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The Logic of Legal Requirements: Essays on Defeasibility

Edited by: Jordi Ferrer Beltran, Giovanni Battista Ratti

ISBN13: 9780199661640
Published: September 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £83.00



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When a legal rule requires us to drive on the right, notarize our wills, or refrain from selling bootleg liquor, how are we to describe and understand that requirement? In particular, how does the logical form of such a requirement relate to the logical form of other requirements, such as moral requirements, or the requirements of logic itself?

When a general legal rule is applied or distinguished in a particular case, how can we describe that process in logical form? Such questions have come to preoccupy modern legal philosophy as its methodology, drawing on the philosophy of logic, becomes ever more sophisticated.

This collection gathers together some of the most prominent legal philosophers in the Anglo-American and civil law traditions to analyse the logical structure of legal norms. They focus on the issue of defeasibility, which has become a central concern for both logicians and legal philosophers in recent years.

The book is divided into four parts. The first section is devoted to unravelling the basic concepts related to legal defeasibility and the logical structure of legal norms, focusing on the idea that law, or its components, are liable to implicit exceptions, which cannot be specified before the law's application to particular cases. Part two aims to disentangle the main relations between the issue of legal defeasibility and the issue of legal interpretation, exploring the topic of defeasibility as a product of certain argumentative techniques in the law.

Section 3 of the volume is dedicated to one of the most problematic issues in the history of jurisprudence: the connections between law and morality. Finally, section 4 of the volume is devoted to analysing the relationships between defeasibility and legal adjudication.

Subjects:
Jurisprudence
Contents:
Legal Defeasibility: An Introduction

PART I: GENERAL FEATURES OF DEFEASIBILITY IN LAW AND LOGIC
1. Defeasibility and Legality: A Survey
2. On Law and Logic
3. Defeasibility, Contributory Conditionals, and Refinement of Legal Systems
4. Is Defeasibility an Essential Property of Law?
5. Against Defeasibility of Legal Rules
6. Defeasibility in Legal Reasoning
7. Defeasible Properties

PART II: DEFEASIBILITY AND INTERPRETATION
8. Defeasibility and Legal Indeterminacy
9. Defeasibility, Axiological Gaps, and Interpretation
10. Defeasibility and Open Texture
11. Exceptions
12. Acts, Normative Formulations, and Defeasible Norms

PART III: DEFEASIBILITY AND THE CONCEPTIONS OF LAW
13. Legal Defeasibility and the Connection between Law and Morality
14. Rules, Principles, and Defeasibility
15. Defeasibility and Legal Positivism
16. True Exceptions: Defeasibility and Particularism
17. Principles, Conflicts, and Defeats: An Approach from a Coherentist Theory
18. Reasons for Action and Defeasibility

PART IV: DEFEASIBILITY AND ADJUDICATION
19. Legislation and Adjudication
20. Defeasibility and Adjudication
21. Legal Defeasibility in Context and the Emergence of Substantial Indefeasibility
22. Defeasible Rules and Interpersonal Accountability