stocks with it the emphasis at the function of cause in picking out what the legislations is. If just for this infrequent blend, On legislation and cause nonetheless merits cautious learn. On legislations and cause additionally foreshadowed and prompted a improvement within the box of felony good judgment that will happen within the nineties of the twentieth century, specifically the advance of non-monotonic ( defeasible ) logics for the research of felony reasoning. within the new advent to this moment version, this element is explored in a few extra element.
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Additional info for On Law and Reason (Law and Philosophy Library, 8)
It constitutes a “metadiscipline”, similar to theory of science (cf. ). It is not a part of legal dogmatics but a theory about legal dogmatics and legal decision-making. It thus does not interpret legal A. V. 2008 13 14 1 The Dilemma of Legal Reasoning norms but includes a theory of their legal interpretation. Consequently, it has a specific method, closely related to philosophy. This part of jurisprudence contains the following. 1. A description of the legal method. g. statutory analogy, and argumentum e contrario; - various legal methods, such as literal, teleological and historical interpretation etc.
The similarities are, however, far deeper than the differences. The central part of jurisprudence, on the other hand, has another object of research and another method. It constitutes a “metadiscipline”, similar to theory of science (cf. ). It is not a part of legal dogmatics but a theory about legal dogmatics and legal decision-making. It thus does not interpret legal A. V. 2008 13 14 1 The Dilemma of Legal Reasoning norms but includes a theory of their legal interpretation. Consequently, it has a specific method, closely related to philosophy.
Mentions also security. , Ch. 1 Sec. 1 par. 2 of Regeringsformen). On the other hand, it does not imply either the citizens’ equal ability to participate in politics or their economic equality. c. The third way to justify the majority rule is, what follows. Political views compete with each other and it might be practically impossible to prove which is the right one. A majority decision is then a good means to achieve a peaceful solution. (According to Kelsen 1929, 101, democracy thus is a consequence of value relativism, though an objectivist can also be a democrat).