Jean Andre Bücher

The book covers a diverse range of topics related to formal logic and its application in legal reasoning. Contributions include discussions on the intersection of aesthetics and legal thought, trends in automated legislation analysis, and the implications of multi-valued logic in legal thinking. Key themes include rationality in legislation, the limits of rationality in legal reasoning, and critiques of irrationalism within legal science. Various authors explore the social function of legal language, the critique of technocratic fallacies, and the relationship between rationality and human rights. The text addresses the role of courts versus legislatures in protecting human rights, the principles of liberalism concerning the rights of marginalized groups, and the significance of human rights within legal systems. Additionally, it examines philosophical debates around absolutism and relativism in social and legal philosophy, as well as the moral justifications for civil disobedience. Overall, the work presents a comprehensive analysis of the complexities surrounding legal reasoning, rationality, and the evolving understanding of human rights in contemporary legal discourse.

Contents: Law and Morality: D. B. Boersema: Rights and Moral Compromise – A. W. Musschenga: Incommensurable Views on the Existence of Ultimate Moral Disagreements – G. Pincione: On the Relative Stringency of Negative and Positive Moral Duties – W. L. Robison: Hard Cases and Natural Law – C.-L. Sheng: Law and Morality – Their Main Differences and Degeneration – A. Verza: Law, Morality and Tolerance: Hart and After – R. Wacks: Law's Umpire: Judges, Truth, and Moral Accountability – D. Wood: The Moral and Power Dimensions of Law – Justice: K. L. Avio: Discourse Ethics, Constitutional Contract and the Problem of Implementation: Application to Aboriginal Rights – R. E. Mackay: Restorative Justice: Natural Law, Community and Ideal Speech – A. M. Macleod: Efficiency and Justice – M. C. Pievatolo: An Interpretation of Kant: the Political Neutrality of Justice and the Value of Liberty – Culture: F. Galindo: Cultural Environment and the Concept of Law – M. Kopperi: Social Fragmentation and Political Culture – N. M. Martínez Yáñez: Linguistic Flaws of the Spanish Debate on the Obligation to Obey the Law – H. Ólafsson: Anthropology and the Possibility of Productive Social Dialogue – P. Riekkinen: The Power of the Supreme Court and the Death Sentence: „The mystical foundation of the authority“ – R. Rosales: Culture, Community and Gender in the Formation of Agency – P. van Aerschot: Juridification from the Point of View of Modernization