Manuel Atienza, Juan Ruiz Manero (auth.), Francisco J.'s A Theory of Legal Sentences PDF

By Manuel Atienza, Juan Ruiz Manero (auth.), Francisco J. Laporta, Aleksander Peczenik, Frederick Schauer (eds.)

ISBN-10: 9400708483

ISBN-13: 9789400708488

ISBN-10: 9401037388

ISBN-13: 9789401037389

Legal statements are, in line with the authors, the main uncomplicated components of the legislations. however they need to be thought of not just because the items of a puzzle, but in addition because the parts of a dynamic and hugely complicated truth: the legislation of up to date society. The ebook provides an research of the different sorts of criminal statements (mandatory principles, rules, power-conferring ideas, definitions, permissions, values and the rule of thumb of popularity) from a threeefold viewpoint, that's, contemplating their logical constitution, their functionality in criminal reasoning as purposes for motion, and their connections with the pursuits and gear relationships one of the members and the social teams. the result's conceived as a primary step within the development of a normal thought of legislation designed now not as an remoted discourse yet as a decisive point for the dynamization of the criminal culture.

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Sample text

But principles are also more than rules, and again, in two senses. On the one hand, this is so because, since they are - or can be- stated in more general terms, they also come into play in a greater number of situations ; that 22 MANUEL ATIENZA AND JUAN RUIZ MANERO means that just as they have more explanatory power than rules, they also have greater justificatory scope. On the other hand, the lesser force of principles as premises of practical arguments is accompanied by a greater expansive force.

A first version of it was published under the title 'On principles and rules' in Doxa 10, and discussed in a seminar on current problems of legal theory in the United Statesand Spain, held at the Centro de Estudios Constitucionales in Madrid in June 1991. An expanded later version under the title 'ThreeApproaches to Legal Principles' was presented in 1992 at the II Spanish-Finnish Seminar on Legal Theory and ~ublished in Italian('Tre approcci ai principi di diritto') in the 1993 volume of Analisi e diritto.

But in our view, his arguments are not convincing . As he himself says, the "central point" of his theory is the following: "There exists a general prima facie moral obligation to obey the law because general disobedience would create chaos" (1989, 246). Peczenik justifies this thesis not by an appeal to the causal effect acts of disobedience would have on the maintenance of the system, but by an appeal to the requirement of universalization. Peczenik admits that there are acts of disobedience that do not at all increase the probability of other acts of disobedience, and he thinks that Raz's critique of attempts to ground the thesis of the existence of a prima facie general moral obligation to obey the law on the causal effect (of a 'bad example') is correct.

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A Theory of Legal Sentences by Manuel Atienza, Juan Ruiz Manero (auth.), Francisco J. Laporta, Aleksander Peczenik, Frederick Schauer (eds.)


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