LAW 2008 / 03 Legal Concepts : An Inferential Approach Giovanni Sartor
نویسندگان
چکیده
The inferential and eliminative analysis of legal concepts proposed by Alf Ross will be connected to the views of theoretical concepts in science advanced by Frank Ramsey and Rudolf Carnap. Consequently, the mere comprehension of a legal concept will be distinguished from the application of the concept to a particular legal system, since application presupposes a doctrinal commitment, namely, the belief that the inferences constituting the concept hold in that system.1
منابع مشابه
Fundamental Legal Concepts: A Teleological Characterisation
We shall introduce a set basic legal concepts, providing a logical definition of them. This basic set will include, beside the usual deontic modalities (obligations, prohibitions and permissions), the following notions: right as protected interest (obligational right), normative conditional, different kinds of legal power, the intentional production of legal determinations (proclamation), sourc...
متن کاملEUI Working Papers LAW 2007/29 Success Chances in Argument Games: A Probabilistic Approach to Legal Disputes
The outcome of a legal dispute, namely, the decision of its adjudicator, is uncertain, and both parties develop their strategies on the basis of their appreciation of the probability that the adjudicator will accept their arguments or the arguments of their adversary. Costs and gains have to be balanced in light of this uncertainty in order to identify the most convenient strategies. This paper...
متن کاملValidity As Bindingness: The Normativity of Legality
I shall argue that the concept of (valid) law is a purely normative notion, irreducible to any factual description. This uncontroversial notion, which is shared by all approaching the law from the internal point of view, needs to be distinguished from the competing theories on the grounds of legal bindingness, namely, on the reasons for qualifying a norm as legally valid. I shall consider some ...
متن کاملLAW 2005-06.indd
This paper aims at connecting two ideas that play a fundamental role in Robert Alexy’s theory of legal reasoning, namely, on the one hand the idea of a dialogue and on the other hand the idea of a value (a goal to be realised in the political and legal domain). In particular, I shall argue that goal-oriented (teleological) considerations can contribute to determining the structure of dialectica...
متن کاملLaw 2010/13 Department of Law a Dynamic View of Litigation. Agent-based Simulation Insights on Medical Liability Cases
All substantive areas of law with no exception have a common concern for the processes by which legal disputes get resolved. Naturally, the success of any particular litigation strategy in a legal dispute depends on a number of factors. Examples of influential factors are procedural costs, the judge’s accuracy and, most importantly, the litigation strategy followed by the counterpart in dispute...
متن کامل