Martin van Hees presents a new approach to the study of law - legal
reductionism - which combines elements of legal positivism, new
institutionalism and decision theory. From legal positivism Van
Hees derives some fundamental insights into the nature of legal
systems, but he also revises some of its key tenets. He argues that
law can be reduced to facts; moreover, he re-establishes the
relation between law and morality by arguing that law and positive
morality are inherently related. He subsequently uses
decision-theoretic tools to develop and defend his reductionist
methodology. The second part of the study applies the resulting
approach to an analysis of legal freedom. By showing that legal
reductionism allows us to analyse the value of liberal legal
systems, Van Hees makes a forceful case for including the study of
law in moral and political philosophy. The book is accessible to a
wide readership, including legal and moral philosophers, political
theorists and social scientists.
Springer-Verlag New York
|Country of origin:
||Law and Philosophy Library, v. 47
Martin van Hees
||235 x 155 x 10mm (L x W x T)
||Softcover reprint of the original 1st ed. 2000
Jurisprudence & general issues >
Jurisprudence & philosophy of law
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