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In this article, I discuss Alf Ross's claim that the concept of a legal right is best understood as a technical tool of presentation, which ties together a disjunction of operative facts and a conjunction of legal consequences, and that rights statements render the content of a number of legal norms in a convenient manner. I argue that while Ross's analysis is appealing, it is problematic in at least three respects. I also argue, however, that despite these difficulties Ross's analysis (...) |
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I shall compare two views of legal concepts: as nodes in inferential nets and as categories in an ontology (a conceptual architecture). Firstly, I shall introduce the inferential approach, consider its implications, and distinguish the mere possession of an inferentially defined concept from the belief in the concept’s applicability, which also involves the acceptance of the concept’s constitutive inferences. For making this distinction, the inferential and eliminative analysis of legal concepts proposed by Alf Ross will be connected to the views (...) |
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This paper discusses the place of philosophical naturalism in the philosophy of law, with special reference to Scandinavian Realism. Hägerström originated a non-cognitivist analysis of certain fundamental legal concepts, but he also proposed an error theory. The two approaches are incompatible, but were not always clearly distinguished. Among his followers, Olivecrona and Ross gradually abandoned the latter, at least from the late 1940s. Many accounts of their views are unclear, because the presence of these two kinds of analysis, their incompatibility, (...) |
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This work contrasts Giovanni Sartor’s view of inferential semantics of legal concepts with a probabilistic model of theory formation. The work further explores possibilities of implementing Kemp’s probabilistic model of theory formation in the context of mapping legal concepts between two individual legal systems. For implementing the legal concept mapping, we propose a cross-categorization approach that combines three mathematical models: the Bayesian Model of Generalization, the probabilistic model of theory formation, i.e., the Infinite Relational Model first introduced by Kemp et (...) |
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In this paper we apply a general account of practical reasoning to arguing about legal cases. In particular, we provide a reconstruction of the reasoning of the majority and dissenting opinions for a particular well-known case from property law. This is done through the use of Belief-Desire-Intention (BDI) agents to replicate the contrasting views involved in the actual decision. This reconstruction suggests that the reasoning involved can be separated into three distinct levels: factual and normative levels and a level connecting (...) |
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Legal definitions will be examined from three perspectives: their pragmatic function, their propositional structure, and their argumentative role. In law, definitions can be used for different pragmatic purposes: they can be uttered to describe a concept, or to establish a new meaning for a term. The propositional content of definitional speech acts can be different. In law, like in ordinary conversation, there might be different types of definition: we can define by providing examples, or showing the fundamental characteristics of the (...) |
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The paper intends to show, that W. N. Hohfeld's theory of fundamental jural relations is relevant to economic theory, and that Hohfeld's system can be reconstructed by the concepts of 'liberty space' and 'ability space', understood as an agent's Spielraum for action. The first half of the paper is devoted to an exposition of Hohfeld's system and to the question of its relation to the economic analysis of property rights. The second half concerns Spielraum theory and the reformulation of Hohfeldian (...) |
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