The Logic of Legal Requirements: Essays on Defeasibility
The Logic of Legal Requirements: Essays on Defeasibility
Cite
Abstract
When a legal rule requires us to drive on the right, notarize our wills, or refrain from selling bootleg liquor, how are we to describe and understand that requirement? In particular, how does the logical form of such a requirement relate to the logical form of other requirements, such as moral requirements, or the requirements of logic itself? When a general legal rule is applied or distinguished in a particular case, how can we describe that process in logical form? Such questions have come to preoccupy modern legal philosophy as its methodology, drawing on the philosophy of logic, becomes ever more sophisticated. This book gathers together some of the most prominent legal philosophers in the Anglo-American and civil law traditions to analyse the logical structure of legal norms. They focus on the issue of defeasibility, which has become a central concern for both logicians and legal philosophers in recent years. The book is divided into four parts. Part One is devoted to unravelling the basic concepts related to legal defeasibility and the logical structure of legal norms, focusing on the idea that law, or its components, are liable to implicit exceptions, which cannot be specified before the law's application to particular cases. Part Two aims to disentangle the main relations between the issue of legal defeasibility and the issue of legal interpretation, exploring the topic of defeasibility as a product of certain argumentative techniques in the law. Part 3 of the volume is dedicated to one of the most problematic issues in the history of jurisprudence: the connections between law and morality. Finally, Part 4 of the volume is devoted to analysing the relationships between defeasibility and legal adjudication.
-
Front Matter
-
Legal Defeasibility: An Introduction
Jordi Ferrer Beltrán andGiovanni Battista Ratti
-
Part I General Features of Defeasibility in Law and Logic
-
1
Defeasibility and Legality: A Survey
Jordi Ferrer Beltrán andGiovanni Battista Ratti
-
2
On Law and Logic
Carlos E. Alchourrn
-
3
Defeasibility, Contributory Conditionals, and Refinement of Legal Systems
Juliano S.A. Maranhão
-
4
Is Defeasibility an Essential Property of Law?
Frederick Schauer
-
5
Against Defeasibility of Legal Rules
Jorge L. Rodriguez
-
6
Defeasibility in Legal Reasoning
Giovanni Sartor
-
7
Defeasible Properties
Rafael Hernández Marín
-
1
Defeasibility and Legality: A Survey
-
Part II Defeasibility and INterpretation
-
Part III Defeasibility and the Conceptions of Law
-
13
Legal Defeasibility and the Connection between Law and Morality
José Juan Moreso
-
14
Rules, Principles, and Defeasibility
Manuel Atienza andJuan Ruiz Manero
-
15
Defeasibility and Legal Positivism
Wilfrid Waluchow J.
-
16
True Exceptions: Defeasibility and Particularism
Bruno Celano
-
17
Principles, Conflicts, and Defeats: An Approach from a Coherentist Theory
Juan Manuel Pérez Bermejo
-
18
Reasons for Action and Defeasibility
María Cristina Redondo
-
13
Legal Defeasibility and the Connection between Law and Morality
-
Part IV Defeasibility and Adjudication
-
End Matter
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 1 |
October 2022 | 1 |
October 2022 | 2 |
October 2022 | 1 |
October 2022 | 4 |
October 2022 | 1 |
October 2022 | 2 |
October 2022 | 1 |
October 2022 | 2 |
October 2022 | 2 |
October 2022 | 1 |
October 2022 | 1 |
October 2022 | 1 |
October 2022 | 1 |
October 2022 | 3 |
October 2022 | 1 |
October 2022 | 3 |
October 2022 | 1 |
October 2022 | 6 |
October 2022 | 2 |
October 2022 | 3 |
October 2022 | 3 |
October 2022 | 3 |
October 2022 | 4 |
October 2022 | 1 |
