On law and legal reasoning. (2002)

• Record Type: Book
• Further Information: Note: Fernando Atria.
• Other Names: Atria Lemaître, Fernando; European Academy of Legal Theory.
• Contents: Constitutive rules, institutions and the weightier matters of the law. Two concepts of rules ; The game-analogy ; Insulation ; A general theory of institutional facts ; The game of law ; Law as institutional fact ; Two models of institution ; The weightier matters of the law ; A short preview -- Gapless sources. The sources thesis and the problem of authority ; Legal indeterminacy ; Hard and clear cases ; On gaps in the law -- Meaning and application. Playing on railway stations ; Hart on open texture ; Principles, rules and exclusionary reasons -- Fuller v. Fuller. Is defeasibility a non-legal, moral problem? ; "My code is lost" ; Conclusion -- Nothing at all or nothing exceptional. Exceptions and rules ; The circumstances of defeasibility ; Normality and defeasibility ; Hart on defeasibility -- A Roman puzzle. Roman common sense ; Locatio conductio and the protection of the lessee ; Permutatio and emptio venditio ; Regula iuris -- Legal reasoning and legal theory revisited. Deductive reasoning and legal argumentation ; Rules as entrenched generalisations ; Legal reasoning, rules and sources -- The powers of application. The formality of law ; An image of law ; Images of law.
• Publisher Details: London : Hart Publishing
• Publication Date: 2002
• Extent: 1 online resource (240 pages)
• Subjects: 340.1; Law -- Philosophy; Law -- Methodology; Jurisprudence; Judgment (Logic); Judgment (Logic); Jurisprudence; Law -- Methodology; Law (Philosophical concept)
• Languages: English
• ISBNs: 9781847316325; 1847316328
• Related ISBNs: 9781841132754
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.