A Treatise of Legal Philosophy and General Jurisprudence

  • Enrico Pattaro
  • Hubert Rottleuthner
  • Roger A. Shiner
  • Aleksander Peczenik
  • Giovanni Sartor
  • Editors
  • Corrado Roversi

Table of contents

  1. Front Matter
    Pages I-XXXIII
  2. The Reality That Ought to Be: Problems and Critical Issues

  3. The Reality That Ought to Be: A Monistic Perspective. Norms as Beliefs and as Motives of Behaviour

    1. Front Matter
      Pages 83-83
    2. Pages 97-114
  4. Family Portraits. Law as Interference in the Motives of Behaviour

  5. In Search of Confirming Others

  6. What Does “Foundations” Mean?

  7. The Explanandum: What is Law?

  8. Extra-Legal Foundations of Law—Variations on Legally External Foundations

  9. Internal Foundations of Law

  10. Anti-Foundationalism

    1. Pages 581-584
  11. General Tendencies

    1. Pages 585-588
  12. Problems of Explanation

    1. Pages 589-590
  13. Summary

    1. Pages 591-592
  14. Introduction

    1. Pages 593-597
  15. Legislation

    1. Pages 598-617
  16. Precedent

    1. Pages 618-651
  17. Custom

    1. Pages 652-673
  18. Delegation

    1. Pages 674-700
  19. Constitutions

    1. Pages 701-727
  20. Sources of Law in the Civil Law

    1. Antonino Rotolo
      Pages 728-779
  21. International Law

    1. Pages 780-802
  22. Authority

    1. Pages 803-813
  23. Legal Doctrine and Legal Theory

  24. Particular Legal Doctrine

  25. Criticism and Defence of Legal Doctrine

  26. Law And Morality

    1. Pages 892-924
  27. Coherence in Legal Doctrine

  28. Metatheory and Ontology for Legal Doctrine

  29. Conclusions

    1. Pages 988-990
  30. Legal Reasoning and Practical Rationality

About this book


A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and volume 12 forthcoming in 2012/2013), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index.

Volume 1: The Law and the Right, a Reappraisal of the Reality that ought to be

by Enrico Pattaro

This work brings out and recovers the normative dimension of law, called "the reality that ought to be", placing within this reality the idea of what is right. Part I reconstructs the current as well as the traditional civil-law conception of the reality that ought to be and raises some critical theoretical issues. Part II introduces some basic concepts on language and behaviour and presents a conception of norms as beliefs. Part III aims to find explanations for the idea of a reality that ought to be. Part IV consists of inquiries focussed on Homeric epic, the natural-law school, and the normativistic view of positive law. 


Analytic Jurisprudence Austinian Common Law Common law Jurisprudence Continental Europe Dworkin English-speaking World General Jurisprudence H.L.A. Hart’s History of Philosophy of Law Jurisprudential Thought Latin America Leg Legal Philosophy

Authors and affiliations

  • Enrico Pattaro
    • 1
  • Hubert Rottleuthner
    • 2
  • Roger A. Shiner
    • 3
  • Aleksander Peczenik
    • 4
  • Giovanni Sartor
    • 1
  1. 1.CIRSFID and Law FacultyUniversity of BolognaItaly
  2. 2.Law FacultyFreie Universität BerlinGermany
  3. 3.Department of PhilosophyOkanagan University CollegeCanada
  4. 4.Law FacultyLund UniversitySweden

Bibliographic information