Legal Knowledge and Analogy [electronic resource] : Fragments of Legal Epistemology, Hermeneutics and Linguistics /

3 of law as an object that has always already been there, systematic and com­ plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this referent, the law presented as a full discourses, runs through all of the contributions, this is because reasoning by analogy has to be found its specific place within this legal culture. It is the place to locate the problem of "lacunae" in law, which at bottom allows our various contributions to be classified. With Zaccaria and Maris, the question of lacunae is accepted as such (this is, we might say, the "traditionalist" aspect of these two articles, which is counterbalanced by - keeping to the same terminology - "modernist" emphases, sometimes Dworkinian in nature), and becomes the backdrop for considerations of purely hermeneutic type, in Zaccaria, ex­ tended in Maris to the field of ethics. The papers from Lenoble and Jackson, the former philosophical and the latter semiological, take as their main tar­ get this legal knowledge where the theory of lacunae finds its place.

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Main Authors: Nerhot, Patrick. editor., SpringerLink (Online service)
Format: Texto biblioteca
Language:eng
Published: Dordrecht : Springer Netherlands : Imprint: Springer, 1991
Subjects:Philosophy., Epistemology., Ethics., Language and languages, Political science., Law, Law., Philosophy of Law., Philosophy of Language., Theories of Law, Philosophy of Law, Legal History.,
Online Access:http://dx.doi.org/10.1007/978-94-011-3260-2
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spelling KOHA-OAI-TEST:1806222018-07-30T23:00:48ZLegal Knowledge and Analogy [electronic resource] : Fragments of Legal Epistemology, Hermeneutics and Linguistics / Nerhot, Patrick. editor. SpringerLink (Online service) textDordrecht : Springer Netherlands : Imprint: Springer,1991.eng3 of law as an object that has always already been there, systematic and com­ plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this referent, the law presented as a full discourses, runs through all of the contributions, this is because reasoning by analogy has to be found its specific place within this legal culture. It is the place to locate the problem of "lacunae" in law, which at bottom allows our various contributions to be classified. With Zaccaria and Maris, the question of lacunae is accepted as such (this is, we might say, the "traditionalist" aspect of these two articles, which is counterbalanced by - keeping to the same terminology - "modernist" emphases, sometimes Dworkinian in nature), and becomes the backdrop for considerations of purely hermeneutic type, in Zaccaria, ex­ tended in Maris to the field of ethics. The papers from Lenoble and Jackson, the former philosophical and the latter semiological, take as their main tar­ get this legal knowledge where the theory of lacunae finds its place.The Analogy between Logic and Dialogic of Law -- Analogy as Legal Reasoning - The Hermeneutic Foundation of the Analogical Procedure -- Milking the Meter - On Analogy, Universalizability and World Views -- The Function of Analogy in Law: Return to Kant and Wittgenstein -- Analogy in Legal Science: Some Comparative Observations -- Legal Analogy between Interpretive Arguments and Productive Arguments -- Legal Knowledge and Meaning (The Example of Legal Analogy) -- Analogical Reasoning and Legal Institutions -- Analogy in the Law.3 of law as an object that has always already been there, systematic and com­ plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this referent, the law presented as a full discourses, runs through all of the contributions, this is because reasoning by analogy has to be found its specific place within this legal culture. It is the place to locate the problem of "lacunae" in law, which at bottom allows our various contributions to be classified. With Zaccaria and Maris, the question of lacunae is accepted as such (this is, we might say, the "traditionalist" aspect of these two articles, which is counterbalanced by - keeping to the same terminology - "modernist" emphases, sometimes Dworkinian in nature), and becomes the backdrop for considerations of purely hermeneutic type, in Zaccaria, ex­ tended in Maris to the field of ethics. The papers from Lenoble and Jackson, the former philosophical and the latter semiological, take as their main tar­ get this legal knowledge where the theory of lacunae finds its place.Philosophy.Epistemology.Ethics.Language and languagesPolitical science.LawLaw.Philosophy.Philosophy of Law.Epistemology.Philosophy of Language.Ethics.Theories of Law, Philosophy of Law, Legal History.Springer eBookshttp://dx.doi.org/10.1007/978-94-011-3260-2URN:ISBN:9789401132602
institution COLPOS
collection Koha
country México
countrycode MX
component Bibliográfico
access En linea
En linea
databasecode cat-colpos
tag biblioteca
region America del Norte
libraryname Departamento de documentación y biblioteca de COLPOS
language eng
topic Philosophy.
