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Items
Details
Author
Title
On law and legal reasoning / Fernando Atria.
Published
Oxford ; Portland, OR : Hart, 2001.
Copyright
©2002
Call Number
K230 .A85 2002
ISBN
1841132756
Description
x, 239 pages ; 25 cm.
System Control No.
(OCoLC)927011592
Dissertation Note
test University of Edinburgh.
Bibliography, etc. Note
Includes bibliographical references (pages [223]-229) and index.
Record Appears in
Table of Contents
Acknowledgements
1
Constitutive Rules, Institutions and the Weightier Matters of the Law
1
Two Concepts of Rules
1
The Game-Analogy
6
Insulation
9
A General Theory of Institutional Facts
14
The Game of Law
31
Law as Institutional fact
39
Two Models of Institution
43
The Weightier Matters of the Law
49
A Short Preview
60
2
Gapless Sources
63
The Sources Thesis and the Problem of Authority
63
Legal Indeterminacy
71
Hard and Clear Cases
73
On Gaps in the Law
76
3
Meaning and Application
87
Playing on Railway Stations
87
Hart on Open Texture
89
Principles, Rules and Exclusionary Reasons
94
4
Fuller v. Fuller
101
Is Defeasibility a Non-Legal, Moral Problem?
101
"My Code is Lost"
115
5
Nothing at all or Nothing Exceptional
123
Exceptions and Rules
123
The Circumstances of Defeasibility
125
Normality and Defeasibility
135
Hart on Defeasibility
137
6
A Roman Puzzle
141
Roman Common Sense
143
Locatio Conductio and the Protection of the Lessee
146
Permutatio and Emptio Venditio
148
Regula luris
150
7
Legal Reasoning and Legal Theory Revisited
161
Deductive Reasoning and Legal Argumentation
172
Rules as Entrenched Generalisations
184
Legal Reasoning, Rules and Sources
188
8
The Powers of Application
197
The Formality of Law
197
An Image of Law
204
Images of Law
218
References
223
Index
231