On Law and Reason

  • Aleksander Peczenik

Part of the Law and Philosophy Library book series (LAPS, volume 8)

Table of contents

  1. Front Matter
    Pages i-xii
  2. Aulis Aarnio
    Pages 1-16
  3. Aleksander Peczenik
    Pages 47-118
  4. Aleksander Peczenik
    Pages 119-157
  5. Aleksander Peczenik
    Pages 213-312
  6. Aleksander Peczenik
    Pages 313-371
  7. Aleksander Peczenik
    Pages 372-425
  8. Back Matter
    Pages 426-443

About this book

Introduction

'This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.’

These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic.

In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the book’s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study.

On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (‘defeasible’) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail.

Keywords

DSI_D010 argumentation coherence theory law legal justification logic nature of law reason

Authors and affiliations

  • Aleksander Peczenik
    • 1
  1. 1.Lund UniversitySweden

Bibliographic information

  • DOI https://doi.org/10.1007/978-1-4020-8381-5
  • Copyright Information Springer Science+Business Media Dordrecht 1989
  • Publisher Name Springer, Dordrecht
  • eBook Packages Springer Book Archive
  • Print ISBN 978-0-7923-0444-9
  • Online ISBN 978-1-4020-8381-5
  • Series Print ISSN 1572-4395
  • Series Online ISSN 2215-0315
  • About this book