Epistemology.
Ethics.
Language and languages
Political science.
Law
Law.
Philosophy.
Philosophy of Law.
Epistemology.
Philosophy of Language.
Ethics.
Theories of Law, Philosophy of Law, Legal History.
Philosophy.
Epistemology.
Ethics.
Language and languages
Political science.
Law
Law.
Philosophy.
Philosophy of Law.
Epistemology.
Philosophy of Language.
Ethics.
Theories of Law, Philosophy of Law, Legal History.
spellingShingle Philosophy.
Epistemology.
Ethics.
Language and languages
Political science.
Law
Law.
Philosophy.
Philosophy of Law.
Epistemology.
Philosophy of Language.
Ethics.
Theories of Law, Philosophy of Law, Legal History.
Philosophy.
Epistemology.
Ethics.
Language and languages
Political science.
Law
Law.
Philosophy.
Philosophy of Law.
Epistemology.
Philosophy of Language.
Ethics.
Theories of Law, Philosophy of Law, Legal History.
Nerhot, Patrick. editor.
SpringerLink (Online service)
Legal Knowledge and Analogy [electronic resource] : Fragments of Legal Epistemology, Hermeneutics and Linguistics /
description 3 of law as an object that has always already been there, systematic and com­ plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this referent, the law presented as a full discourses, runs through all of the contributions, this is because reasoning by analogy has to be found its specific place within this legal culture. It is the place to locate the problem of "lacunae" in law, which at bottom allows our various contributions to be classified. With Zaccaria and Maris, the question of lacunae is accepted as such (this is, we might say, the "traditionalist" aspect of these two articles, which is counterbalanced by - keeping to the same terminology - "modernist" emphases, sometimes Dworkinian in nature), and becomes the backdrop for considerations of purely hermeneutic type, in Zaccaria, ex­ tended in Maris to the field of ethics. The papers from Lenoble and Jackson, the former philosophical and the latter semiological, take as their main tar­ get this legal knowledge where the theory of lacunae finds its place.
format Texto
topic_facet Philosophy.
Epistemology.
Ethics.
Language and languages
Political science.
Law
Law.
Philosophy.
Philosophy of Law.
Epistemology.
Philosophy of Language.
Ethics.
Theories of Law, Philosophy of Law, Legal History.
author Nerhot, Patrick. editor.
SpringerLink (Online service)
author_facet Nerhot, Patrick. editor.
SpringerLink (Online service)
author_sort Nerhot, Patrick. editor.
title Legal Knowledge and Analogy [electronic resource] : Fragments of Legal Epistemology, Hermeneutics and Linguistics /
title_short Legal Knowledge and Analogy [electronic resource] : Fragments of Legal Epistemology, Hermeneutics and Linguistics /
title_full Legal Knowledge and Analogy [electronic resource] : Fragments of Legal Epistemology, Hermeneutics and Linguistics /
title_fullStr Legal Knowledge and Analogy [electronic resource] : Fragments of Legal Epistemology, Hermeneutics and Linguistics /
title_full_unstemmed Legal Knowledge and Analogy [electronic resource] : Fragments of Legal Epistemology, Hermeneutics and Linguistics /
title_sort legal knowledge and analogy [electronic resource] : fragments of legal epistemology, hermeneutics and linguistics /
publisher Dordrecht : Springer Netherlands : Imprint: Springer,
publishDate 1991
url http://dx.doi.org/10.1007/978-94-011-3260-2
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