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Law, Truth, and Reason

Part of the Law and Philosophy Library Book Series (volume 97)

DOI: 10.1007/978-94-007-1872-2

ISBN: 978-94-007-1871-5

Publisher: Springer Netherlands - Springer Journals

Jun 22, 2011

1 - 10 of 13 Chapters

LitStream

Chapter 1Introduction

Siltala, Raimo

Pages: 1 –27

[The present treatise is a contribution to the analytical tradition in jurisprudence. It focuses on the issues of legal argumentation, i.e. on how to construct and read the law in a well-reasoned manner. The three ideologies of judicial decision-making by Jerzy Wróblewski, i.e. the bound, legal...
LitStream

Chapter 2An Isomorphic Theory of Law: A Relation of Structural Similarity Between the Two Fact-Constellations Compared

Siltala, Raimo

Pages: 29 –51

[Kaarle Makkonen’s theory of legal reasoning is based on the logical primacy of an isomorphic relation between the two fact-descriptions compared, the one as given in a legal norm and the other as (possibly) existing in the world. Nonetheless, Makkonen nowhere gives a precise definition of what...
LitStream

Chapter 3Coherence Theory of Law: Shared Congruence Among Arguments Drawn from the Institutional and Societal Sources of Law

Siltala, Raimo

Pages: 53 –78

[Coherence is a quality that is accorded to a scientific theory or any other collection of linguistic sentences, assertions, or propositions. The definition of coherence yet turns out to be problematic. Robert Alexy and Aleksander Peczenik define coherence in quantified terms, i.e. “… the...
LitStream

Chapter 4“Between the Evident and the Irrational”: The New Rhetoric and Legal Argumentation Theory

Siltala, Raimo

Pages: 79 –95

[Legal argumentation, as originally outlined by Aristotle under the notion of rhetoric (and topic) and by Chaïm Perelman under the new rhetoric since the 1950s, occupies the mid-area “between the evident and the irrational”, i.e. between the analytical truths cherished by logic and mathematics,...
LitStream

Chapter 5Philosophical Pragmatism: Law, Judged in Light of Its Social Effects

Siltala, Raimo

Pages: 97 –112

[Philosophical pragmatism defines the truth of a belief or an assertion in terms of its warranted assertability, empirical testability, or practical utility in the service of any human endeavour: truth is what works. In the context of law, however, the instrumentalist criteria of what(ever) works...
LitStream

Chapter 6Analytical Legal Positivism: Retracing the Original Intentions of the Legislator Under Legal Exegesis

Siltala, Raimo

Pages: 113 –143

[The two notions of scientific positivism and legal positivism are to be distinguished from each other. Scientific positivism refers to a specific stance in the philosophy of science, as held by the logical positivist (Vienna Circle, Wiener Kreis) in the 1920s and 1930s, and partly by its...
LitStream

Chapter 7Legal Realism: The Law in Action, Not the Law in Books, As the Subject Matter of Legal Analysis

Siltala, Raimo

Pages: 145 –163

[Scientific realism and legal realism are two different issues. Scientific realism can be defined with the ontological, semantic, epistemological, methodological, axiological, and ethical tenets involved, plus realism in scientific theory construction and concept formation. Legal realism or...
LitStream

Chapter 8Legal Conventionalism: Law as an Expression of Collective Intentionality

Siltala, Raimo

Pages: 165 –186

[From a philosophical point of view, conventions are expressions of collective intentionality, to the effect that certain social phenomena are accepted or recognized as having legal significance, or that there exist a set of mutual expectations and cooperative dispositions to the said effect in...
LitStream

Chapter 9“Die Rechtssätze in ihrem systematischen Zusammenhang zu erkennen” – The Thrust of Legal Formalism

Siltala, Raimo

Pages: 187 –200

[Legal formalism stands for a variety of schools, movements, and approaches in jurisprudence that all share a commitment to the logico-conceptual, systemic premises of law. The German conceptualist jurisprudence, as represented by Georg Friedrich Puchta and Bernhard Windscheid, best illustrates...
LitStream

Chapter 10Natural Law Philosophy: Law as Subordinate to Social Justice and Political Morality in Society

Siltala, Raimo

Pages: 201 –224

[Natural law philosophy presents a critique of the positivist conception of law. It defines the law as subject to criteria of (absolute) religious, social, or political justice, leading to a profound intertwinement of the formal validity of law and its moral merits or dismerits. Historically,...

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