Legal Knowledge and Analogy by Patrick Nerhot

Legal Knowledge and Analogy by Patrick Nerhot

3 of law as an object that has always already been there, systematic and com- plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this referent, the law presented as a full discourses, runs through all of the contributions, this is because reasoning by analogy has to be found its specific place within this legal culture. It is the place to locate the problem of lacunae in law, which at bottom allows our various contributions to be classified. With Zaccaria and Maris, the question of lacunae is accepted as such (this is, we might say, the traditionalist aspect of these two articles, which is counterbalanced by - keeping to the same terminology - modernist emphases, sometimes Dworkinian in nature), and becomes the backdrop for considerations of purely hermeneutic type, in Zaccaria, ex- tended in Maris to the field of ethics. The papers from Lenoble and Jackson, the former philosophical and the latter semiological, take as their main tar- get this legal knowledge where the theory of lacunae finds its place.

SKU	Unavailable
ISBN 13	9780792310655
ISBN 10	0792310659
Title	Legal Knowledge and Analogy
Author	Patrick Nerhot
Series	Law And Philosophy Library
Condition	Unavailable
Binding Type	Hardback
Publisher	Kluwer Academic Publishers
Year published	1990-12-31
Number of pages	250
Cover note	Book picture is for illustrative purposes only, actual binding, cover or edition may vary.