Making the law explicit : the normativity of legal argumentation / Matthias Klatt.
Legal argumentation consists in the interpretation of texts. Therefore, it has a natural connection to the philosophy of language. Central issues of this connection, however, lack a clear answer. For instance, how much freedom do judges have in applying the law? How are the literal and the purposive...
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| Main Author: | |
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| Format: | Ebook |
| Language: | English German |
| Published: |
Oxford ; New York :
Hart Pub.,
2008.
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| Series: | European Academy of Legal Theory series ;
v. 7. |
| Subjects: | |
| Online Access: | Hart Publishing Law ebooks |
| Summary: | Legal argumentation consists in the interpretation of texts. Therefore, it has a natural connection to the philosophy of language. Central issues of this connection, however, lack a clear answer. For instance, how much freedom do judges have in applying the law? How are the literal and the purposive approaches related to one another? How can we distinguish between applying the law and making the law?. This book provides answers by means of a complex and detailed theory of literal meaning. A new legal method is introduced, namely the further development of the law. It is so far unknown in Anglo. |
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| Item Description: | English translation, with revisions, of: Theorie der Wortlautgrenze : Semantische Normativität in der juristischen Argumentation. Baden Baden : Nomos, 2004. Translation by Jörg Rampacher and Neil Mussett. |
| Physical Description: | 1 online resource (xvi, 303 pages). |
| Format: | Mode of access: World Wide Web. |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: | 1847314562 9781847314567 |