By A. Peczenik
this can be an overview of a coherence thought of legislation. Its uncomplicated rules are: moderate help and weighing of purposes. the entire leisure is remark.
These phrases initially of the preface of this publication completely point out what On legislation and cause is set. it's a idea in regards to the nature of the legislations which emphasises the position of cause within the legislation and which refuses to restrict the function of cause to the appliance of deductive logic.
In 1989, while the 1st version of On legislation and cause seemed, this ebook used to be floor breaking for numerous purposes. It supplied a rationalistic concept of the legislation within the language of analytic philosophy and in line with an intensive figuring out of the consequences, together with technical ones, of analytic philosophy. That was once no longer an seen blend on the time of the e-book s first visual appeal and nonetheless isn't really. the result's an analytical rigor that's often linked to positivist theories of the legislations, mixed with a philosophical place that isn't common legislation in a strict experience, yet which stocks with it the emphasis at the function of cause in deciding upon what the legislation is. If just for this infrequent blend, On legislation and cause nonetheless merits cautious study.
On legislation and cause additionally foreshadowed and stimulated a improvement within the box of criminal good judgment that might occur within the nineties of the 20th century, specifically the improvement of non-monotonic ( defeasible ) logics for the research of criminal reasoning. within the new advent to this moment variation, this element is explored in a few extra detail.
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Extra resources for On Law and Reason (Law and Philosophy Library)
Example text
5. History of legal philosophy. 1 Legal Decision-Making and Evaluations Introduction. Subsumption in Clear and Hard Cases A legal solution of the case under consideration must fit the law. One may present the solution as a logical consequence of a set of premises, containing a statutory provision, precedent etc. together with other relevant norms, value statements and the description of the facts of the case. Establishment of this logical relation is called “subsumption” (cf. Alexy 1989, 221 ff.
A majority decision is then a good means to achieve a peaceful solution. (According to Kelsen 1929, 101, democracy thus is a consequence of value relativism, though an objectivist can also be a democrat). The relation between the majority rule and the political representation of interests raises difficult problems. It is not certain that the representatives actually protect the interests of the citizens. Their knowledge is limited, they must follow their party leaders and pay attention to other prudential reasons, etc.
The present terminology constitutes a further refinement. It pays attention to the fact that predictability is one of many moral values. I thus interpret “legal certainty” in the material sense, as the optimal compromise between predictability of legal decisions and their acceptability in view of other moral considerations. , against crimes. This use of the term may be called “extended material one”. , Report “Ekonomisk brottslighet i Sverige”, SOU 1984: 15). The rationale of it is to play down protection of an individual against abuse of public power and to advocate protection the state provides against other risks.