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Philosophy of Law as an Integral Part of Philosophy

Essays on the Jurisprudence of Gerald J Postema

Editor(s): Thomas Bustamante, Thiago Lopes Decat
Media of Philosophy of Law as an Integral Part of Philosophy
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Published: 24-12-2020
Format: Hardback
Edition: 1st
Extent: 344
ISBN: 9781509933884
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £65.00
Online price : £58.50
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Loren Epson

About Philosophy of Law as an Integral Part of Philosophy

This edited collection considers the work of one of the most important legal philosophers of our time, Professor Gerald J Postema. It includes contributions from expert philosophers of law.

The chapters dig deep into important camps of Postema's rich theoretical project including:

- the value of the rule of law;
- the ideal of integrity in adjudication;
- his works on analogical reasoning;
- the methodology of jurisprudence;
- dialogues with Ronald Dworkin, Joseph Raz, Frederick Schauer and HLA Hart.

The collection includes an original article by Professor Postema, in which he develops his conception of the rule of law and replies to some objections to previous works, and an interview in which he provides a fascinating and unique insight into his philosophy of law.

Table Of Contents

Interim Table of Contents
I. ON THE VALUE OF THE RULE OF LAW
1. Fidelity, Accountability and Trust – Gerald J. Postema
2. Equal Concern and Respect as the Foundation of Postema's Notion of the Rule of Law – Franklin M. Dutra

II. LEGAL REASONING, INTEGRITY AND PROTESTANT INTERPRETATION
3. Postema's Account of Integrity – Barbara Baum Levenbook
4. Revisiting the Idea of Protestant Interpretation: Towards Reconciliation between Dworkin and Postema – Thomas Bustamante
5. Postema, Dworkin and the Question of Meaning – Dennis Patterson
6. Protestant Interpretation, Conventions, and Legal Truth – Brian Bix

III. ANALOGICAL REASONING IN LAW
7. Some Inferentialist remarks on Postema's conception of analogical thinking in Law – Thiago Lopes Decat
8 Postema on Analogies in Law – Fábio Perin Shecaira

IV. METHODOLOGY AND THE NATURE OF JURISPRUDENCE
9. Postema on Hart: The Illusion of Value-Neutrality – Margaret Martin
10. Analytic Jurisprudence in Time – Dan Priel
11. How Postema's Jurisprudence as Sociable Science Is Like Dworkin's Interpretivism – Saulo de Matos

V. POSTEMA'S ANALYSIS OF CONTEMPORARY LEGAL THEORIES
12. In Defence of a Thin Concept of Law – Andrea Faggion
13. Philosophical and Psychological Distinctions between Presumptive Positivism and Rule-Sensitive Particularism – Guilherme de Almeida and Noel Struchiner
14. Interview with Professor Gerald Postema – Thomas Bustamante, César Serbena and Natalina Stamile

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