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Die Politik des Rechts: Eine Analyse Juristischer Rationalitat

Die Politik des Rechts: Eine Analyse Juristischer Rationalitat (Hardback)

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Christian Hiebaum examines the political dimension of legal argumentation. He shows how two prevalent beliefs which seem to contradict one another are, in fact, compatible: the belief that the application of law is a political undertaking, and the belief that those who apply law necessarily act in a truth-oriented manner. This demands a thorough analysis of the interpretation of legal standards on the one hand, and of the concept of common welfare and its role in legal discourse on the other. Overall, the analysis is set up as a deconstruction of the Dworkinist differentiation of principle and policy arguments.

LawJurisprudence & general issuesJurisprudence & philosophy of lawPhilosophy, Psychology & Social SciencesWestern philosophyPhilosophy, Psychology & Social SciencesWestern philosophyWestern philosophy, from c 1900 -Analytical philosophy & Logical Positivism Publisher: De Gruyter Publication Date: 01/09/2004 ISBN-13: 9783110181890  Details: Type: Hardback Format: Books
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Christian Hiebaum is University Lecturer of legal and social philosophy, and sociology of law at the Karl Franzens University in Graz.

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