Theory of Legal Science

Front Cover
Aleksander Peczenik, L. Lindahl, Bert van Roermund, G.C. van Roermund
Springer Science & Business Media, Sep 30, 1984 - Law - 666 pages
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, Mr.Mats Mattsson and Mrs.Irena Peczenik who helped with so many things necessary for the meetings, and many students and members of the staff of Lund University Law School.
 

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Contents

THEORY OF SCIENCE AND THEORY OF LAW
1
RECENT TRENDS IN THE PHILOSOPHY OF SCIENCE
5
LEGAL DOGMATICS AS A SCIENTIFIC PARADIGM
13
Toward a Theory of Change and Progress in Legal Science
25
PRAGMATIC METATHEORY FOR LEGAL SCIENCE
39
ON MAKING IMPLICIT METHODOLOGIES EXPLICIT
53
ONTOLOGY AND EPISTEMOLOGY IN LEGAL SCIENCE
67
THE METATHEORY OF THE OUGHTIS PROBLEM
71
THE RULE OF LAW IN LEGAL REASONING
373
SOME SPECIAL TOPICS CONCERNING RATIONALITY AND LEGITIMACY IN THE LAW
383
AN UBIQUITOUS PARALOGISM IN LEGAL THINKING
385
POWER OF TOLERANCE ON THE LEGITIMACY OF A LEGAL SYSTEM
401
SIR EDWARD COKES LEGAL CONSERVATISM
413
POPPERS CRITERION OF REFUTABILITY IN THE LEGAL CONTEXT
425
CRITICISM AND DEVELOPMENTS IN PARTICULAR AREAS OF THE LAW PROPERTY CONTRACTS AND TORTS
437
THEORY CHOICE AND CONTRACT LAW
441

LEGAL DATA AN ESSAY ABOUT THE ONTOLOGY OF LAW
97
PLURALIS JURIS
121
CHANGES OF PARADIGM IN THE LAW
133
A TRANSFORMATIONAL APPROACH
145
EPISTEMOLOGY AND VALIDITY IN LAW
163
IS LAW A SYSTEM OF ENACTMENTS?
175
THE CONCEPT OF FACT IN THE PHYSICAL SCIENCES AND IN LAW
183
OBJECTIVITY AND RATIONALITY OF LEGAL JUSTIFICATION
189
OBJECTIVITY IN THE SOCIAL SCIENCES
195
OBJECTIVITY AND RATIONALITY IN LAWYERS REASONING
217
COHERENCE IN LEGAL JUSTIFICATION
235
PARADIGMS OF JUSTIFYING LEGAL DECISIONS
253
MONISM PLURALISM RELATIVISM AND RIGHT ANSWERS IN THE LAW
275
DISCOVERY AND JUSTIFICATION IN SCIENCE AND LAW
295
REASONS AND CAUSES IN CONNECTION WITH JUDICIAL DECISIONS
307
TECHNICAL RATIONALITY IN THE LAW
315
LEGAL RATIONALITY AMONG DIFFERENT TYPES OF RATIONALITY
319
Empirical Science and Legal Dogmatics
335
GOAL REASONS IN COMMON LAW CASES ARE THEY PREDICTIVE?
345
TELEOLOGICAL CONSTRUCTION OF STATUTES
357
REASON LAW AND HISTORY
363
TRENDS IN LEGAL SCIENCE RELATING TO CONTRACTS AND TORTS
455
THE ECONOMICS OF TRADE LAWS
469
INTERDISCIPLINARY BRIDGES BETWEEN LEGAL RESEARCH AND OTHER SCIENCES
483
ON BRIDGING THE SOCALLED GAP BETWEEN NORMATIVE LEGAL DOGMATICS AND EMPIRICALTHEORETICAL SOCIAL SCIENCE
487
TOWARDS AN INTERDISCIPLINARY THEORY OF LAW
497
LEGAL SCIENCE AND HERMENEUTIC POINT OF VIEW
509
LEGAL THEORY AND SOCIAL SCIENCE
521
INTEGRATION BETWEEN LEGAL RESEARCH AND SOCIAL SCIENCE
531
ANALYSIS OF LEGAL NORMS AND JURISTIC PROPOSITIONS
551
KARL OLIVECRONAS THEORY OF LEGAL RULES AS INDEPENDENT IMPERATIVES
553
NORMS OF COMPETENCE IN SCANDINAVIAN JURISPRUDENCE
559
A TENTATIVE ANALYSIS OF TWO JURISTIC SENTENCES
571
LOGICAL AND PREFERENCETHEORETICAL STRUCTURES IN THE LAW
583
AUTOMATED ANALYSIS OF LEGISLATION
587
RIGHTS AND PRACTICAL POSSIBILITIES
607
REQUIREMENTS URGENCY AND WORTH
617
THE PROPERTY RIGHT OF SWEDEN TODAY OR A REQUIEM OVER AN OUTDATED WAY OF ARGUEING
639
LIST OF PARTICIPANTS
649
INDEX OF NAMES
653
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