October 2022 | 5 |
November 2022 | 1 |
November 2022 | 3 |
November 2022 | 2 |
November 2022 | 3 |
November 2022 | 2 |
December 2022 | 7 |
December 2022 | 1 |
December 2022 | 2 |
December 2022 | 2 |
December 2022 | 4 |
December 2022 | 4 |
December 2022 | 2 |
December 2022 | 3 |
December 2022 | 5 |
December 2022 | 2 |
December 2022 | 2 |
December 2022 | 2 |
December 2022 | 2 |
January 2023 | 10 |
January 2023 | 3 |
January 2023 | 2 |
January 2023 | 4 |
January 2023 | 3 |
January 2023 | 1 |
January 2023 | 2 |
February 2023 | 3 |
February 2023 | 3 |
February 2023 | 2 |
February 2023 | 2 |
February 2023 | 4 |
February 2023 | 2 |
February 2023 | 2 |
February 2023 | 3 |
February 2023 | 2 |
February 2023 | 2 |
February 2023 | 1 |
March 2023 | 3 |
March 2023 | 2 |
March 2023 | 4 |
March 2023 | 1 |
March 2023 | 3 |
March 2023 | 1 |
March 2023 | 3 |
March 2023 | 2 |
March 2023 | 5 |
March 2023 | 1 |
March 2023 | 1 |
March 2023 | 3 |
March 2023 | 3 |
April 2023 | 1 |
April 2023 | 2 |
April 2023 | 2 |
April 2023 | 2 |
April 2023 | 7 |
April 2023 | 2 |
April 2023 | 2 |
April 2023 | 4 |
April 2023 | 2 |
April 2023 | 2 |
April 2023 | 2 |
April 2023 | 2 |
April 2023 | 2 |
April 2023 | 5 |
April 2023 | 2 |
April 2023 | 2 |
April 2023 | 2 |
April 2023 | 2 |
April 2023 | 2 |
April 2023 | 2 |
April 2023 | 4 |
April 2023 | 3 |
April 2023 | 2 |
April 2023 | 2 |
April 2023 | 2 |
April 2023 | 2 |
April 2023 | 2 |
April 2023 | 2 |
May 2023 | 2 |
May 2023 | 2 |
May 2023 | 1 |
May 2023 | 2 |
May 2023 | 3 |
May 2023 | 1 |
May 2023 | 1 |
May 2023 | 3 |
June 2023 | 4 |
June 2023 | 1 |
June 2023 | 1 |
June 2023 | 4 |
June 2023 | 1 |
June 2023 | 3 |
June 2023 | 1 |
July 2023 | 1 |
July 2023 | 1 |
July 2023 | 2 |
July 2023 | 1 |
July 2023 | 4 |
July 2023 | 2 |
July 2023 | 1 |
July 2023 | 2 |
August 2023 | 1 |
August 2023 | 1 |
August 2023 | 4 |
August 2023 | 3 |
August 2023 | 1 |
August 2023 | 2 |
August 2023 | 1 |
August 2023 | 6 |
August 2023 | 3 |
September 2023 | 1 |
September 2023 | 6 |
September 2023 | 2 |
September 2023 | 2 |
September 2023 | 2 |
September 2023 | 4 |
September 2023 | 3 |
September 2023 | 2 |
September 2023 | 2 |
September 2023 | 8 |
September 2023 | 4 |
September 2023 | 1 |
September 2023 | 2 |
September 2023 | 4 |
September 2023 | 2 |
September 2023 | 2 |
September 2023 | 2 |
September 2023 | 2 |
September 2023 | 2 |
September 2023 | 2 |
September 2023 | 2 |
September 2023 | 2 |
September 2023 | 3 |
September 2023 | 2 |
September 2023 | 12 |
September 2023 | 2 |
September 2023 | 2 |
October 2023 | 5 |
October 2023 | 1 |
October 2023 | 1 |
October 2023 | 1 |
October 2023 | 1 |
October 2023 | 1 |
October 2023 | 2 |
October 2023 | 2 |
October 2023 | 1 |
November 2023 | 4 |
November 2023 | 1 |
November 2023 | 3 |
November 2023 | 1 |
November 2023 | 2 |
November 2023 | 3 |
November 2023 | 2 |
November 2023 | 1 |
November 2023 | 2 |
November 2023 | 1 |
November 2023 | 6 |
December 2023 | 2 |
December 2023 | 3 |
December 2023 | 1 |
December 2023 | 2 |
December 2023 | 2 |
December 2023 | 1 |
January 2024 | 2 |
January 2024 | 2 |
January 2024 | 1 |
January 2024 | 2 |
January 2024 | 2 |
January 2024 | 2 |
January 2024 | 2 |
January 2024 | 3 |
January 2024 | 3 |
January 2024 | 3 |
January 2024 | 2 |
January 2024 | 2 |
January 2024 | 2 |
January 2024 | 2 |
January 2024 | 2 |
January 2024 | 2 |
January 2024 | 3 |
January 2024 | 2 |
January 2024 | 2 |
January 2024 | 5 |
January 2024 | 2 |
January 2024 | 2 |
January 2024 | 2 |
January 2024 | 2 |
January 2024 | 2 |
January 2024 | 2 |
January 2024 | 2 |
January 2024 | 2 |
February 2024 | 1 |
February 2024 | 4 |
February 2024 | 2 |
February 2024 | 2 |
February 2024 | 1 |
February 2024 | 1 |
February 2024 | 1 |
March 2024 | 1 |
March 2024 | 1 |
March 2024 | 3 |
