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It includes matters of legal history and appeals to both legal scholars and philosophers, especially those with an interest in theories of law and the philosophy of law.

This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher.The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the book provides a sustained reflection upon central aspects of Kelsenian legal science and the nature of law.Parts one and two examine the validity of the project of Kelsenian legal science with particular reference to the social fact thesis, the notion of a science of positive law and the specifically Kelsenian concept of the basic norm (Grundnorm). The next three parts engage in a critical analysis of the relationship of Kelsenian legal science to constitutionalism, practical reason, and human rights.The last part involves an examination of the continued pertinence of Kelsenian legal science as a theory of the nature of law with a particular focus upon contemporary non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivism from a Kelsenian notion of legal science in its consideration of the nature of law.

This book explores the interrelation of facts and norms. Today, Jellinek's concept still provides astonishing insights on the dichotomy of "is" and "ought to be", the emergence of the normative, the efficacy and the defeasibility of (legal) norms, and the distinct character of what legal theorists refer to as "normativity".

The concept of convention has been used in different fields and from different perspectives to account for important social phenomena, and the legal sphere is no exception.

This volume critically discusses therelationship between democracy and constitutionalism. It does so with a view torespond to objections raised by legal and political philosophers who aresceptical of judicial review based on the assumption that judicial review is anundemocratic institution. The book builds on earlier literature on the moraljustification of the authority of constitutional courts, and on the currentattempts to develop a system on "weak judicial review". Although different intheir approach, the chapters all focus on devising institutions, proceduresand, in a more abstract way, normative conceptions to democratizeconstitutional law. These democratizing strategies may vary from a radicalobjection to the institution of judicial review, to a more modest proposal tojustify the authority of constitutional courts in their "deliberativeperformance" or to create constitutional juries that may be more aware of acommunity's constitutional morality than constitutional courts are. The book connects abstract theoreticaldiscussions about the moral justification of constitutionalism with concreteproblems, such as the relation between constitutional adjudication anddeliberative democracy, the legitimacy of judicial review in internationalinstitutions, the need to create new institutions to democratizeconstitutionalism, the connections between philosophical conceptions andconstitutional practices, the judicial review of constitutional amendments, andthe criticism on strong judicial review.

In the final sections, the book examines the question of whether the political murders on the politician Pim Fortuyn and the film director Theo van Gogh, the reactions to Ayaan Hirsi Ali's film Submission, as well as the success of the populist politician Geert Wilders are signs of the end of Dutch tolerance.

praxeological J-concepts, those that help us to explore the relations between law and action, and methodological J-concepts, those that help us to describe the methods of the professional-juridical handling of the law.

It is not unusual that formal and informal discussions about the political system, its virtues, and its many defects, conclude in a discussion about impartiality. We show our concerns with impartiality when, facing a particular problem, we try to figure out the best solution for all of us, given our conflicting interests.

This book is a thorough treatise concerned with coherence and its significance in legal reasoning. By presenting such a broad scope of views and methods on approaching the issue of coherence we hope to promote the general interest in the topic as well as the academic research that centers around coherence and law.

It includes matters of legal history and appeals to both legal scholars and philosophers, especially those with an interest in theories of law and the philosophy of law.

This book is a thorough treatise concerned with coherence and its significance in legal reasoning. By presenting such a broad scope of views and methods on approaching the issue of coherence we hope to promote the general interest in the topic as well as the academic research that centers around coherence and law.

Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon.

Justifying Taxes offers readers some of the elements of a democratic tax law, considered within its political and philosophical context in order to determine the extent of legitimate tax obligations.

Besides providing evidence of the earliest development of Leibniz's thought and amazing anticipations of his mature views, they present a genuine intellectual interest, for the freshness and originality of Leibniz's reflections on a striking variety of logico-philosophical puzzles drawn from the law.

This is the English version of Jerzy Wroblewski's major work in Polish, S~dowe Stosowania Prawa (translated in his own preferred terms as 'The Judicial Application of Law').

in Tort Law, Criminal Law and Intellectual Property Law) and in different times and places (e.g. in Roman Law, Rabbinic Law and the Common Law). The collection will be of interest to theorists and historians of legal reasoning, as well as scholars and practitioners of the law more generally, in both common and civil law traditions.

The central question in legal philosophy is the relationship between law and morality. In Law, Order and Freedom, a historical overview is given pertaining to the question of the extent to which the modern Enlightenment values can serve as the universal foundation of law and society.

Features the essays that treat important aspects of most of the major themes in contemporary philosophy of law and legal theory.

Justifying Taxes offers readers some of the elements of a democratic tax law, considered within its political and philosophical context in order to determine the extent of legitimate tax obligations.

Fourteen papers, together with a long analytical introduction by the editors, were selected from the contributions of legal theorists, computer scientists, philosophers and logicians who were members of an International Working Group supported by the European Commission.

This book offers its readers an overview of recent developments in the theory of legal argumentation written by representatives from various disciplines, including argumentation theory, philosophy of law, logic and artificial intelligence.