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Vol 23 No 5 May/June 2018

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Essays in Legal Philosophy

ISBN13: 9780198729365
Published: July 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £69.00

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Eugenio Bulygin is a distinguished representative of legal science and legal philosophy as they are known on the European continent - no accident, given the role of the civil law tradition in his home country, Argentina.

Over the past half-century, Bulygin has engaged virtually all major legal philosophers in the English-speaking countries, including H.L.A. Hart, Ronald Dworkin, and Joseph Raz. Bulygin's essays, several written together with his eminent colleague and close friend Carlos E. Alchourron, reflect the genre familiar from Alf Ross's On Law and Justice, Hans Kelsen's Pure Theory of Law, and Georg Henrik von Wright's Norm and Action. Bulygin's wide-ranging interests include most of the topics found under the rubric of analytical jurisprudence - interpretation and judicial reasoning, validity and efficacy of law, legal positivism and the problem of normativity, completeness and consistency of the legal system, the nature of legal norms, and the role of deontic logic in the law.

The reader will take delight in the often agreeably unorthodox character of Bulygin's views and in his hard-hitting arguments in defence of them. He challenges the received opinion on gaps in the law, on legal efficacy, on permissory norms, and on the criteria for legal validity. Bulygin's essays have been wellnigh inaccessible in the past, appearing in specialized journals, often in Spanish or German. They are now available for the first time in an English-language collection.

Introduction Part I Normative Systems and Legal Positivism. Eugenio Bulygin and the Philosophy of Law
Introduction Part II Aspects of Eugenio Bulyfin's Norm Theory
1. The Concept of Efficacy (1965)
2. Validity and Efficacy of the Law
3. A Reply to Hans Kelsen on Validity and Efficacy (2003)
4. Judicial Decisions and the Creation of Law (1966)
5. Von Wright on Deontic Logic and the Philosophy of Law (1973/89)
6. On the Rules of Recognition (1976)
7. On the Concept of a Legal Order (1976)
8. Legal Statements and Positivism. A Reply to Joseph Raz (1981)
9. The Expressive Conception of Norms (1981)
10. Time and Validity (1982)
11. Norms, Normative Propositions, and Legal Statements (1982)
12. Norms and Logic (1985)
13. Legal Dogmatics and the Systematization of the Law (1986)
14. An Antinomy in Kelsen's Pure Theory of Law (1990)
15. Limits of Logic and Legal Reasoning (1992)
16. On Norms of Competence (1992)
17. Valid Law and Law in Force (1999, unpublished)
18. The Silence of the Law (2002)
19. The Objectivity of the Law (2004)
20. The Problem of Legal Validity in Kelsen's Pure Theory of Law (2005)
21. Permissory Norms and Normative Systems (1984-86/2012)
22. Kelsen on Completeness and Consistency of Law (2013)