By Matthias Klatt

ISBN-10: 1841134910

ISBN-13: 9781841134918

Felony argumentation is composed within the interpretation of texts. for this reason, it has a average connection to the philosophy of language. significant problems with this connection, even if, lack a transparent solution. for example, how a lot freedom do judges have in utilizing the legislation? How are the literal and the purposive techniques relating to each other? How do we distinguish among using the legislations and making the legislations? This booklet presents solutions by way of a posh and distinctive concept of literal that means. a brand new felony approach is brought, particularly the additional improvement of the legislations. it's so some distance unknown in Anglo-American jurisprudence, however it is proven that this new technique is helping in fixing essentially the most an important puzzles in jurisprudence. At its centre the publication addresses felony indeterminism and refutes linguistic-philosophical purposes for indeterminacy. It spells out the normative personality of interpretation as emphasised by means of Raz and, with assistance from Robert Brandom's normative pragmatics, it truly is proven that the relativism of interpretation from a normative point of view doesn't in any respect justify scepticism. to the contrary, it helps the declare that criminal argumentation will be aim, and keeps that statements at the that means of a statute might be wrong or right, and tackle inter-subjective validity hence. This booklet breaks new flooring in moving Brandom's philosophy to felony theoretical difficulties and offers an unique and intriguing research of the semantic argument in criminal argumentation. It used to be the recipient of the eu Award for criminal idea in 2002. 'This ebook represents, at the one hand, a reception of Robert Brandom's very important conception together with purposes of this thought within the box of criminal philosophy and, at the different, an exploration of the boundaries of an allure in felony interpretation to the textual content. The enquiry thereby impinges upon the vital juridico-philosophical subject matters of which means, objectivity, and normativity. The author's paintings counts as an important contribution to analytical jurisprudence and is deserving of a large readership.' Robert Alexy, Professor for Public legislations and felony Philosophy, Kiel. 'Klatt makes a speciality of a truly profound concept of thought formation and makes use of this idea in an artistic technique to clear up classical difficulties of felony argumentation.' Aleksander Peczenik

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Extra info for Making the Law Explicit: The Normativity of Legal Argumentation (European Academy of Legal Theory Monograph)

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Thus, it is related to the objectivity of social reality and of the possibilities and limits of rationality. 109 Can judges make mistakes about the law? Are there correct answers in the law? 111 What is at stake is how the speakers of a language make up a common reference to reality. The problem of the limits of the wording concerns the possibility of a common language in the context of a factual plurality of world pictures, language games, forms of life and cultures. This book raises the issue of the existence and cognition of objective, universal, timeless and mind-independent features of language.

Legal Knowledge and Right Answers Revisited (Dordrecht, 2001) 112. 127 Dworkin, Law’s Empire (n 115 above) 234–6; Dworkin, A Matter of Principle (n 115 above) 152–4, 168; R Dworkin, ‘Law, Philosophy and Interpretation’ (1994) 80 Archiv für Rechts- und Sozialphilosophie 468. 126 Columns Design Ltd / Job: Klatt / Division: Introduction /Pg. 128 This book analyses the structure and conditions of legal argumentation in general. The doctrine of the limits of the wording is examined in the framework of a general theory of legal argumentation.

117 See J Raz, ‘Dworkin: A New Link in the Chain’ (1986) 74 California Law Review 1103 at 1110 f; Stavropoulos, Objectivity in Law (n 39 above) 136 f, 159. 118 Stavropoulos, Objectivity in Law (n 39 above) 159. 119 On this concept of internal objectivity see M Iglesias Vila, Facing Judicial Discretion. Legal Knowledge and Right Answers Revisited (Dordrecht, 2001) 120. Columns Design Ltd / Job: Klatt / Division: Introduction /Pg. 121 Yet Dworkin simultaneously claims to defend the idea of objectivity in judicial decision-making.

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Making the Law Explicit: The Normativity of Legal Argumentation (European Academy of Legal Theory Monograph) by Matthias Klatt


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