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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
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Legal Knowledge and Analogy: Fragments of Legal Epistemology, Hermeneutics and Linguistics

Legal Knowledge and Analogy: Fragments of Legal Epistemology, Hermeneutics and Linguistics

Nerhot, P. J.

Paperback

Series: Law and Philosophy Library, Book 13

Philosophy

ISBN10: 940105438X
ISBN13: 9789401054386
Publisher: Springer Nature
Published: Oct 31 2012
Pages: 245
Weight: 0.76
Height: 0.54 Width: 6.00 Depth: 9.00
Language: English
3 of law as an object that has always already been there, systematic and com- plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this referent, the law presented as a full discourses, runs through all of the contributions, this is because reasoning by analogy has to be found its specific place within this legal culture. It is the place to locate the problem of lacunae in law, which at bottom allows our various contributions to be classified. With Zaccaria and Maris, the question of lacunae is accepted as such (this is, we might say, the traditionalist aspect of these two articles, which is counterbalanced by - keeping to the same terminology - modernist emphases, sometimes Dworkinian in nature), and becomes the backdrop for considerations of purely hermeneutic type, in Zaccaria, ex- tended in Maris to the field of ethics. The papers from Lenoble and Jackson, the former philosophical and the latter semiological, take as their main tar- get this legal knowledge where the theory of lacunae finds its place.

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