The Foundations of Legal Resoning (Schriften Zum Ius Commune)

Samuel, Geoffrey

ISBN 10: 3789034835 / ISBN 13: 9783789034831

Published by Nomos Verlagsgesellschaft, 1995

Very Good paperback with light shelfwear - NICE! Standard-sized. Seller Inventory # mon0000252719

Synopsis:

First and foremost "The Foundations of Legal Reasoning" reflects upon structural nature of legal reasoning in the perspective of a European ius commune; focusing on Roman, English and French law this publication provides an epistemological reflection on the discourse and methods employed by European jurists when they are involved in problem-solving and decision-making. It questions the epistemological assumption that to have knowledge of law is to have knowledge of rules and principles. In place of this thesis an institutional scheme of intelligence is proposed that is designed as a non-propositional deep conceptual model. The model provides a more convincing epistemological framework for understanding legal method since, on the one hand, it is able to function within three dimensions, thus avoiding the tendency for contradiction to be found in the two-dimensional rule model; on the other hand, it uses institutional elements (persons, things and actions) that have an existence, so to speak, in the worlds of law (science) and social fact (object of science). The model has the great advantage of embracing within its structure all of the various aspects to legal knowledge. It links all of the positive subjects with legal history, legal theory and comparative law.

About the Author: Geoffrey Samuel is Professorial Fellow at the School of Religious and Theological Studies at Cardiff University. His publications include Mind, Body and Culture: Anthropology and the Biological Interface (2006).

Bibliographic Details

Title: The Foundations of Legal Resoning (Schriften...
Publisher: Nomos Verlagsgesellschaft
Publication Date: 1995
Binding: paperback
Condition: Very Good