A Treatise of Legal Philosophy and General Jurisprudence Volume 1:The Law and The Right, Volume 2: Foundations of Law, Volume 3: Legal Institutions and the Sources of Law, Volume 4: Scienta Juris, Legal Doctrine as Knowledge of Law and as a Source of Law, Volume 5: Legal Reasoning, A Cognitive Approach to the Law / by Enrico Pattaro.

A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the...

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Bibliographic Details
Main Author:	Pattaro, Enrico (Author)
Corporate Author:	SpringerLink (Online service)
Format:	eBook
Language:	English
Published:	Dordrecht : Springer Netherlands : Imprint: Springer, 2005.
Edition:	1st ed. 2005.
Series:	Springer eBook Collection.
Subjects:	Political science. Law—Philosophy. Law. Philosophy. Electronic resources (E-books)
Online Access:	Click to view e-book
Holy Cross Note:	Loaded electronically. Electronic access restricted to members of the Holy Cross Community.

Table of Contents:

The Reality That Ought to Be: Problems and Critical Issues
A First Glance
Dualism and Interaction Between the Reality that Ought to Be and the Reality that is: Validity as a Pineal Gland
Taking a Dive Into the Sources of Law
The Problem of the Matrix
The Reality That Ought to Be: A Monistic Perspective. Norms as Beliefs and as Motives of Behaviour
The Motives of Human Behaviour
Norms As Beliefs
How Norms Proliferate in Human Brains
Family Portraits. Law as Interference in the Motives of Behaviour
No Law Without Norms
But Norms are Not Enough. the Interaction Between Language and Motives of Behaviour
The Law in Force: an Ambiguous Intertwining of Normativeness and Organised Power
In Search of Confirming Others
The Reality that Ought to Be as Fate
What is Right in Homeric Epic
What is Right, What Is Just, Ratio As Type: Sanctus Thoma Docet
The Law and What is Right. Hans Kelsen Under Suspicion
Nature and Culture
What Does “Foundations” Mean?
What Does “Foundations” Mean?
The Explanandum: What is Law?
The Explanandum: What is Law?
Extra-Legal Foundations of Law—Variations on Legally External Foundations
Extra-Legal Foundations of Law—Variations on Legally External Foundations
Internal Foundations of Law
Internal Foundations of Law
Anti-Foundationalism
Anti-Foundationalism
General Tendencies
General Tendencies
Problems of Explanation
Problems of Explanation
Summary
Summary
Legislation
Legislation
Precedent
Precedent
Custom
Custom
Delegation
Delegation
Constitutions
Constitutions
Sources of Law in the Civil Law
Sources of Law in the Civil Law
International Law
International Law
Authority
Authority
Legal Doctrine and Legal Theory
Legal Doctrine and Legal Theory
Particular Legal Doctrine
Particular Legal Doctrine
Criticism and Defence of Legal Doctrine
Criticism and Defence of Legal Doctrine
Law And Morality
Law And Morality
Coherence in Legal Doctrine
Coherence in Legal Doctrine
Metatheory and Ontology for Legal Doctrine
Metatheory and Ontology for Legal Doctrine
Conclusions
Conclusions
Legal Reasoning and Practical Rationality
Practical Rationality
Basic Forms of Reasoning
The Doxification of Practical Reasoning
Rationalisation, Reflexivity, Universality
Bounded Rationality: Cognitive Delegation
Bounded Rationality: Factors
Preference-Based Reasoning: Rules
Preference-Based Reasoning: Factors
Multi-Agent Practical Reasoning
Collective Intentionality
Collective Cognition and Dialogues
Cognitive and Legal Bindingness
The Foundation of Legal Bindingness
Legal Logic
Law and Logic
Classical Logic and the Law
Actions
Deontic Notions
Negation, Permission, and Completeness
Obligational Concepts
Normative Conditionals and Legal Inference
Varieties of Normative Conditionals
Potestative Concepts
Proclamations
Proclamative Power
Normative Texts and Sources of Law
Argumentation Frameworks
Argument Logic
Cases and Theory Construction
Theory-Based Dialectics
Conclusion
Conclusion.

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