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On Law and Legal Reasoning

Bloomsbury Publishing (2002)

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  1. Gaps in the Law Fulfilled with Meaning: A Semiotic Approach for Decoding Gaps in Law.Liina Reisberg - 2017 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 30 (4):697-709.
    Semiotics provides the tools for studying the process of decoding law, one of the most important tasks in the daily work of courts. The semiotic review of juridical interpretation and gap filling concludes that in juridical and semiotic methodology the same question—how a norm is interpreted—is answered from different perspectives. According to the semiotic model proposed in the current paper, juridical interpretation can be structured into three levels: intra-, inter- and supranormative sign-process. For legal theory semiotics can highlight the similarities (...)
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  • Defeasibility, Law, and Argumentation: A Critical View from an Interpretative Standpoint.Francesca Poggi - 2020 - Argumentation 35 (3):409-434.
    The phenomenon of defeasibility has long been a central theme in legal literature. This essay aims to shed new light on that phenomenon by clarifying some fundamental conceptual issues. First, the most widespread definition of legal defeasibility is examined and criticized. The essay shows that such a definition is poorly constructed, inaccurate and generates many problems. Indeed, the definition hides the close relationship between legal defeasibility and legal interpretation. Second, this essay argues that no new definition is needed. I will (...)
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  • A Fullerian Challenge to Legal Intentionalism?Brian Flanagan - 2011 - Ratio Juris 24 (3):330-334.
  • A theory of legislation from a systems perspective.Peter Harrison - unknown
    In this thesis I outline a view of primary legislation from a systems perspective. I suggest that systems theory and, in particular, autopoietic theory, as modified by field theory, is a mechanism for understanding how society operates. The description of primary legislation that I outline differs markedly from any conventional definition in that I argue that primary legislation is not, and indeed cannot be, either a law or any of the euphemisms that are usually accorded to an enactment by a (...)
     
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