March 2024 | 6 |
March 2024 | 7 |
March 2024 | 5 |
March 2024 | 3 |
March 2024 | 2 |
March 2024 | 2 |
March 2024 | 3 |
March 2024 | 2 |
March 2024 | 2 |
March 2024 | 3 |
March 2024 | 5 |
March 2024 | 2 |
March 2024 | 3 |
March 2024 | 2 |
March 2024 | 2 |
March 2024 | 6 |
March 2024 | 3 |
March 2024 | 2 |
March 2024 | 2 |
March 2024 | 2 |
March 2024 | 6 |
March 2024 | 6 |
April 2024 | 3 |
April 2024 | 6 |
April 2024 | 1 |
April 2024 | 3 |
April 2024 | 1 |
April 2024 | 6 |
April 2024 | 2 |
April 2024 | 2 |
April 2024 | 1 |
April 2024 | 1 |
April 2024 | 2 |
April 2024 | 4 |
April 2024 | 2 |
April 2024 | 4 |
April 2024 | 2 |
April 2024 | 4 |
April 2024 | 8 |
April 2024 | 4 |
April 2024 | 8 |
April 2024 | 9 |
April 2024 | 2 |
May 2024 | 1 |
May 2024 | 1 |
May 2024 | 9 |
May 2024 | 2 |
May 2024 | 1 |
May 2024 | 2 |
June 2024 | 1 |
June 2024 | 3 |
June 2024 | 3 |
June 2024 | 3 |
June 2024 | 3 |
June 2024 | 4 |
June 2024 | 3 |
June 2024 | 5 |
June 2024 | 3 |
June 2024 | 2 |
June 2024 | 2 |
June 2024 | 3 |
June 2024 | 3 |
June 2024 | 3 |
June 2024 | 3 |
June 2024 | 3 |
June 2024 | 5 |
June 2024 | 7 |
June 2024 | 7 |
June 2024 | 7 |
June 2024 | 4 |
June 2024 | 2 |
June 2024 | 3 |
June 2024 | 8 |
July 2024 | 3 |
July 2024 | 2 |
July 2024 | 3 |
July 2024 | 4 |
July 2024 | 2 |
July 2024 | 1 |
July 2024 | 3 |
July 2024 | 1 |
July 2024 | 6 |
July 2024 | 5 |
July 2024 | 2 |
July 2024 | 2 |
July 2024 | 4 |
July 2024 | 1 |
July 2024 | 1 |
July 2024 | 10 |
July 2024 | 7 |
July 2024 | 6 |
July 2024 | 6 |
August 2024 | 1 |
August 2024 | 2 |
September 2024 | 2 |
September 2024 | 2 |
September 2024 | 3 |
September 2024 | 1 |
September 2024 | 1 |
September 2024 | 5 |
September 2024 | 2 |
September 2024 | 2 |
September 2024 | 3 |
September 2024 | 4 |
September 2024 | 3 |
September 2024 | 5 |
September 2024 | 3 |
September 2024 | 4 |
September 2024 | 2 |
October 2024 | 1 |
October 2024 | 4 |
October 2024 | 2 |
October 2024 | 1 |
October 2024 | 5 |
October 2024 | 5 |
October 2024 | 1 |
October 2024 | 5 |
October 2024 | 9 |
October 2024 | 3 |
October 2024 | 3 |
October 2024 | 2 |
October 2024 | 2 |
October 2024 | 8 |
October 2024 | 5 |
November 2024 | 2 |
November 2024 | 1 |
November 2024 | 1 |
November 2024 | 1 |
November 2024 | 1 |
November 2024 | 2 |
November 2024 | 9 |
November 2024 | 1 |
November 2024 | 2 |
November 2024 | 4 |
December 2024 | 2 |
December 2024 | 2 |
December 2024 | 2 |
December 2024 | 2 |
December 2024 | 2 |
December 2024 | 3 |
December 2024 | 4 |
December 2024 | 3 |
December 2024 | 2 |
December 2024 | 2 |
December 2024 | 2 |
December 2024 | 6 |
December 2024 | 3 |
December 2024 | 2 |
December 2024 | 2 |
December 2024 | 5 |
December 2024 | 2 |
December 2024 | 2 |
December 2024 | 2 |
December 2024 | 2 |
December 2024 | 9 |
December 2024 | 5 |
December 2024 | 2 |
December 2024 | 2 |
December 2024 | 2 |
December 2024 | 12 |
January 2025 | 1 |
January 2025 | 2 |
January 2025 | 2 |
January 2025 | 4 |
January 2025 | 1 |
January 2025 | 3 |
February 2025 | 8 |
February 2025 | 7 |
February 2025 | 2 |
February 2025 | 2 |
February 2025 | 4 |
February 2025 | 2 |
February 2025 | 2 |
February 2025 | 2 |
February 2025 | 2 |
February 2025 | 2 |
February 2025 | 2 |
February 2025 | 7 |
February 2025 | 5 |
February 2025 | 2 |
February 2025 | 6 |
February 2025 | 4 |
February 2025 | 4 |
February 2025 | 9 |
February 2025 | 10 |
February 2025 | 7 |
February 2025 | 2 |
February 2025 | 4 |
February 2025 | 5 |
March 2025 | 2 |
March 2025 | 1 |
March 2025 | 14 |
March 2025 | 2 |
March 2025 | 1 |
April 2025 | 2 |
April 2025 | 3 |
April 2025 | 2 |
April 2025 | 2 |
April 2025 | 2 |
April 2025 | 2 |
April 2025 | 2 |
April 2025 | 2 |
May 2025 | 2 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.