Full Description
The third volume of the Vienna Lectures on Legal Philosophy series focuses on one of the most fiercely contested issues in contemporary legal philosophy: the question of the importance of legal reasoning and how to properly engage with it.
This book considers legal reasoning from two different angles: it revolves, on the one hand, around debates concerning interpretation and balancing, but it also asks, on the other, whom we ought to entrust with decision-making based on legal reasoning and how this relates to the very concept of law.
The book approaches these underlying problems from a variety of perspectives and against the backdrop of different academic traditions, showcasing the rich landscape of critical debates around contemporary legal reasoning.
Contents
Preface, Christoph Bezemek (University of Graz, Austria), Michael Potacs (University of Vienna, Austria), Alexander Somek (University of Vienna, Austria)
1. Determining The Content Of (Austrian) Constitutional Principles, András Jakab (Paris Lodron University of Salzburg, Austria)
2. The Rule Of Algorithm And The Rule Of Law, John Tasioulas (University of Oxford, UK)
3. 'Written' Rules Of Constitutional Interpretation, Anna Gamper (University of Innsbruck, Austria)
4. How To Study Conceptions Of Personhood In Law: The Case Of European Privacy Law, Susanna Lindroos-Hovinheimo (University of Helsinki, Finland)
5. Interpretation In Law And Elsewhere: Meaning, Object, And Truth, Andrei Marmor (Cornell University, USA)
6. Finnis's Methodology: Reflections On Practical Reason And Human Action, Veronica Rodriguez-Blanco (University of Surrey, UK)
7. The Case Of The Little Bread Thief, Or: Free Legal Reasoning - A History, Katharina Isabel Schmidt (Max Planck Institute for Comparative and International Private Law, Germany)
8. Balancing as a Legal Method: What it is and How (not) to do it, George Letsas (University College London, UK)
9. Justice In Legal Interpretation, Michael Potacs (University of Vienna, Austria)
