Law and Realism
Proceedings of the Special Workshop held at the 29th World Congress of the International Association for Philosophy of Law and Social Philosophy in Lucerne, Switzerland, 2019
- 318 pages
- English
- PDF
- Available on iOS & Android
Law and Realism
Proceedings of the Special Workshop held at the 29th World Congress of the International Association for Philosophy of Law and Social Philosophy in Lucerne, Switzerland, 2019
About this book
Law and Realism offers multidisciplinary responses to the questions of the existence of law, of legal orders and legal norms. It provides the reader with comprehensive accounts of realism in the law and criticism on it. The volume broadens the traditional views of legal Realism by discussing the many aspects of reality that condition the existence of legal orders in general and the application of law in specific cases. It covers in particular the biological nature of human beings, the structure of language and reasoning, the fact of social morality, and the embeddedness of legal systems in a complex socio-cultural environment.
The authors present defenses and criticism of diverse competing theories of legal realism and their shortcomings, because it is known that realism, as used in jurisprudence, leads to a kind of reductionism or incoherence with aspects of reality and of normativity that are equally essential for a complete understanding of the law. The e-book also aims at opening a realistic philosophical debate in order to rescue the original meaning of realism in regard to the nature of law.
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Table of contents
- Table of Contents
- ANDRÉ FERREIRA LEITE DE PAULA / ANDRÉS SANTACOLOMA SANTACOLOMA: Perspectives and Critique of Realism in the Law. An Introduction to Law and Realism
- Part I: Legal Realism
- Part II: Legal Reasoning and Realism
- Part III: Realism and Semantics
- Part IV: Law and Nature