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Vol 21 No 11 Nov/Dec 2016

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Problems of Normativity, Rules and Rule Following

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Edited by: M. Araszkiewicz, P. Banas, T. Gizbert-Studnicki, K. Płeszka

ISBN13: 9783319093741
Published: December 2014
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £117.00



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This book focuses on the problems of rules, rule-following and normativity as discussed within the areas of analytic philosophy, linguistics, logic and legal theory. Divided into four parts, the volume covers topics in general analytic philosophy, analytic legal theory, legal interpretation and argumentation, logic as well as AI&Law area of research. It discusses, inter alia, “Kripkenstein’s” sceptical argument against rule-following and normativity of meaning, the role of neuroscience in explaining the phenomenon of normativity, conventionalism in philosophy of law, normativity of rules of interpretation, some formal approaches towards rules and normativity as well as the problem of defeasibility of rules. The aim of the book is to provide an interdisciplinary approach to an inquiry into the questions concerning rules, rule-following and normativity.

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Subjects:
Jurisprudence
Contents:
Part I: Philosophical Problems of Normativity and Rule Following
1. Rules, Norms and Principles: A Conceptual Framework
Paul Boghossian
2. Separating Rules from Normativity
Jaap Hage
3. Communalism, Correction and Nihilist Solitary Rule-Following Arguments
William Knorpp
4. Knowing Way Too Much: a Case against Semantic Phenomenology
Krzysztof Poslajko
5. The Meaning of Normativity of Meaning
Leopold Hess
6. On the Kantian Background of "Kripkenstein" Rule-following Paradox
Przemyslaw Tacik
7. Rules as Patterns Between Normativism and Naturalism
Piotr Kozak
8. Normativity and Rationality: Framing the Problem
Joanna Klimczyk
9. Rules and Rights
Tomasz Pietrzykowski
Part II: Normativity of Law and Legal Norms
10. Rules and Normativity in Law
Brian Bix
11. Obligation: A Legal-Theoretical Perspective
Stefano Bertea
12. On Obligations, Norms and Rules
Dietmar von der Pfordten
13. Philosophy, Neuroscience and Law: The Conceptual and Empirical, Rule-following, Interpretation and Knowledge
Dennis Patterson, Michael S. Pardo
14. Gunman Situation, Vicious Circle and Pure Theory of Law
Monika Zalewska
15. Rules as Reason-Giving Facts: A Difference-Making-Based Account of the Normativity of Rules
Peng-Hsiang Wang and Linton Wang
16. Rules, Conventionalism and Normativity: Some Remarks Starting from Hart
Aldo Schiavello
17. Are Fundamental Legal Reasons Internal? A Few Remarks on the Internal Point of View
Adam Dyrda
Part III: Rules in Legal Interpretation and Argumentation
18. The Normativity of Rules of Interpretation
Tomasz Gizbert-Studnicki
19. Legal Interpretation as a Rule-guided Phenomenon
Pawel Banas
20. To Whom does the Law Speak? Canvassing a Neglected Picture of Law's Interpretive Field
Paolo Sandro
21. Interpretation and Understanding in Law. The Complexity of Easy Cases
Ralf Poscher
22. The Ordinary Meaning of Rules
Brian G. Slocum
23. Blindly Following the Rules: Revisiting the claritas Doctrine
Hanna Filipczyk
24. Why Legal Rules are not Speech Acts and what Follows from that
Marcin Matczak
25. The Validity of Moral Rules and Principles as a Legal Problem
Andrzej Grabowski
26. Implicatures within the Legal Context - a rule-based analysis of the possible content of conversational maxims in law
Izabela Skoczen
27. Why are Words not Enough? or a Few Remarks on Traffic Signs
Michal Dudek
IV. Rules in Legal Logic and AI&Law
28. In Defense of the Expressive Conception of Norms
Andrei Kristan
29. Rule-following and Logic
Jan Wolenski
30. Negating Rules
Giovanni Battista Ratti
31. Legal Rules: Defeasible or Indefeasible?
Michal Araszkiewicz
32. The Role of Argumentation Theory in the Logic of Judgments
Marcelo Ceci
33. Towards Multidimensional Rule Visualization
Vytautas Cyras, Friedrich Lachmayer.