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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Kazimierz Opalek Selected Papers in Legal Philosophy

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ISBN13: 9780792357322
ISBN: 0792357329
Published: June 1999
Publisher: Kluwer Law International
Format: Hardback
Price: Out of print

In this text, philosophical aspects of law and jurisprudence are investigated from various points of view. It represents the analytic approach to legal philosophy. However, this approach is not extreme in the sense that it is limited exclusively to linguistic matters. The concept of norm as a directive of conduct is the central category analyzed in particular essays. The structure of directives as well as their semantic and pragmatic roles are studied. Pragmatic functions of directives are linked with their functioning as speech acts, and existence and validity of norms are analyzed. The author also touches on general methodological problems of legal theory and philosophy, particularly their relations to social sciences. The collection covers material interesting for philosophers, lawyers and social scientists.

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Editor's Introduction. I. General Problems of Legal Philosophy. The 'General Science of Law': Main Approaches and Their History. The Peculiarities of the Study of Law and the Question of Integration. The Complexity of Law and of the Methods of its Study. State and Law: An Attempt at Integration of the Juristic with the Sociological Approach. The Problem of the Validity of Law. The Rule of Law and Natural Law. Internal and External Integration of the Study of Law. Law and Politics in Time and Space. Present Status of Legal Philosophy. The Concept of 'Positive Law'. Philosophy of Law and Social Philosophy. II. Problems of Norms and Legal Language. Some Problems of the Theory of Norms. The Problem of 'Directive Meaning'. The Problem of the Existence of the Norm. On the Logical-Semantic Structure of Directives. Norm and Conduct, the Problem of the 'Fulfilment' of the Norm. Directives, Optatives, and Value Statements. Directive Discourse. 'Doing Things with Words' and the Law. Directives, Norms, and Performatives.