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Legal Conventionalism

  • Lorena Ramírez-Ludeña
  • Josep M. Vilajosana

Part of the Law and Philosophy Library book series (LAPS, volume 126)

Table of contents

  1. Front Matter
    Pages i-vi
  2. Lorena Ramírez-Ludeña, Josep M. Vilajosana
    Pages 1-5
  3. The Notion of Convention

    1. Front Matter
      Pages 7-7
  4. Conventions and the Rule of Recognition

  5. Conventions and Legal Interpretation

About this book

Introduction

The concept of convention has been used in different fields and from different perspectives to account for important social phenomena, and the legal sphere is no exception. Rather, reflection on whether the legal phenomenon is based on a convention and, if so, what kind of convention is involved, has become a recurring issue in contemporary legal theory. In this book, some of the foremost specialists in the field make significant contributions to this debate. In the first part, the concept of convention is analysed. The second part reflects on whether the rule of recognition postulated by Hart can be understood as a convention and discusses its potential and limitations in order to explain the institutional and normative character of law. Lastly, the third part critically examines the relations between conventionalism and legal interpretation. Given the content and quality of the contributions, the book is of interest to those wanting to understand the current state of the art in legal conventionalism as well as those wanting to deepen their knowledge about these questions.

Keywords

Legal Conventionalism Conventions Legal Positivism David Lewis Andrei Marmor Herbert Hart Legal Interpretation Rule of Recognition Constitutive Conventions Coordination Conventions

Editors and affiliations

  • Lorena Ramírez-Ludeña
    • 1
  • Josep M. Vilajosana
    • 2
  1. 1.Pompeu Fabra UniversityBarcelonaSpain
  2. 2.Pompeu Fabra UniversityBarcelonaSpain

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-030-03571-6
  • Copyright Information Springer Nature Switzerland AG 2019
  • Publisher Name Springer, Cham
  • eBook Packages Law and Criminology
  • Print ISBN 978-3-030-03570-9
  • Online ISBN 978-3-030-03571-6
  • Series Print ISSN 1572-4395
  • Series Online ISSN 2215-0315
  • Buy this book on publisher's site