Argumentation Und Hermeneutik In Der Jurisprudenz
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Argumentation Und Hermeneutik In Der Jurisprudenz
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Author : Werner Krawietz
language : de
Publisher:
Release Date : 1979
Argumentation Und Hermeneutik In Der Jurisprudenz written by Werner Krawietz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Forensic orations categories.
Der Juristische Streit
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Author : Günther Kreuzbauer
language : de
Publisher: Franz Steiner Verlag Wiesbaden gmbh
Release Date : 2004
Der Juristische Streit written by Günther Kreuzbauer and has been published by Franz Steiner Verlag Wiesbaden gmbh this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Social Science categories.
Inhalt Guenther Kreuzbauer: Kleine Einfuehrung in die Forschungsgeschichte der juristischen Argumentationstheorie Gotz Schulze: Ethos, Pathos und Logos - Juristische Rhetorik in der neueren deutschen Zivilrechtsgesetzgebung Christian Hiebaum: Rhetorizitat und Validitat. Uber einen Versuch der Entzauberung des Rechts Andreas Lyra: Die Wiederentdeckung der Rhetorik in der Jurisprudenz - Beginn einer neuen Methodenlehre? Nils Franke: Bedeutung und Wahrheit im juristischen Streit - Bedeutungstheorien im Vergleich mit der juristischen Hermeneutik Peng-Hsiang Wang: Koharenz und Revision. Ein Vorschlag zur Losung der Guenther-Alexy-Kontroverse Thilo Tetzlaff: Der Sound des Rechts. Rechtsasthetik und Rechtsakustik Patrick Godicke: Zur juristischen Dogmatik als Gegenstand und Moderator juristischer Streitgesprache Arne Upmeier: Der Sachverhalt im juristischen Streit Harald Christian Scheu: Europa und der Stein der Weisen. Die argumentative Funktion von Rechtsgutachten im politischen Diskurs Jochen Bung: Der juristische Streit zwischen Agon und Konsens Bertram Keller: Streit um Konsens - Alternative Konfliktlosung im diskursiven System des Rechts.
Rechtsvergleichende Argumentation
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Author : Thomas Coendet
language : de
Publisher: Mohr Siebeck
Release Date : 2012
Rechtsvergleichende Argumentation written by Thomas Coendet and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Comparative law categories.
English summary: Citing foreign legal systems for the sake of producing a convincing judicial argument has been a custom in judicial decision making for more than a century. However, a generally accepted theoretical framework for this kind of reasoning has not been established as yet. Thomas Coendet's account provides comprehensive information on the fundamental questions raised by the comparative approach in contemporary legal discourse. German description: Welche Bedeutung haben rechtsvergleichende Argumente bei der Anwendung nationalen Rechts? Diese Frage beschaftigt die rechtsmethodologische und rechtsvergleichende Wissenschaft seit langem. Entsprechend erstaunlich ist, dass bisher keine ganzheitliche Theorie der rechtsvergleichenden Argumentation existiert. Thomas Coendet legt nun einen umfassenden Entwurf fur eine solche Theorie vor. Er entwickelt seine Theorie entlang der Grundfragen, die das Problem der rechtsvergleichenden Argumentation aufwirft: Wie interagieren eigenes und anderes Recht normativ miteinander? Weshalb sollte man rechtsvergleichend argumentieren und wie funktioniert eine solche Argumentation? Und schliesslich: Wie ist rechtsvergleichendes Argumentieren methodisch zu gestalten, damit es praktisch gelinge? Die auf diesem Weg entwickelte rechtsvergleichende Argumentationstheorie informiert all jene, die in der juristischen Arbeit an der Uberschreitung raumlicher Grenzen interessiert sind.
Historische Argumente Im Zivilrecht
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Author : Thomas Honsell
language : de
Publisher:
Release Date : 1982
Historische Argumente Im Zivilrecht written by Thomas Honsell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Civil law categories.
Fundamentals Of Legal Argumentation
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Author : Eveline T. Feteris
language : en
Publisher: Springer
Release Date : 2017-07-10
Fundamentals Of Legal Argumentation written by Eveline T. Feteris and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-10 with Philosophy categories.
This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, Artificial Intelligence and law, and the pragma-dialectical theory of legal argumentation. Furthermore it provides an extensive and systematic overview of approaches and studies of legal argumentation in the context of legal justification in various legal systems and countries that have been important for the development of research of legal argumentation. The book contains a discussion of influential theories that conceive the law and legal justification as argumentative activity. From different disciplinary and theoretical angles it addresses such topics as the institutional characteristics of the law and the relation between general standards for moral discussions and legal standards such as the Rule of Law. It discusses patterns of legal justification in the context of different types of problems in the application of the law and it describes rules for rational legal discussions. The combination of the sound basis of the first edition and the discussions of new developments make this new edition an up-to-date and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as major approaches and trends in the contemporary research. It surveys the relevant theoretical factors both from various continental law traditions and common law countries.
Contemporary German Legal Philosophy
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Author : James E. Herget
language : en
Publisher: University of Pennsylvania Press
Release Date : 2017-11-15
Contemporary German Legal Philosophy written by James E. Herget and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-15 with Law categories.
James Herget explains to American legal scholars and students the main points of the characteristic legal philosophy that has developed in the German-speaking world since World War II. After a historical introduction and overview, he discusses critical rationalism, discourse theory, rhetorical theory, systems theory, and institutional legal positivism. He concludes with a general assessment and appends biographical information. Written for American legal scholars and students, who traditionally are exposed only to filtered versions of comparative legal traditions, this volume introduces a new world of legal theory that resonates within the context of other contemporary disciplines and German intellectual history.
Law Interpretation And Reality
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Author : P.J. Nerhot
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-04-17
Law Interpretation And Reality written by P.J. Nerhot and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-17 with Philosophy categories.
PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.
A Treatise Of Legal Philosophy And General Jurisprudence
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Author : Enrico Pattaro
language : en
Publisher: Springer Science & Business Media
Release Date : 2016-07-13
A Treatise Of Legal Philosophy And General Jurisprudence written by Enrico Pattaro and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-13 with Philosophy categories.
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
Theory Of Legal Principles
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Author : Humberto Avila
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-09-26
Theory Of Legal Principles written by Humberto Avila and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-09-26 with Law categories.
This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.
Legal Knowledge And Analogy
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Author : P.J. Nerhot
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Legal Knowledge And Analogy written by P.J. Nerhot and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Philosophy categories.
3 of law as an object that has always already been there, systematic and com plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this referent, the law presented as a full discourses, runs through all of the contributions, this is because reasoning by analogy has to be found its specific place within this legal culture. It is the place to locate the problem of "lacunae" in law, which at bottom allows our various contributions to be classified. With Zaccaria and Maris, the question of lacunae is accepted as such (this is, we might say, the "traditionalist" aspect of these two articles, which is counterbalanced by - keeping to the same terminology - "modernist" emphases, sometimes Dworkinian in nature), and becomes the backdrop for considerations of purely hermeneutic type, in Zaccaria, ex tended in Maris to the field of ethics. The papers from Lenoble and Jackson, the former philosophical and the latter semiological, take as their main tar get this legal knowledge where the theory of lacunae finds its place.