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Jurisprudence in the Mirror: The Common Law World Meets the Civil Law World


ISBN13: 9780192868688
Published: September 2024
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £110.00



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There is something quite puzzling about the global conversation on jurisprudence. On the one hand, jurisprudence is supposed to deal with abstract questions concerning the nature, structure, and distinctive features of the law. These questions are not tightly associated with, or dependent on, the particular legal practices in one jurisdiction or another. But, on the other hand, it seems that jurisprudents are tacitly affected by their background institutional context: there is an evident divide between theorizing about the law in the civil law world and in the common law world.

Jurisprudence in the Mirror: The Common Law World Meets the Civil Law World systematically presents the major achievements of contemporary civil law jurisprudence to the common law world and bridges the gap in analytic jurisprudence as it is currently practiced in the two traditions. The volume seeks to bring different voices to the table and overcome the cultural and linguistic divides that have created barriers in philosophical exchanges. The book's structure is dialogical: it includes twelve essays written by prominent and influential jurisprudents from the civil law world, each followed by a response by a jurisprudent from the common law world. This approach highlights what the two worlds share, where they part ways, and why. The varied contributions reveal how their respective legal traditions shape fundamental legal concepts and jurisprudential debates and will be invaluable to readers from both the civil and common law worlds.

Subjects:
Jurisprudence
Contents:
Contemporary Analytical Jurisprudence in the Civil Law World and in the Common Law World: Lost in Translation?

PART I. THEORETICAL FOUNDATIONS
1:Analytical Legal Philosophy
2:Anglophone Analytical Legal Philosophy: Reply to Schiavello
3:Legal Positivism
4:The Narrowing of Legal Positivism: Reply to Ratti and Redondo Natella

PART II. THEORY OF LEGAL NORMS
5:Legal Norms and Normative Relevance
6:The Systematisation of Legal Norms: Reply to Navarro and Rodríguez
7:Legal Validity and Other Properties of Legal Norms
8:The Validity of Validity: Reply to Moreso and Ángeles Ródenas
9:Rules and Principles
10:Rules and Principles Revisited: Reply to Grabowski and Lifante Vidal

PART III. THEORY OF THE LEGAL SYSTEM
11:Legal System
12:Recognition and the Concept of a Legal System: Reply to Guastini
13:Sources of Law
14:Sources of Law in the Common Law: Reply to Carpentier and Spaak
15:Antinomies and Gaps
16:Gap-Filling as Law-Making in Common Law and Civil Law Traditions Reply to Chiassoni and Huerta
17:Constitution
18:Constitutional Democracy: Reply to Manero

PART IV. LEGAL INTERPRETATION, REASONING, AND KNOWLEDGE
19:Legal Interpretation
20:Interpretation and Determinacy: Reply to Brunet and Poggi
21:Legal Reasoning
22:Legal Reasoning from Precedent and the Common Law: Reply to Canale
23:Legal Science
24:On the Nature of Legal Science: Reply to Duarte
25:Coda