An edition of Making the law explicit (2008)

Making the law explicit

the normativity of legal argumentation

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Last edited by MARC Bot
April 30, 2025 | History
An edition of Making the law explicit (2008)

Making the law explicit

the normativity of legal argumentation

"Legal argumentation consists in the interpretation of texts. Therefore, it has a natural connection to the philosophy of language. Central issues of this connection, however, lack a clear answer. For instance, how much freedom do judges have in applying the law? How are the literal and the purposive approaches related to one another? How can we distinguish between applying the law and making the law? This book provides answers by means of a complex and detailed theory of literal meaning. A new legal method is introduced, namely the further development of the law. It is so far unknown in Anglo-American jurisprudence, but it is shown that this new method helps in solving some of the most crucial puzzles in jurisprudence. At its centre the book addresses legal indeterminism and refutes linguistic-philosophical reasons for indeterminacy. It spells out the normative character of interpretation as emphasized by Raz and, with the help of Robert Brandom's normative pragmatics, it is shown that the relativism of interpretation from a normative perspective does not at all justify scepticism. On the contrary, it supports the claim that legal argumentation can be objective, and maintains that statements on the meaning of a statute can be right or wrong, and take on inter-subjective validity accordingly. This book breaks new ground in transferring Brandom's philosophy to legal theoretical problems and presents an original and exciting analysis of the semantic argument in legal argumentation. It was the recipient of the European Award for Legal Theory in 2002."--Bloomsbury Publishing.

Publish Date
Publisher
Hart Pub.
Language
English
Pages
303

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Edition Availability
Cover of: Making the law explicit
Making the law explicit: the normativity of legal argumentation
2008, Hart Pub.
in English
Cover of: Making the Law Explicit
Making the Law Explicit: The Normativity of Legal Argumentation
2008, Bloomsbury Publishing Plc
in English

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Book Details


Edition Notes

English translation, with revisions, of: Theorie der Wortlautgrenze : Semantische Normativität in der juristischen Argumentation. Baden Baden : Nomos, 2004.

Translation by Jörg Rampacher and Neil Mussett.

Includes bibliographical references (p. [283]-300) and index.

Published in
Oxford, New York
Series
European Academy of Legal Theory monograph series -- v. 7, European Academy of Legal Theory series -- v. 7.

Classifications

Library of Congress
K212 .K5913 2008, K212, K212 .K58 2008

The Physical Object

Pagination
xvi, 303 p. ;
Number of pages
303

Edition Identifiers

Open Library
OL22697112M
ISBN 10
1841134910
ISBN 13
9781841134918
LCCN
2008279317
OCLC/WorldCat
216663245, 646807109
LibraryThing
6385818
Digital Object Identifier (DOI)
10.5040/9781472564474

Work Identifiers

Work ID
OL12817180W

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