An Institutional Theory of Law: New Approaches to Legal PositivismSpringer Science & Business Media, 1986 M01 31 - 229 pages |
Contents
THE NORM AS THOUGHT AND AS REALITY | 31 |
1 THE BASIS FOR AND THE AIM OF ELUCIDATING THE ONTOLOGICAL STATUS OF NORMS | 32 |
2 NORMS AS IDEAL ENTITIES | 33 |
3 THE SPECIAL NATURE OF NORMS AS THOUGHTOBJECTS | 35 |
4 THE NORM AS REALITY | 37 |
5 THE LEGAL ORDER IN THE PERSPECTIVE OF THOUGHT AND OF REALITY | 41 |
6 THE CHARACTER OF LEGAL SCIENCE | 44 |
7 THE LOGIC OF NORMS AS AUXILIARY SCIENCE TO THE LEGAL SCIENCES | 46 |
NOTES TO CHAPTER VI | 142 |
THE ANALYTICODIALECTICAL THEORY OF JUSTICE A SKETCH OF AN ACTIONTHEORETICAL AND NONCOGNITIVIST THEORY OF J... | 145 |
THE PRESENT STATE OF PLAY | 146 |
2 PRINCIPLES OF JUSTICE AS DETERMINANTS OF CONDUCT | 153 |
3 THE NONCOGNITIVE CHARACTER OF PRACTICAL REASONING | 154 |
4 STRUCTURAL THEORIES OF PRACTICAL THOUGHT | 156 |
5 THE FUNCTION OF AIMS NORMS AND VALUES | 157 |
6 CLAIMS OF JUSTICE IN THE CONTEXT OF DECISIONMAKING | 159 |
NOTES TO CHAPTER I | 47 |
LAW AS INSTITUTIONAL FACT | 49 |
2 LEGAL INSTITUTIONS AND THE STRUCTURE OF LEGAL SYSTEMS | 58 |
3 TRANSCENDING INSTITUTIONAL FACTS | 67 |
NOTES TO CHAPTER II | 75 |
FACTS AND FACTDESCRIPTIONS A Logical and Methodological Reflection on a Basic Problem for the Social Sciences | 77 |
2 BRUTE FACTS AND DESCRIPTIONS OF THEM | 78 |
THEM | 82 |
4 A TYPOLOGY OF PRACTICAL SENTENCES AND CONCEPTS | 84 |
5 CONSEQUENCES FOR A BASIC METHODOLOGICAL CONCEPTION OF THE SOCIAL SCIENCES | 90 |
NOTES TO CHAPTER III | 91 |
ON ANALYTICAL JURISPRUDENCE | 93 |
1 THE PROBLEM OF LEGAL KNOWLEDGE | 95 |
2 LEGAL FACTS AS INSTITUTIONAL FACTS | 97 |
3 THE PROBLEMATIC CHARACTER OF BRUTE FACTS | 101 |
4 THE NEED FOR A HERMENEUTIC METHOD | 102 |
NOTES TO CHAPTER IV | 107 |
BEYOND POSITIVISM AND NATURAL LAW | 111 |
1 THE LAW AS INSTITUTIONAL FACT AND THE FOUNDATION OF THE LEGALSCIENTIFIC METHOD | 113 |
2 CRITICAL OBSERVATIONS CONCERNING THE CONCEPTION OF LEGAL POSITIVISM | 115 |
3 ARGUMENTS FOR NATURAL LAW THEORIES | 119 |
4 DOES ONE NEED THE IDEA OF NATURAL LAW FOR A MATERIAL JUSTIFICATION OF LAW? | 122 |
THEORY IN SETTLING THE DISPUTE BETWEEN POSITIVISTS AND NATURAL LAW THEORISTS | 124 |
NOTES TO CHAPTER V | 125 |
LAW MORALITY AND POSITIVISM | 127 |
2 LEGAL RULES AND THE INTERNAL POINT OF VIEW | 130 |
3 THE HERMENEUTIC APPROACH TO LEGAL THEORY | 134 |
4 THE CONVERGENCE OF POSITIVISM AND NATURAL LAW | 139 |
7 JUSTICE IN ETHICS JURISPRUDENCE AND POLITICAL THEORY | 160 |
8 THE CHARACTER OF REASONING ABOUT JUSTICE AS SEEN FROM THE NONCOGNITIVIST POINT OF VIEW | 161 |
9 RATIONAL METHODS OF SUBSTANTIVE PRACTICAL REASONING | 163 |
10 THE DIALECTICAL CHARACTER OF PRACTICAL REASONING | 167 |
NOTES TO CHAPTER VII | 169 |
INSTITUTIONAL MORALITY AND THE CONSTITUTION | 171 |
2 THE THEORY OF INSTITUTIONAL MORALITY | 173 |
THEORY | 174 |
4 POSITIV1STIC PRESUPPOSITIONS OF INSTITUTIONAL MORALITY | 179 |
5 PRACTICAL REASON AND CONSTITUTIONAL CUSTOM | 183 |
NOTES TO CHAPTER VIII | 186 |
THE LIMITS OF RATIONALITY IN LEGAL REASONING | 189 |
1 OBSERVATIONS ON PRACTICAL RATIONALITY | 190 |
2 LEGAL REASONING AND THE LIMITS OF RATIONALITY | 201 |
NOTES TO CHAPTER IX | 205 |
THE COND1TIO HUMANA AND THE IDEAL OF JUSTICE | 207 |
2 THE ANTHROPOLOGICAL APPROACH TO THE PROBLEM OF JUSTICE | 209 |
3 IDEALS OF JUSTICE AS DETERMINANTS OF ACTIONS | 210 |
4 THE ANALYTICODIALECTICAL CHARACTER OF DELIBERATIONS ON JUSTICE | 212 |
5 FORMAL POSTULATES OF JUSTICE | 213 |
6 NATURAL LAW OR CONVICTIONS OF JUSTICE? | 216 |
7 POSTULATES OF JUST APPLICATION OF THE LAW | 217 |
9 COLLECTIVE ACTION | 219 |
NOTES TO CHAPTER X | 221 |
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An Institutional Theory of Law: New Approaches to Legal Positivism N. MacCormick,Ota Weinberger No preview available - 2010 |
Common terms and phrases
action actual analysis analytical jurisprudence arguments assert behaviour brute facts Chapter cognition Concept of Law consequences constitutional contract criteria critical decisions deliberations determine distinction Dworkin elements established evaluative example existence of norms formal function G. E. M. Anscombe Grundnorm H. L. A. Hart Hans Kelsen Hart's hermeneutic human ideal entities ideals of justice individual institutional facts institutional morality Institutional Theory intuition juristic Kelsen legal institutions legal order legal philosophy legal positivism legal positivist Legal Reasoning legal rules legal science legal system legal theory logic of norms London matter Neil MacCormick Non-cognitivism norm-logic normative sentences normative system object Ota Weinberger Oxford particular philosophy point of view positivist possible practical reasoning premises principles of justice problem of justice question rational Rawls reality relations relevant requirements role rules of law sense social society sociological structure substantive teleological theory of justice Theory of Law thought-objects tion valid values
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Page 21 - I hereby promise to pay you. Smith. five dollars'. 2 Jones promised to pay Smith five dollars. 3 Jones placed himself under (undertook) an obligation to pay Smith five dollars.