There is something quite puzzling about the global conversation on jurisprudence. On the one hand, jurisprudence is supposed to deal with abstract questions concerning the nature, structure, and distinctive features of the law. These questions are not tightly associated with, or dependent on, the particular legal practices in one jurisdiction or another. But, on the other hand, it seems that jurisprudents are tacitly affected by their background institutional context: there is an evident divide between theorizing about the law in the civil law world and in the common law world.
Jurisprudence in the Mirror: The Common Law World Meets the Civil Law World systematically presents the major achievements of contemporary civil law jurisprudence to the common law world and bridges the gap in analytic jurisprudence as it is currently practiced in the two traditions. The volume seeks to bring different voices to the table and overcome the cultural and linguistic divides that have created barriers in philosophical exchanges. The book's structure is dialogical: it includes twelve essays written by prominent and influential jurisprudents from the civil law world, each followed by a response by a jurisprudent from the common law world. This approach highlights what the two worlds share, where they part ways, and why. The varied contributions reveal how their respective legal traditions shape fundamental legal concepts and jurisprudential debates and will be invaluable to readers from both the civil and common law worlds.
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This book presents the major achievements of contemporary civil law jurisprudence to the common law world, bridging the gap in analytic jurisprudence as it is currently practiced in the two traditions.
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Contemporary Analytical Jurisprudence in the Civil Law World and in the Common Law World: Lost in Translation?Luka Burazin, Kenneth Einar Himma, and Giorgio Pino PART I. THEORETICAL FOUNDATIONS 1: Analytical Legal Philosophy Aldo Schiavello 2: Anglophone Analytical Legal Philosophy: Reply to Schiavello Brian Leiter 3: Legal Positivism Giovanni Battista Ratti and María Cristina Redondo Natella 4: The Narrowing of Legal Positivism: Reply to Ratti and Redondo Natella Dan Priel PART II. THEORY OF LEGAL NORMS 5: Legal Norms and Normative Relevance Pablo E Navarro and Jorge L Rodríguez 6: The Systematisation of Legal Norms: Reply to Navarro and Rodríguez Andrew Halpin 7: Legal Validity and Other Properties of Legal Norms JJ Moreso and Ángeles Ródenas 8: The Validity of Validity: Reply to Moreso and Ángeles Ródenas Sean Coyle 9: Rules and Principles Andrzej Grabowski and Isabel Lifante Vidal 10: Rules and Principles Revisited: Reply to Grabowski and Lifante Vidal Lawrence Alexander PART III. THEORY OF THE LEGAL SYSTEM 11: Legal System Riccardo Guastini 12: Recognition and the Concept of a Legal System: Reply to Guastini Nicole Roughan 13: Sources of Law Mathieu Carpentier and Torben Spaak 14: Sources of Law in the Common Law: Reply to Carpentier and Spaak Grant Lamond 15: Antinomies and Gaps Pierluigi Chiassoni and Carla Huerta 16: Gap-Filling as Law-Making in Common Law and Civil Law Traditions Reply to Chiassoni and Huerta Frederick Schauer 17: Constitution Juan Ruiz Manero 18: Constitutional Democracy: Reply to Manero Wil J Waluchow PART IV. LEGAL INTERPRETATION, REASONING, AND KNOWLEDGE 19: Legal Interpretation Pierre Brunet and Francesca Poggi 20: Interpretation and Determinacy: Reply to Brunet and Poggi Jeffrey Goldsworthy 21: Legal Reasoning Damiano Canale 22: Legal Reasoning from Precedent and the Common Law: Reply to Canale Barbara Baum Levenbook 23: Legal Science David Duarte 24: On the Nature of Legal Science: Reply to Duarte James Penner 25: Coda Brian H Bix
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Luka Burazin is a full professor in legal theory at the University of Zagreb. In 2022 he was elected president of the Croatian section of IVR. He has published papers in journals Rechtstheorie, ARSP, Diritto e questioni pubbliche, Ratio Juris, Jurisprudence, Doxa, and in books by OUP, Edward Elgar and Springer. He co-edited books Law and State (Peter Lang 2015), Law as an Artifact (OUP 2018) and The Artifactual Nature of Law
(Edward Elgar 2022). He is a co-editor of journal Revus. He has translated several legal theory books and a number of legal theory papers into Croatian.
Kenneth Einar Himma is a continuing guest professor at the Faculty of Law at the University of Zagreb. He has published extensively in the areas of philosophy of law, philosophy of information and information ethics, philosophy of religion, and applied ethics. He is the author of Morality and the Nature of Law (OUP 2019) and Coercion and the Nature of Law (OUP 2020). He has published well over 100 essays and book reviews in these various areas and is on the editorial boards
of Legal Theory, Law and Philosophy, Ratio Juris, Revus, and other journals in the area.
Giorgio Pino is Full Professor of Philosophy of Law at Roma Tre University. He is a member of the Executive Committee of the IVR. He has published 9 books (in Italian, four of which have been translated in Spanish), and several scholarly articles in various international journals such as Law and Philosophy, Ratio Juris, Doxa, Analisi e Diritto, Ragion Pratica, Diritto & Questioni Pubbliche. He has held visiting positions at, among others, the EUI, Paris 1-Sorbonne, and Columbia
University.
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Provides a comparative analysis between the different traditions of jurisprudential studies in the civil law and the common law worlds
Puts prominent authors from both traditions in close dialogue
Offers a comprehensive guide to all of the relevant topics in jurisprudence
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Produktdetaljer
ISBN
9780192868688
Publisert
2024
Utgiver
Oxford University Press
Vekt
966 gr
Høyde
242 mm
Bredde
166 mm
Dybde
35 mm
Aldersnivå
U, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
544
Redaktør