Read A Theory of Precedent: From Analytical Positivism to a Post-Analytical Philosophy of Law

A Theory of Precedent: From Analytical Positivism to a Post-Analytical Philosophy of Law

Raimo Siltala

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Description:Analytical jurisprudence has been mostly silent on the role of precedent in legal adjudication. What is the content of a judge's precedent ideology, or the rule of precedent-recognition, by means of which the ratio of a case is to be distinguished from mere dicta? In this study, the author identifies six types of judicial precedent-ideology, and tests them against judicial experiences in the UK, US, France, Italy, Germany and Finland. The author suggests a redefinition of Lon Fuller's internal morality of law, and confronts fundamental questions about the normative nature of law. Is Kelsen's grundnorm or Hart's ultimate rule of recognition valid, or merely observable only in the practices and behavior of judges and other officials? The author claims that Hart is caught between Kelsen and J.L. Borges in so far as the origin of the rule is concerned. The author concludes that the threat of endless self-referentiality can only be accounted for by means of recourse to Jacques Derrida's philosophy of deconstruction.We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with A Theory of Precedent: From Analytical Positivism to a Post-Analytical Philosophy of Law. To get started finding A Theory of Precedent: From Analytical Positivism to a Post-Analytical Philosophy of Law, you are right to find our website which has a comprehensive collection of manuals listed.
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ISBN: 1841131237

Description: Analytical jurisprudence has been mostly silent on the role of precedent in legal adjudication. What is the content of a judge's precedent ideology, or the rule of precedent-recognition, by means of which the ratio of a case is to be distinguished from mere dicta? In this study, the author identifies six types of judicial precedent-ideology, and tests them against judicial experiences in the UK, US, France, Italy, Germany and Finland. The author suggests a redefinition of Lon Fuller's internal morality of law, and confronts fundamental questions about the normative nature of law. Is Kelsen's grundnorm or Hart's ultimate rule of recognition valid, or merely observable only in the practices and behavior of judges and other officials? The author claims that Hart is caught between Kelsen and J.L. Borges in so far as the origin of the rule is concerned. The author concludes that the threat of endless self-referentiality can only be accounted for by means of recourse to Jacques Derrida's philosophy of deconstruction.We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with A Theory of Precedent: From Analytical Positivism to a Post-Analytical Philosophy of Law. To get started finding A Theory of Precedent: From Analytical Positivism to a Post-Analytical Philosophy of Law, you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.

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A Theory of Precedent: From Analytical Positivism to a Post-Analytical Philosophy of Law

A Theory of Precedent: From Analytical Positivism to a Post-Analytical Philosophy of Law

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