This book presents papers read at the Conference on Legal Theory and Philosophy of Science, held at Lund, December 11-14,1983. The main idea of the conference was to arti culate, to test, and to apply scientific rationality with regard to the domain of law and legal reasoning. Although. very different views were presented, the general impres sion is that this idea may have some future, as it yielded many surprising and stimulating discussions in Lund. The editors express their gratitude to Torsten S5der bergs och Ragnar S5derbergs Stiftelser, Marianne och Marcus Wallenbergs Stiftelse, Craffoordska Stiftelsen, Swensonska Fonden, Einar Hansens Forskningsfond, Svenska Institutet and Lunds Universitet for subsidizing the con ference. We also express gratitude to Lund University for help of various kinds, including free rooms, assistance with copying materials, and thousands of other necessary things. We thank all people whose work made the conference possible, first of all Mr.Roland Sch5tt who during a long period acted as the secretary of the Organizing Committee, [...] Mattsson and [...] Peczenik who helped with so many things necessary for the meetings, and many students and members of the staff of Lund University Law School.
This book presents papers read at the Conference on Legal Theory and Philosophy of Science, held at Lund, December 11-14,1983. The main idea of the conference was to arti culate, to test, and to apply scientific rationality with regard to the domain of law and legal reasoning. Although. very different views were presented, the general impres sion is that this idea may have some future, as it yielded many surprising and stimulating discussions in Lund. The editors express their gratitude to Torsten S5der bergs och Ragnar S5derbergs Stiftelser, Marianne och Marcus Wallenbergs Stiftelse, Craffoordska Stiftelsen, Swensonska Fonden, Einar Hansens Forskningsfond, Svenska Institutet and Lunds Universitet for subsidizing the con ference. We also express gratitude to Lund University for help of various kinds, including free rooms, assistance with copying materials, and thousands of other necessary things. We thank all people whose work made the conference possible, first of all Mr.Roland Sch5tt who during a long period acted as the secretary of the Organizing Committee, [...] Mattsson and [...] Peczenik who helped with so many things necessary for the meetings, and many students and members of the staff of Lund University Law School.
Inhaltsverzeichnis
1: Theory of Science and Theory of Law.- Synopsis.- Recent Trends in the Philosophy of Science.- Legal Dogmatics as a Scientific Paradigm.- Paradigms in Legal Dogmatics Towards a Theory of Change and Progress in Legal Science.- Pragmatic Metatheory for Legal Science.- On Making Implicit Methodologies Explicit.- 2: Ontology and Epistomology in Legal Science.- Synopsis.- Ought, Reasons, Motivation, and the Unity of the Social Sciences: The Meta-theory of the Ought-Is Problem.- Legal Data. An Essay about the Ontology of Law.- Pluralis Juris.- Changes of Paradigm in the Law.- Legal Norms: a Transformational Approach.- Epistemology and Validity in Law.- Is Law a System of Enactments?.- The Concept of "Fact" in the Physical Sciences and in Law.- 3: Objectivity and Rationality of Legal Justification.- Synopsis.- Objectivity in the Social Sciences.- Objectivity and Rationality in Lawyer's Reasoning.- Coherence in Legal Justification.- Paradigms of Justifying Legal Decisions.- Monism, Pluralism, Relativism and Right Answers in the Law.- Discovery and Justification in Science and Law.- Reasons and Causes in Connection with Judicial Decisions.- 4: Technical Rationality in the Law.- Synopsis.- Legal Rationality Among Different Types of Rationality.- Paradigms of Legal Research; Empirical Science and Legal Dogmatics.- Goal Reasons in Common Law Cases - Are They Predictive?.- Teleological Construction of Statutes.- Reason, Law and History.- The Rule of Law in Legal Reasoning.- 5: Some Special Topics Concerning Rationality and Legitimacy in the Law.- Synopsis.- An Ubiquitous Paralogism in Legal Thinking.- Power of Tolerance - On the Legitimacy of a Legal System.- Sir Edward Coke's Legal Conservatism.- Popper's Criterion of Refutability in the Legal Context.- 6: Criticismand Developments in Particular Areas of the Law: Property, Contracts, and Torts.- Synopsis.- Theory Choice and Contract Law.- Trends in Legal Science Relating to Contracts and Torts.- The Economics of Trade Laws.- 7: Interdisciplinary Bridges between Legal Research and Other Sciences.- Synopsis.- On Bridging the So-Called Gap Between Normative Legal Dogmatics and Empirical-Theoretical Social Science.- Towards an Interdisciplinary Theory of Law.- Legal Science and Hermeneutic Point of View.- Legal Theory and Social Science.- Integration Between Legal Research and Social Science.- 8: Analysis of Legal Norms and Juristic Propositions.- Synopsis.- Karl Olivecrona's Theory of Legal Rules as Independent Imperatives.- Norms of Competence in Scandinavian Jurisprudence.- A Tentative Analysis of Two Juristic Sentences.- 9: Logical and Preference-Theoretical Structures in the Law.- Synopsis.- Automated Analysis of Legislation.- Rights and Practical Possibilities.- Requirements, Urgency, and Worth.- The Property Right of Sweden Today - Or a Requiem over an Outdated Way of Argueing.- List of Participants.- Index of Names.
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