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Aus dem Inhalt: A. Aarnio: One Right Answer and the Majority Principle - H. Aoi: Fikentschers Theorie der Fallnorm - J. A. G. Amado: Justicia, Democracia y Validez del Derecho en J. Habermas - O. Ballweg: Phronesis versus Practical Philosophy - J. Bengoetxea: Legal System as a Regulative Ideal - N. Brieskorn: Die Kantische Maxime und die richterliche Rechtsanwendung - D. Buchwald: Rational Legal Justification - E. Bulygin: On Legal Interpretation - N. MacCormick and J. Wroblewski: On Justification and Interpretation - U. Dopfer: Ontologie der sozialen Rolle als Grundlage strafrechtlicher Entscheidungen - V. Frosini: Prolegomena zur Auslegung des Rechts - A. Gangel: Rechtsprechung, Rechtsanwe...
This book presents the theory of the validity of legal norms, aimed at the practice of law, in particular the jurisdiction of the constitutional courts. The postpositivist concept of the validity of statutory law, grounded on a critical analysis of the basic theories of legal validity elaborated up to now, is introduced. In the first part of the book a contemporary German nonpositivist conception of law developed by Ralf Dreier and Robert Alexy is analysed in order to answer the question whether the juristic concept of legal validity should include moral standards or criteria. In the second part, a postpositivist concept of legal validity and an innovative model of validity discourse, based on the juristic presumption of the validity of legal norms, are proposed. The book is a work on analytical legal theory, written from a postpositivist, detached point of view.
The translation of legal documents in today’s globally interconnected world calls for novel approaches to overcoming traditional language barriers. The verbal language used in legal documents can be accompanied or even replaced by various types of semiotic resource, such as symbols, diagrams, and icons, while the advancement of digital tools and the introduction of new technologies offer those drafting contracts and other legal documents access to an ever-expanding toolbox for the translation process. This book makes a significant contribution to the existing literature on legal translation and intersemiotic translation by sharing valuable insights and opening up new avenues of inquiry, fo...
The early 20th-century Russo-Polish legal thinker Leon Petrażycki (1867–1931) developed a comprehensive social psychology of law. Because only a fraction of his work is available in English, Petrażycki is today little known and seldom discussed in the Anglophone countries. This volume aims to remedy this deficit by introducing Petrażycki’s life and work specifically to an English-speaking audience. It is intended as a reappraisal of some of his views in the context of current advancements. This collection of 12 chapters produced by a panel of international scholars from various social science fields will be useful to a new generation of students formulating their own theories and research on socio-legal behavior. Leon Petrażycki: Law, Emotions, Society will be of interest to students and scholars of sociology of law, socio-legal studies, and philosophy of law